PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING BOOKINSTEAD.COM. BY CREATING AN ACCOUNT, ACCESSING THE PLATFORM, OR COMPLETING A BOOKING, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1. Introduction and Acceptance of Terms

1.1 About BookInstead

BookInstead.com (“BookInstead,” “we,” “us,” or “our”) is an online marketplace that connects travelers and consumers (“Guests”) with independent tour operators, activity providers, adventure guides, and rental companies (“Operators”) offering experiences, tours, rentals, and activities (“Experiences”). BookInstead is owned and operated by BookInstead LLC, a Texas limited liability company with its principal place of business in Houston, Texas.

BookInstead is a marketplace platform only. We do not own, operate, employ, manage, supervise, or control any Operator or Experience listed on the platform. We do not inspect Experience locations, verify equipment safety, or guarantee the accuracy of Operator-provided content beyond the listing review process described in our Listing Standards Policy.

1.2 Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and BookInstead governing your access to and use of the BookInstead.com website, mobile applications, and all related services (collectively, the “Platform”). These Terms apply to all users of the Platform, including Guests, Operators, visitors, and any other individuals who access the Platform in any capacity.

By accessing or using the Platform in any way, including browsing listings, creating an account, submitting a booking inquiry, completing a purchase, or listing an Experience, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Cancellation and Refund Policy, all of which are incorporated herein by reference.

1.3 Eligibility

To use the Platform, you must meet all of the following eligibility requirements:

  • You must be at least eighteen (18) years of age. Individuals under 18 may not create an account or complete a booking. Bookings that include minors as participants must be made by an adult account holder who assumes full responsibility for the minor’s participation.
  • You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
  • You must not be prohibited from using the Platform under any applicable law, regulation, or government order.
  • If you are using the Platform on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
  • You must provide accurate, current, and complete information during the registration process and keep your account information updated.

BookInstead reserves the right to verify eligibility and to refuse access to any user who does not meet these requirements, at its sole discretion.

1.4 Modifications to These Terms

BookInstead reserves the right to modify, update, or replace these Terms at any time. When changes are made, we will update the “Last Reviewed” date at the top of this document and notify registered users via email at least fourteen (14) calendar days before the updated Terms take effect. Changes that are required by law may take effect immediately.

Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform immediately and, if applicable, close your account.

2. Definitions

The following defined terms are used throughout these Terms. Capitalized terms not defined here carry the meaning assigned to them in the applicable supplemental policy (Cancellation Policy, Privacy Policy, etc.).

Term Definition
Platform The BookInstead.com website, any mobile application, and all associated digital services, tools, and interfaces operated by BookInstead LLC.
Guest Any individual who registers an account on the Platform for the purpose of discovering, evaluating, and booking Experiences offered by Operators.
Operator Any individual, business, or entity that registers an Operator account on the Platform for the purpose of listing, marketing, and fulfilling Experiences to Guests.
Experience Any tour, activity, excursion, rental, adventure, guided event, or related service listed by an Operator on the Platform for purchase by Guests.
Booking A confirmed, paid reservation made by a Guest through the Platform for a specific Experience, including the scheduled date, time, party composition, and any selected add-ons.
User Any individual or entity accessing or using the Platform in any capacity, including Guests, Operators, and anonymous visitors.
User Content Any text, images, photographs, videos, reviews, ratings, messages, listings, or other material submitted to or posted on the Platform by any User.
Listing An Operator-created page on the Platform that describes an Experience, including pricing, availability, cancellation terms, inclusions, restrictions, and photos.
BookInstead Service Fee A non-refundable fee charged by BookInstead to Guests at checkout, disclosed prior to payment, covering platform operations, payment processing, fraud prevention, and guest support.
Operator Commission The percentage of each booking’s Experience Value retained by BookInstead as compensation for access to the Platform, guest acquisition, and transaction processing, as set forth in the Operator’s agreement with BookInstead.
Account A registered user profile on the Platform, created by providing required information during the registration process, which enables access to booking, listing, or management features.
Intellectual Property All patents, trademarks, service marks, trade names, copyrights, trade secrets, logos, software, source code, algorithms, designs, and other proprietary rights owned by or licensed to BookInstead.
Third-Party Services Any external platforms, payment processors, mapping tools, communication services, or other integrations accessible through or in connection with the Platform but operated by independent third parties.
Prohibited Content Any User Content or activity that violates these Terms, applicable law, or BookInstead’s supplemental policies, as described in Section 9.
Dispute A formal complaint submitted by a Guest or Operator through BookInstead’s designated resolution process regarding a Booking, Experience, refund, or alleged violation of these Terms.
Confidential Information Non-public information disclosed by one party to another in connection with use of the Platform, including pricing structures, business data, guest lists, and operational details.
Force Majeure Events beyond a party’s reasonable control preventing performance, as defined in detail in the Cancellation and Refund Policy.

3. Description of the Platform and BookInstead’s Role

3.1 Marketplace Only

BookInstead operates exclusively as an online marketplace that facilitates connections between Guests and Operators. BookInstead is not a travel agency, tour operator, activity provider, transportation company, or rental company. BookInstead does not provide, offer, control, supervise, or endorse any Experience listed on the Platform.

The contractual relationship for the delivery of any Experience is solely between the Guest and the Operator. BookInstead is not a party to that contract and accepts no responsibility or liability for the Operator’s performance, non-performance, safety standards, licensing, insurance coverage, or conduct before, during, or after any Experience.

3.2 Payment Facilitation

BookInstead facilitates payment collection on behalf of Operators using third-party payment processors. When a Guest completes a Booking, payment is collected by BookInstead’s payment processor, which retains the funds until the Experience is completed, minus the Operator Commission. BookInstead does not hold funds in a trust or escrow account. Operator payouts are governed by the Operator Terms of Service and the Payment Terms Policy.

3.3 No Endorsement

The appearance of any Operator or Experience on the Platform does not constitute BookInstead’s endorsement, recommendation, certification, warranty, or guarantee regarding that Operator’s legitimacy, safety, quality, or compliance with applicable law. Guests are encouraged to independently research Operators and Experiences before booking.

3.4 Platform Availability

BookInstead does not guarantee that the Platform will be available at all times or without interruption. We may take the Platform offline periodically for maintenance, security updates, or other operational purposes. BookInstead shall not be liable for any loss, inconvenience, or damages resulting from Platform downtime or unavailability.

4. Account Registration and Security

4.1 Account Creation

To access booking features, post reviews, or list Experiences, users must create an Account. Account creation requires providing a valid email address, creating a secure password, and agreeing to these Terms. Operator accounts require additional business information as specified in the Operator Terms of Service.

Each individual or entity may maintain only one Guest account and one Operator account. Creating duplicate accounts for purposes of circumventing restrictions, earning credits, or manipulating reviews is strictly prohibited and constitutes grounds for immediate account termination.

4.2 Account Information Accuracy

You represent and warrant that all information you provide during registration and throughout your use of the Platform is true, accurate, current, and complete. You agree to promptly update your account information to maintain its accuracy. BookInstead reserves the right to suspend or terminate accounts found to contain materially false or misleading information.

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:

  • Use a strong, unique password that you do not use for other services.
  • Not share your login credentials with any third party.
  • Log out of your account after each session on shared or public devices.
  • Notify BookInstead immediately at security@bookinstead.com if you suspect unauthorized access to your account.

BookInstead will never ask for your password via email, chat, or phone. Any communication claiming to require your password should be treated as fraudulent and reported to BookInstead immediately.

You are responsible for all activities that occur under your account, whether or not authorized by you. BookInstead shall not be liable for any loss or damage arising from unauthorized use of your account resulting from your failure to maintain the security of your credentials.

4.4 Account Termination by User

You may close your account at any time by contacting BookInstead at support@bookinstead.com. Account closure does not entitle you to a refund of any BookInstead Credits, unused booking amounts, or fees paid. Upon account closure, your access to the Platform will be revoked and your account data will be handled in accordance with our Privacy Policy.

4.5 Account Suspension and Termination by BookInstead

BookInstead reserves the right to suspend, restrict, or permanently terminate any account at its sole discretion, with or without notice, for any of the following reasons:

  • Violation of these Terms or any supplemental policy.
  • Engaging in fraudulent, abusive, or illegal conduct on or off the Platform.
  • Providing false or misleading account information.
  • Initiating chargebacks in bad faith or abusing the cancellation and refund system.
  • Harassment, threatening behavior, or discriminatory conduct toward any other User or BookInstead employee.
  • Any activity that BookInstead determines, in its reasonable judgment, poses a risk to the Platform, its users, or its business operations.

Upon termination by BookInstead for cause, all unused BookInstead Credits are forfeited without compensation. Termination does not relieve you of any obligations incurred prior to termination.

5. Guest Terms and Responsibilities

5.1 Booking Process

Guests may browse Listings on the Platform without an account. To complete a Booking, a Guest must have a registered, active account and a valid payment method on file. The Booking process consists of the following steps:

  1. The Guest selects an Experience Listing, chooses a date, time, and party size, and selects any available add-ons.
  2. The Platform displays the total cost, including the Experience Value and BookInstead Service Fee, for Guest review.
  3. The Guest provides payment information and confirms the Booking by clicking the designated purchase confirmation button.
  4. Payment is processed through BookInstead’s third-party payment processor.
  5. BookInstead sends a Booking confirmation email to the Guest’s registered email address, which constitutes the formation of a booking agreement between the Guest and the Operator.

A Booking is not confirmed until the Guest receives the confirmation email. BookInstead reserves the right to cancel a Booking prior to confirmation if the selected Experience is no longer available or if payment cannot be processed.

5.2 Guest Acknowledgments

By completing a Booking, the Guest acknowledges and agrees to the following:

  • The Guest has read and understood the full Listing description, including all inclusions, exclusions, age and health restrictions, fitness requirements, required gear, and meeting location details.
  • The Guest accepts all terms, waivers, and liability releases required by the Operator as a condition of participation, which are disclosed on the Listing prior to checkout.
  • The Guest is responsible for ensuring that all members of their party meet any eligibility requirements specified on the Listing, including age minimums, health requirements, and physical ability levels.
  • The Guest assumes all inherent risks associated with the Experience, to the extent permitted by applicable law.
  • The Guest will arrive at the designated meeting location no later than the time specified in the Booking confirmation. Late arrivals may result in forfeiture of the Booking without refund.
  • The Guest will comply with all Operator instructions, safety briefings, and platform conduct standards throughout the Experience.

5.3 Cancellations and Refunds

All Guest cancellations, reschedules, and refund requests are governed exclusively by BookInstead’s Cancellation, Refund, and Guest Protection Policy, which is incorporated into these Terms by reference and available at bookinstead.com/cancellation-policy. The applicable cancellation window is determined by the Operator’s selected policy tier, which is disclosed on the Listing prior to checkout.

5.4 Reviews and Ratings

Guests who have completed a Booking are eligible to submit a review and rating of the Experience through their “My Bookings” portal. Reviews are subject to the following conditions:

  • Only Guests who have completed the Experience as confirmed by the Operator may submit a review.
  • Reviews must be honest, accurate, and based on the Guest’s direct personal experience.
  • Reviews may not contain defamatory statements, personal attacks, hate speech, discriminatory content, private information about individuals, or false statements of fact.
  • Reviews may not reference competitor platforms or include promotional content.
  • BookInstead reserves the right to remove any review that violates these standards, in its sole discretion, without notice.
  • Operators may submit a written response to a review, which will be displayed publicly alongside the original review.

5.5 Guest Conduct

Guests agree to conduct themselves in a safe, respectful, and lawful manner throughout their use of the Platform and participation in any Experience. Guests must not:

  • Engage in harassment, intimidation, or threatening behavior toward any Operator, BookInstead employee, or other guest.
  • Damage or destroy any equipment, vehicle, property, or facility associated with an Experience.
  • Participate in an Experience while under the influence of alcohol or controlled substances, unless expressly permitted by the Operator.
  • Violate any applicable local, state, federal, or international law in connection with their use of the Platform or participation in an Experience.

Guests found to have engaged in prohibited conduct may be removed from an Experience without refund and may have their accounts suspended or terminated.

6. Operator Terms (Summary)

Operators are subject to a separate, comprehensive Operator Terms of Service agreement that governs the listing, management, and fulfillment of Experiences on the Platform. The provisions below summarize key obligations that are also relevant to Guests and the Platform generally. The full Operator Terms of Service document is incorporated by reference.

6.1 Operator Eligibility and Verification

To list an Experience on BookInstead, an Operator must:

  • Be a legally organized business entity or sole proprietor with the right to offer the listed Experience under applicable law.
  • Hold all licenses, permits, certifications, and insurance coverage required by the applicable federal, state, county, and municipal authorities for the type of Experience offered.
  • Provide accurate business information, including legal name, address, tax identification number, and contact information, to BookInstead prior to listing approval.
  • Agree to the BookInstead Operator Terms of Service, Payment Terms Policy, and Listing Standards Policy.

BookInstead conducts a basic eligibility review of Operator applications but does not guarantee the completeness or accuracy of Operator credentials. Guests are responsible for independently verifying any Operator certifications or licenses that are material to their decision to book.

6.2 Listing Accuracy

Operators are solely responsible for the accuracy, completeness, and legality of all content published in their Listings, including descriptions, photos, pricing, availability, inclusions, exclusions, restrictions, safety requirements, and cancellation terms. Operators warrant that their Listings do not contain false, misleading, or deceptive information.

BookInstead reserves the right to edit, modify, suppress, or remove any Listing that violates these Terms, our Listing Standards Policy, or applicable law, at its sole discretion and without notice to the Operator.

6.3 Operator Insurance Requirements

All Operators are required to maintain the following minimum insurance coverage throughout the duration of their active Listing on the Platform:

  • Commercial General Liability insurance in an amount no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
  • Any additional coverage required by applicable law for the specific type of Experience offered, including but not limited to commercial auto, watercraft liability, aviation liability, or professional liability insurance.

Operators must provide proof of insurance upon request from BookInstead. Failure to maintain adequate insurance coverage is grounds for immediate Listing suspension.

6.4 Operator Cancellations

Operators must fulfill all confirmed Bookings. Operator-initiated cancellations are permitted only in qualifying circumstances, including Force Majeure Events, documented safety concerns, or Guest conduct violations. Consequences for non-qualifying Operator cancellations are detailed in the Cancellation and Refund Policy and the Operator Terms of Service.

6.5 Commission and Payouts

In exchange for access to the Platform, Operator tools, and guest acquisition services, Operators agree to pay BookInstead a Commission on each completed Booking, at the rate established in their Operator agreement. The Commission is deducted from the Experience Value before payout. Payout schedules, hold periods, and dispute-related withholding are governed by the Payment Terms Policy.

7. Fees, Payments, and Taxes

7.1 Guest Payment Obligations

By completing a Booking, the Guest authorizes BookInstead to charge the full Booking amount, including the Experience Value and the BookInstead Service Fee, to the payment method provided at checkout. All charges are in U.S. dollars unless otherwise stated. Prices displayed on the Platform include all applicable booking fees unless otherwise itemized.

7.2 Payment Methods

BookInstead accepts the following payment methods: major credit cards (Visa, MasterCard, American Express, Discover), debit cards with a major card network logo, and BookInstead Credits. Payment is processed through a third-party payment processor. By submitting payment, you authorize that processor to charge your payment method on BookInstead’s behalf.

BookInstead does not store full credit card numbers or sensitive financial data on its servers. All payment data is handled by our PCI-DSS compliant payment processor.

7.3 BookInstead Service Fee

The BookInstead Service Fee is charged to Guests at checkout and is non-refundable in all circumstances except those expressly stated in the Cancellation and Refund Policy (specifically, Operator-initiated cancellations and qualifying weather or safety cancellations). This fee compensates BookInstead for platform operations, payment processing infrastructure, fraud detection, and guest support services. The Service Fee is disclosed and itemized before payment is confirmed.

7.4 Pricing Accuracy

BookInstead makes reasonable efforts to display accurate pricing on all Listings. However, in the event of a pricing error due to a technical malfunction, data feed issue, or Operator input error, BookInstead reserves the right to:

  • Cancel the affected Booking and issue a full refund, including the BookInstead Service Fee, to the Guest’s original payment method.
  • Contact the Guest to offer the corrected price with the option to accept or cancel without penalty.

BookInstead is not obligated to honor a confirmed Booking made at a materially incorrect price resulting from a technical error.

7.5 Taxes

Guests are responsible for paying all applicable taxes associated with their Bookings, including but not limited to sales tax, use tax, tourism tax, and value-added tax, to the extent required by law. Operators are responsible for collecting and remitting all applicable taxes in their jurisdictions. BookInstead may collect and remit certain taxes where required by law and will disclose this in the checkout flow.

BookInstead does not provide tax advice. Users are encouraged to consult a qualified tax professional regarding their individual tax obligations.

7.6 Chargebacks and Disputed Charges

Guests who believe a charge on their account is unauthorized or incorrect should contact BookInstead support at support@bookinstead.com before initiating a chargeback with their card issuer. BookInstead will investigate and resolve valid concerns within five (5) business days.

Guests who initiate a chargeback without first exhausting BookInstead’s internal dispute resolution process, or who file a chargeback in bad faith after receiving a valid refund or credit, forfeit future platform access and any unused Credits. BookInstead will submit complete booking and payment documentation to the Guest’s card issuer in response to any chargeback filing.

8. User Content and Intellectual Property

8.1 User Content License

By submitting any User Content to the Platform, including reviews, photos, profile information, or messages, you grant BookInstead a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, display, reproduce, modify, distribute, and otherwise exploit that content in connection with operating and promoting the Platform.

This license persists after you delete your content or close your account to the extent necessary to comply with legal obligations, resolve disputes, or maintain system backups, as described in our Privacy Policy.

8.2 User Content Representations

By submitting User Content, you represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to submit the content.
  • The content does not infringe any third party’s intellectual property rights, privacy rights, or publicity rights.
  • The content is accurate and not misleading.
  • The content does not violate any applicable law or these Terms.

8.3 BookInstead’s Intellectual Property

All content on the Platform that is not User Content, including the BookInstead name, logo, wordmarks, trade dress, website design, layout, software, source code, algorithms, data compilations, and written content, is the exclusive intellectual property of BookInstead LLC and is protected by applicable copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any BookInstead intellectual property without prior written authorization from BookInstead, except:

  • You may print or download a single copy of Platform content for your own personal, non-commercial use.
  • You may share links to publicly available Platform pages through social media or other channels.

8.4 Copyright Infringement — DMCA Notice

BookInstead respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Platform infringes your copyright, please submit a DMCA takedown notice to BookInstead’s designated Copyright Agent at the following address:

Email: legal@bookinstead.com

Subject Line: DMCA Takedown Notice

Your notice must include: (a) your signature or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location on the Platform; (d) your contact information; (e) a statement of good faith belief that the use is not authorized; and (f) a statement of accuracy under penalty of perjury.

9. Prohibited Conduct

The following activities are strictly prohibited on or in connection with the Platform. Violation of any of these prohibitions may result in immediate account suspension or termination, removal of content, and potential legal action:

9.1 Illegal and Harmful Activities

  • Using the Platform for any purpose that is unlawful under federal, state, local, or international law.
  • Booking, listing, or facilitating Experiences that involve illegal activities, controlled substances, unregistered weapons, or any activity prohibited by applicable law.
  • Engaging in human trafficking, exploitation, or any activity that harms or endangers minors.
  • Attempting to defraud BookInstead, other Users, or any third party through the Platform.

9.2 Platform Integrity

  • Using automated scripts, bots, crawlers, scrapers, or similar tools to access, extract, or monitor any portion of the Platform without BookInstead’s prior written consent.
  • Attempting to gain unauthorized access to any portion of the Platform, other user accounts, or BookInstead’s systems or networks.
  • Introducing viruses, malware, ransomware, Trojan horses, or other harmful code to the Platform.
  • Interfering with or disrupting the integrity or performance of the Platform or its underlying infrastructure.
  • Circumventing or manipulating any security, access control, or fraud prevention measure on the Platform.

9.3 Misuse of the Booking System

  • Making speculative, false, or fraudulent Bookings.
  • Booking Experiences for the purpose of resale or commercial redistribution without BookInstead’s written consent.
  • Abusing the cancellation, refund, or dispute system in bad faith, including submitting false evidence or fabricated claims.
  • Using BookInstead Credits obtained through fraudulent means.
  • Initiating chargebacks after receiving valid refunds or credits from BookInstead.

9.4 Content Violations

  • Submitting false, misleading, defamatory, obscene, threatening, discriminatory, or harassing User Content.
  • Posting content that infringes any third party’s intellectual property, privacy, or publicity rights.
  • Impersonating any person, business, or entity, including BookInstead employees or other users.
  • Submitting fake reviews or ratings, soliciting fake reviews, or offering compensation in exchange for reviews.

9.5 Off-Platform Transactions

  • Soliciting Guests to complete bookings or payments outside the Platform in order to circumvent BookInstead’s Commission structure.
  • Sharing personal contact information with Guests before a confirmed Booking for the purpose of directing off-platform transactions.
  • Operators accepting payment directly from Guests for services that are or should be listed on the Platform.

10. Privacy and Data

BookInstead’s collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at bookinstead.com/privacy-policy. By using the Platform, you consent to our data practices as described in the Privacy Policy.

Key highlights of our data practices include:

  • We collect personal information such as name, email address, phone number, payment information, and booking history to operate the Platform and provide our services.
  • We use cookies and similar tracking technologies as described in our Cookie Policy.
  • We do not sell your personal information to third parties for their independent marketing purposes.
  • We may share your information with Operators to facilitate booked Experiences, with payment processors to process transactions, and with law enforcement when required by law.
  • You have the right to access, correct, or request deletion of your personal information as described in the Privacy Policy.

By using the Platform, you also consent to receiving transactional emails related to your account and bookings. You may opt out of marketing communications at any time using the unsubscribe link in any marketing email.

11. Third-Party Services and Links

11.1 Third-Party Integrations

The Platform may integrate with or provide links to third-party websites, services, APIs, and tools, including payment processors, mapping services, review aggregators, and communication tools. These third-party services are operated by independent entities and are subject to their own terms of service and privacy policies.

BookInstead does not endorse, control, or assume responsibility for the content, availability, accuracy, privacy practices, or terms of any third-party service. Your use of any third-party service accessed through or in connection with the Platform is at your own risk and subject to the third party’s governing terms.

11.2 Payment Processors

All payment transactions on the Platform are processed by third-party payment processors that are PCI-DSS compliant. By completing a Booking, you agree to the payment processor’s terms of service. BookInstead is not responsible for errors, failures, or unauthorized access occurring within the payment processor’s systems, to the extent such events are outside BookInstead’s reasonable control.

11.3 Maps and Location Services

The Platform may use third-party mapping services to display Experience locations and provide directional information. BookInstead does not warrant the accuracy of mapping data and is not responsible for navigation errors or inaccuracies resulting from third-party mapping tools.

12. Disclaimers of Warranties

THE PLATFORM AND ALL CONTENT, LISTINGS, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. BOOKINSTEAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

BookInstead does not warrant that:

  • The Platform will be available without interruption, error-free, or free of viruses or other harmful components.
  • Any Listing content is accurate, complete, current, or free of errors.
  • Any Operator is licensed, insured, qualified, or competent to provide the listed Experience.
  • Any Experience will meet your expectations, standards, or requirements.
  • Any search results or recommendations will return accurate or complete results.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOKINSTEAD, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, ANY BOOKING, OR ANY EXPERIENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BookInstead’s total aggregate liability to you for any claim arising out of or related to these Terms or your use of the Platform shall not exceed the greater of:

  • The total amount paid by you to BookInstead in the twelve (12) months immediately preceding the event giving rise to the claim, or
  • One hundred dollars ($100.00).

The foregoing limitations apply regardless of the legal theory under which the claim is brought, whether in contract, tort, strict liability, or any other theory. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you to the extent prohibited by law.

BookInstead is not liable for the acts or omissions of any Operator, including personal injury, property damage, or death resulting from participation in any Experience. Guests assume all risks inherent in any Experience, to the extent permitted by applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless BookInstead, its members, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use of or access to the Platform, including any Booking made through the Platform.
  • Your violation of these Terms or any supplemental policy incorporated herein.
  • Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights.
  • Any User Content you submit to the Platform.
  • Your conduct during or in connection with any Experience, including any injury, damage, or harm caused to any person or property.
  • Any dispute between you and another User, including between a Guest and an Operator.

BookInstead reserves the right to assume exclusive control of any matter subject to indemnification by you, in which event you agree to cooperate fully with BookInstead’s defense of such matter and to not settle any claim without BookInstead’s prior written consent.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform informally. The aggrieved party must send written notice to the other party describing the dispute in reasonable detail and the relief sought. The parties will then attempt to negotiate in good faith for a period of thirty (30) calendar days.

15.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS SET FORTH IN SECTION 15.4.

Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will take place in Harris County, Texas, or by video conference if mutually agreed. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You may opt out of this arbitration agreement within thirty (30) days of first creating your BookInstead account by sending written notice to legal@bookinstead.com with the subject line “Arbitration Opt-Out.” Opting out does not affect any other provision of these Terms.

15.3 Class Action Waiver

YOU AND BOOKINSTEAD AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MASS ACTION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions to Arbitration

The following disputes are excluded from the binding arbitration requirement and may be brought in the appropriate court:

  • Claims for injunctive or equitable relief related to the unauthorized use of intellectual property.
  • Claims that are within the jurisdiction of a small claims court.
  • Any dispute where arbitration is prohibited by applicable law.

15.5 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. For any dispute not subject to arbitration under Section 15.4, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Harris County, Texas.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Cancellation and Refund Policy, and, for Operators, the Operator Terms of Service and Payment Terms Policy, constitute the entire agreement between you and BookInstead with respect to the subject matter herein and supersede all prior and contemporaneous agreements, understandings, negotiations, and representations, whether written or oral.

16.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed from these Terms. The remaining provisions shall continue in full force and effect.

16.3 Waiver

BookInstead’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

16.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without BookInstead’s prior written consent. BookInstead may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, with notice to affected users.

16.5 Force Majeure

BookInstead shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, power failures, internet outages, or other events beyond BookInstead’s reasonable anticipation and control.

16.6 Notices

All legal notices to BookInstead must be submitted in writing to legal@bookinstead.com. BookInstead may provide notices to you via the email address associated with your account or through an in-platform notification. Notices are deemed received: (a) if by email, upon transmission if no delivery failure is received; and (b) if by in-platform notification, upon display.

16.7 Language

These Terms are written in English. In the event of any conflict between an English version and a translated version of these Terms, the English version controls.

16.8 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

17. Contact Information

For general questions about these Terms or the Platform:

General Support: support@bookinstead.com

Legal Notices: legal@bookinstead.com

Copyright / DMCA: legal@bookinstead.com

Security Concerns: security@bookinstead.com

Operator Inquiries: operators@bookinstead.com

Website: www.bookinstead.com

Support Hours: Monday through Friday, 9:00 AM to 6:00 PM Central Time

BookInstead LLC is a Texas limited liability company. Our registered agent information is on file with the Texas Secretary of State.