Operator Terms of Service

IMPORTANT: THESE OPERATOR TERMS OF SERVICE (“OPERATOR TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “OPERATOR”) AND BOOKINSTEAD LLC. BY REGISTERING AN OPERATOR ACCOUNT, SUBMITTING A LISTING, OR ACCEPTING A BOOKING THROUGH THE PLATFORM, YOU AGREE TO BE FULLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT REGISTER AS AN OPERATOR.

1. Introduction and Nature of the Relationship

1.1 About BookInstead

BookInstead.com (“BookInstead,” “we,” “us,” or “our”) is an online marketplace operated by BookInstead LLC, a Texas limited liability company headquartered in Houston, Texas. The Platform connects Guests with independent operators offering tours, activities, experiences, adventures, and rentals (collectively, “Experiences”).

1.2 Independent Contractor Relationship

The relationship between BookInstead and each Operator is that of independent contractors. Nothing in these Operator Terms creates or implies an employment relationship, partnership, joint venture, franchise, agency, or fiduciary relationship between BookInstead and any Operator. Operators are solely responsible for their own business operations, employees, contractors, equipment, safety protocols, licenses, insurance, and tax obligations.

BookInstead does not control the manner or method by which Operators deliver Experiences. Operators set their own prices, schedules, and operational procedures, subject to the listing standards and platform policies described in these Operator Terms.

1.3 Marketplace Role Only

BookInstead acts solely as a marketplace intermediary that facilitates the connection between Operators and Guests and processes payments on behalf of Operators. BookInstead is not a party to any contract between an Operator and a Guest for the delivery of an Experience. Any contractual obligation arising from a confirmed Booking exists solely between the Operator and the Guest.

1.4 Acceptance of Operator Terms

These Operator Terms apply in addition to BookInstead’s general Terms of Service, Privacy Policy, Cookie Policy, Cancellation and Refund Policy, Listing Standards Policy, and Payment Terms Policy, all of which are incorporated herein by reference. In the event of a conflict between these Operator Terms and the general Terms of Service on a matter specific to Operators, these Operator Terms control.

2. Definitions

The following terms apply throughout these Operator Terms. Terms not defined here carry the meanings given in the general Terms of Service.

Term	Definition
Operator	Any individual, sole proprietor, partnership, corporation, LLC, or other legal entity registered on the Platform for the purpose of listing, marketing, and delivering Experiences to Guests.
Operator Account	The registered account on the Platform associated with an Operator, through which the Operator manages Listings, availability, bookings, payouts, and communications.
Listing	An Operator-created page on the Platform describing a specific Experience, including its title, description, photos, pricing, availability, inclusions, exclusions, requirements, and cancellation tier.
Experience	Any tour, activity, excursion, adventure, guided event, rental, or related service that an Operator offers to Guests through the Platform.
Booking	A confirmed, paid reservation made by a Guest for a specific Experience listed by the Operator.
Booking Value	The total amount paid by the Guest for the Experience, excluding the BookInstead Service Fee.
Commission	The percentage of the Booking Value retained by BookInstead as compensation for access to the Platform, booking technology, payment processing, and guest acquisition services. The applicable Commission rate is set forth in the Operator’s registration agreement and may be updated with thirty (30) days’ written notice.
Net Payout	The Booking Value minus the Commission and any applicable transaction fees, taxes withheld, or dispute-related holds.
Payout Schedule	The schedule on which BookInstead transfers Net Payouts to the Operator’s designated bank account, as described in Section 7.
Operator Dashboard	The administrative interface within the Operator Account through which the Operator manages Listings, availability calendars, booking requests, guest communications, and payout settings.
Operator Cancellation	A cancellation of a confirmed Booking initiated by the Operator for any reason.
Guest Cancellation	A cancellation of a confirmed Booking initiated by the Guest through the Platform’s self-service cancellation process.
Listing Standards	BookInstead’s requirements for the accuracy, completeness, and quality of Listing content, as set forth in the Listing Standards Policy.
Payout Hold	A temporary suspension of a Net Payout pending resolution of a dispute, investigation, or verification requirement.
Cancellation Tier	The cancellation and refund policy level selected by the Operator for a given Listing: Standard (24-hour window) or Extended (up to 7-day window), as displayed on the Listing.
Force Majeure Event	An event beyond the reasonable control of the Operator that prevents the Experience from being conducted as scheduled, as defined in the Cancellation and Refund Policy.
Material Misrepresentation	A significant, verifiable deviation between the content of a Listing and the actual Experience delivered, including false claims about location, inclusions, capacity, equipment, guide credentials, or activity type.
Confidential Information	Non-public business, financial, operational, or technical information disclosed by one party to the other in connection with the Operator’s use of the Platform, including pricing structures, Guest data, payout rates, and platform algorithms.

3. Operator Eligibility and Registration

3.1 Eligibility Requirements

To register as an Operator on the Platform, you must meet all of the following requirements at the time of registration and continuously throughout your use of the Platform:

You must be at least eighteen (18) years of age or, if a business entity, duly organized and in good standing under the laws of your jurisdiction of formation.
You must have the legal right to offer and fulfill the Experiences you intend to list, including all required licenses, permits, certifications, and regulatory approvals.
You must maintain all insurance coverage required by applicable law and by these Operator Terms at all times while you have active Listings on the Platform.
You must have a valid, active bank account capable of receiving electronic transfers in U.S. dollars for payout purposes.
You must provide a valid U.S. taxpayer identification number (TIN), Employer Identification Number (EIN), or Social Security Number (SSN) for tax reporting purposes.
You must not be prohibited from doing business with U.S.-based entities under any applicable sanctions, export controls, or government exclusion lists.
You must not have had an Operator Account previously terminated by BookInstead for cause.

3.2 Registration Process

To register an Operator Account, you must complete the following steps:

Submit the Operator registration form at bookinstead.com/operators/register, providing all required business information.
Upload proof of applicable business licenses, operating permits, and insurance documentation.
Complete identity verification through BookInstead’s designated third-party verification provider.
Provide your bank account information for payout purposes through BookInstead’s payout processor.
Provide your tax identification information for IRS Form 1099 reporting purposes.
Review and electronically accept these Operator Terms, the general Terms of Service, and all applicable supplemental policies.

BookInstead will review your application within five (5) to ten (10) business days and will notify you of approval or rejection by email. BookInstead reserves the right to request additional documentation and to reject any application at its sole discretion, without obligation to provide a reason.

3.3 Ongoing Compliance Obligation

Operator eligibility is not a one-time determination. You represent and warrant that you will maintain continuous compliance with all eligibility requirements throughout the term of your Operator Account. You must notify BookInstead within forty-eight (48) hours if any of the following occur:

Any required license, permit, or certification lapses, is revoked, or is suspended.
Your insurance coverage falls below the minimum required levels or is cancelled.
You become the subject of a government investigation, enforcement action, or legal proceeding related to your Experience business.
A change in ownership or control of your business entity occurs.
You become aware of any safety incident, injury, or death involving a Guest during one of your Experiences.

Failure to notify BookInstead of any of the above may result in immediate Listing suspension and account termination.

3.4 Account Accuracy

You are responsible for ensuring that all information in your Operator Account is accurate, complete, and current at all times. You must promptly update your account information when any details change, including your business address, contact information, bank account details, insurance documentation, and license numbers. Providing false or materially misleading account information is grounds for immediate account termination.

4. Listings — Standards, Requirements, and Management

4.1 Operator Responsibility for Listing Content

Operators are solely responsible for the accuracy, completeness, legality, and quality of all content published in their Listings. BookInstead provides the platform and listing tools but does not create, verify, or independently confirm the accuracy of Listing content unless specifically indicated. By publishing a Listing, the Operator warrants that all content is truthful, non-deceptive, and compliant with applicable law and BookInstead’s Listing Standards Policy.

4.2 Required Listing Elements

Every Listing must include the following elements at a minimum:

A clear, specific title that accurately describes the Experience type and location.
A detailed written description of the Experience, including all activities, itinerary elements, and what is included and excluded.
At least three (3) original, high-quality photographs that accurately represent the actual Experience being offered. Stock photos, AI-generated images, and images from other operators are prohibited.
Accurate pricing information, including the per-person or per-unit rate, any minimum or maximum group sizes, and the pricing basis (per person, per group, per vehicle, etc.).
A complete availability calendar that reflects actual availability. Operators must keep their availability calendar current and accurate at all times.
The Experience duration in hours and minutes.
The exact meeting location or a precise description of where Guests should arrive.
All age, health, fitness, weight, or skill requirements that apply to participation.
All items that Guests must bring or wear, including required safety equipment.
All items that the Operator provides, including safety equipment, transportation, food, beverages, and gear.
A clearly designated Cancellation Tier (Standard or Extended), which governs the refund terms presented to Guests at checkout.
Any waivers or liability release forms that Guests will be required to sign prior to participation, with links to the full text of those documents.
The Operator’s valid business license number, where publicly required to be disclosed.

4.3 Prohibited Listing Content

The following content is strictly prohibited in any Listing and will result in immediate removal and potential account suspension:

False, misleading, exaggerated, or deceptive descriptions, photos, or claims about the Experience.
Stock photography, AI-generated images, or images that do not represent the Operator’s actual Experience.
Pricing structures that differ from what is charged at checkout, including hidden fees not disclosed in the Listing.
Descriptions of activities, locations, or inclusions that the Operator does not actually provide.
Claims of certifications, credentials, awards, or affiliations that the Operator does not hold.
Contact information, website URLs, or social media handles intended to direct Guests to book off-platform.
Content that is discriminatory, offensive, sexually explicit, or threatening.
Content that advertises illegal activities or services.
Content that infringes any third party’s intellectual property, trademark, or copyright.

4.4 Listing Review and Approval

All new Listings are subject to review and approval by BookInstead before they are published on the Platform. BookInstead will review new Listings within three (3) to five (5) business days and will notify the Operator of approval or rejection by email. BookInstead may request revisions before approving a Listing. Approval of a Listing does not constitute BookInstead’s endorsement of the Operator or the Experience.

4.5 Listing Updates and Amendments

Operators may update their Listings at any time through the Operator Dashboard. However, the following rules apply to Listing updates:

Material changes to price, inclusions, meeting location, or cancellation tier will not apply to Bookings already confirmed prior to the update. Confirmed Bookings are governed by the Listing terms in effect at the time of booking.
Operators must notify BookInstead at operators@bookinstead.com before making any change that would materially affect Guest safety, Experience type, or core itinerary.
Price decreases applied after a Guest has booked do not entitle the Guest to a retroactive credit or refund.
Operators may not reduce their Cancellation Tier (e.g., from Extended to Standard) for Bookings already confirmed under the prior tier.

4.6 Pricing Standards

Operators have full discretion to set their own prices, subject to the following requirements:

All prices must be listed in U.S. dollars.
Prices must be complete and all-inclusive of all mandatory charges, except for applicable taxes, which must be separately disclosed.
Operators may not charge Guests additional fees at the time of the Experience that are not disclosed in the Listing. Undisclosed mandatory fees constitute a material breach of these Operator Terms.
Operators may offer promotional pricing, group discounts, or seasonal rates, provided these are accurately reflected in the Listing pricing structure.
Operators may not engage in price discrimination based on any protected characteristic, including race, religion, national origin, disability, gender, or sexual orientation.

5. Booking Management and Experience Fulfillment

5.1 Booking Acceptance

Operators who list Experiences on the Platform agree to accept all Bookings made through the Platform that meet the Listing’s stated requirements, including party size, age requirements, and other eligibility criteria. Operators may not selectively accept or reject Bookings based on the Guest’s race, ethnicity, religion, national origin, gender, sexual orientation, disability, or any other protected characteristic.

Operators may configure their Listings to require manual booking approval rather than instant confirmation, provided this setting is clearly disclosed on the Listing. If a manual-approval Listing receives a booking request, the Operator must respond within twenty-four (24) hours with either a confirmation or a declination. Failure to respond within 24 hours will result in automatic cancellation of the request with no penalty to the Guest.

5.2 Operator Obligations for Each Booking

For each confirmed Booking, the Operator agrees to:

Deliver the Experience as described in the Listing, including all stated inclusions, at the confirmed date, time, and location.
Provide all required safety briefings, equipment, and supervision as described in the Listing and as required by applicable law.
Ensure that all staff, guides, drivers, or other personnel involved in delivering the Experience hold any licenses, certifications, or training required by law.
Maintain all equipment used in the Experience in safe, properly maintained, and legally compliant condition.
Communicate with the Guest within twenty-four (24) hours of a confirmed Booking to confirm meeting details, parking instructions, or any pre-experience information.
Collect any required waivers or liability releases from Guests prior to commencing the Experience.
Contact BookInstead support immediately in the event of a safety incident, Guest injury, equipment failure, or any other event that prevents or materially affects the delivery of a confirmed Booking.

5.3 Capacity and Availability Management

Operators are responsible for maintaining accurate availability on their Listing calendar at all times. Operators must:

Update their availability calendar promptly whenever dates or time slots become unavailable due to weather, staffing, maintenance, other bookings, or any other reason.
Not accept Bookings beyond their stated maximum capacity.
Not list the same time slot on multiple platforms simultaneously if doing so creates a risk of double-booking. In the event of a double-booking, the Operator must immediately notify BookInstead and the affected Guest and must honor the BookInstead Booking or provide a full refund plus the applicable Guest protection credit as described in the Cancellation and Refund Policy.

5.4 Late Guests and No-Shows

Guests are required to arrive at the meeting location by the time specified in their Booking confirmation. Operators are not required to delay the start of an Experience for a late-arriving Guest. However, Operators must:

Contact BookInstead support within thirty (30) minutes of the scheduled start time if a Guest has not arrived and has not contacted the Operator.
Formally mark the booking as a Guest No-Show in the Operator Dashboard within two (2) hours of the scheduled start time. Failure to do so may result in a dispute that the Operator is required to respond to.
Not mark a Guest as a No-Show if the Operator was unable to be reached at the designated meeting location at the scheduled time.

5.5 Operator Conduct Toward Guests

Operators and their staff must treat all Guests with professionalism, courtesy, and respect. The following conduct is strictly prohibited and may result in immediate Listing suspension or account termination:

Harassment, discrimination, intimidation, or threatening behavior toward any Guest.
Soliciting Guests to complete future bookings off-platform or sharing contact information for purposes of off-platform sales.
Requesting or pressuring Guests for cash payments at the time of the Experience for services already covered by the Booking.
Retaliating against Guests for submitting negative reviews or filing complaints with BookInstead.
Making false, defamatory, or disparaging statements about Guests in responses to reviews or in communications with BookInstead.

6. Operator Cancellation Policy and Consequences

6.1 Operator Commitment to Honor Bookings

By accepting a Booking, the Operator makes a binding commitment to deliver the confirmed Experience. Operator cancellations are disruptive to Guests and damaging to the BookInstead platform’s reputation. BookInstead takes Operator cancellations seriously and enforces the consequences described in this section.

6.2 Qualifying Reasons for Operator Cancellation

Operators may cancel a confirmed Booking only for the following qualifying reasons:

A Force Majeure Event directly preventing the Experience from being safely conducted, as defined in the Cancellation and Refund Policy.
A confirmed safety hazard at the Experience location or involving required equipment that cannot be resolved before the Experience Start Time.
A Guest’s failure to meet the stated eligibility requirements (age, weight, health, fitness), where the Operator was not and could not have been aware of the deficiency at the time of Booking.
A Guest’s conduct in a prior booking with the same Operator that resulted in documented safety or conduct violations.
A government-issued order, permit revocation, or official closure of the Experience location.

Cancellations due to low booking volume, staffing shortages, scheduling conflicts, equipment maintenance that could have been anticipated, personal events, or business financial reasons do NOT qualify as Force Majeure Events and are subject to the full consequences described in Section 6.3.

6.3 Consequences of Non-Qualifying Operator Cancellations

An Operator-initiated cancellation that does not meet the qualifying criteria in Section 6.2 will result in the following consequences:

Cancellation Notice Period	Consequence
7+ days before Experience Start Time	Written warning issued to Operator. No financial penalty for first occurrence within a 12-month period.
24 hours to 7 days before Experience Start Time	Written warning + $25 platform fee deducted from next payout. Listing visibility may be reduced.
Less than 24 hours before Experience Start Time	$50 platform fee deducted from next payout + temporary listing visibility reduction. Guest receives full refund and $10 courtesy credit funded by BookInstead, recoverable from Operator.
Day-of cancellation (within 2 hours of start)	$75 platform fee + mandatory 30-day listing review period. Operator must submit corrective action plan.

6.4 Repeat Cancellation Thresholds

Operators who accumulate cancellations exceeding the following thresholds within a rolling 90-calendar-day period will be subject to escalating consequences:

Threshold	Consequence
3 non-qualifying cancellations in 90 days	Mandatory listing review. All new Bookings placed on hold pending review completion.
5 non-qualifying cancellations in 90 days	Temporary listing suspension for 30 days. Operator must submit and receive approval of a written corrective action plan before reinstatement.
7+ non-qualifying cancellations in 90 days	Permanent account suspension. All pending payouts subject to review and hold. No reinstatement.

6.5 How to Cancel a Booking

To cancel a confirmed Booking, the Operator must:

Log into the Operator Dashboard.
Navigate to “Upcoming Bookings” and select the relevant Booking.
Click “Cancel Booking” and select the qualifying reason from the dropdown menu.
If canceling due to a Force Majeure Event or safety hazard, upload supporting documentation in the cancellation form.
Submit the cancellation. BookInstead will notify the Guest automatically and initiate the applicable refund within one (1) business day.

Operators must not contact Guests directly to cancel a Booking outside of the Operator Dashboard. All cancellations must be processed through the platform to ensure accurate timestamps, refund processing, and compliance tracking.

6.6 Guest Cancellations

Guest cancellations are governed by the BookInstead Cancellation and Refund Policy. Operators do not have the authority to override the applicable cancellation tier or offer refund terms to Guests that differ from those displayed on the Listing. Any Operator-initiated refund arrangements made outside of the BookInstead platform are not enforceable against BookInstead and create no obligation for BookInstead to facilitate or honor such arrangements.

7. Commission, Fees, and Operator Payouts

7.1 Commission Structure

In exchange for access to the Platform, booking technology, payment processing, fraud protection, and guest acquisition services, BookInstead retains a Commission on each completed Booking. The Commission rate applicable to your account is disclosed in your Operator registration agreement. Commission rates may vary by Experience category, booking volume tier, or promotional arrangements.

BookInstead reserves the right to adjust Commission rates with thirty (30) calendar days’ written notice to the Operator. If an Operator does not accept the new Commission rate, the Operator may terminate their account in accordance with Section 15. Continued use of the Platform after the effective date of a Commission change constitutes acceptance of the new rate.

7.2 Payout Calculation

The Net Payout for each completed Booking is calculated as follows:

Net Payout = Booking Value − Commission − Payment Processing Fee (if applicable) − Any Payout Holds or Deductions

The Booking Value is the amount the Guest paid for the Experience, excluding the BookInstead Service Fee (which is retained entirely by BookInstead). Payment processing fees, where applicable, are passed through at cost and disclosed in the Operator Dashboard.

7.3 Payout Schedule

Net Payouts are processed on the following schedule:

Standard Payout: Net Payouts for completed Experiences are initiated within three (3) business days of the confirmed Experience completion date.
New Operator Payout Hold: For the first sixty (60) days of a new Operator’s account, all payouts are subject to a seven (7) business day hold period to allow for dispute resolution. This hold period may be reduced at BookInstead’s discretion based on Operator performance.
Disputed Booking Hold: Net Payouts associated with a Booking under active dispute are held until the dispute is resolved by BookInstead’s Resolution Team.
Investigation Hold: All payouts for an Operator account under fraud investigation, policy review, or legal proceeding are suspended until the investigation is resolved.

Payouts are transferred to the bank account provided during Operator registration via ACH transfer. Operators are responsible for providing accurate bank account information and for notifying BookInstead immediately of any bank account changes. BookInstead is not liable for failed or misdirected payouts resulting from incorrect bank account information provided by the Operator.

7.4 Payout Deductions

BookInstead may deduct the following amounts from an Operator’s Net Payout or from a subsequent payout where the relevant booking’s payout has already been disbursed:

Guest refunds issued by BookInstead for disputes resolved in the Guest’s favor, including Material Misrepresentation claims.
Operator Cancellation fees as described in Section 6.3.
Chargeback amounts and associated processing fees for chargebacks filed by Guests against the Operator’s Bookings.
Any Guest Courtesy Credits funded by BookInstead on behalf of the Operator due to an Operator-initiated cancellation.
Any overpayments resulting from a system or processing error.

BookInstead will provide written notice of any payout deduction, including the basis and amount, via email and in the Operator Dashboard. If an Operator believes a deduction is incorrect, they may contest it by contacting operators@bookinstead.com within fourteen (14) calendar days of the deduction notice.

7.5 Taxes and Tax Reporting

Operators are solely responsible for determining, collecting, reporting, and remitting all applicable taxes related to their Experiences, including sales tax, tourism tax, use tax, self-employment tax, and income tax. BookInstead may collect and remit certain taxes where required by law and will notify Operators accordingly.

Operators who receive $600 or more in Net Payouts in a calendar year will receive IRS Form 1099-K or 1099-NEC from BookInstead’s payment processor in accordance with applicable tax reporting requirements. Operators must provide accurate taxpayer identification information and must update it promptly if it changes. Failure to provide valid tax information may result in backup withholding as required by law.

8. Insurance Requirements and Licensing Obligations

8.1 Minimum Insurance Requirements

All Operators must maintain the following minimum insurance coverage at all times while they have active Listings on the Platform. Proof of insurance must be provided during registration and must be updated within five (5) business days of any policy renewal or change:

Coverage Type	Per Occurrence Minimum	Aggregate Minimum	Required For
Commercial General Liability	$1,000,000	$2,000,000	All Operators
Commercial Auto Liability	$1,000,000 combined single limit	N/A	Operators using vehicles to transport Guests
Watercraft / Marine Liability	$1,000,000	$2,000,000	Operators conducting water-based activities
Aviation Liability	$1,000,000 per seat	As required by FAA	Operators conducting aerial activities
Professional Liability (E&O)	$500,000	$1,000,000	Guide, instructor, or advisory services
Workers Compensation	Statutory limits	Statutory limits	Operators with employees (where required by law)

Insurance policies must: (a) be issued by a carrier licensed to do business in the Operator’s state; (b) name BookInstead LLC as an additional insured on the Commercial General Liability policy; and (c) provide for at least thirty (30) days’ written notice to BookInstead of cancellation or material change.

8.2 Licensing and Permit Requirements

Operators are solely responsible for obtaining and maintaining all licenses, permits, certifications, and regulatory approvals required to legally offer their Experiences. These may include, depending on Experience type:

State or local business operating licenses.
Tour operator, outfitter, or guide licenses issued by state or local tourism, parks, or wildlife agencies.
U.S. Coast Guard licenses or credentials for water-based Experiences.
FAA certifications for aerial Experiences.
DEA, ATF, or other federal permits for regulated activities.
ADA accessibility accommodations where required.
Food handler permits for Experiences that include meals or beverages.
Any additional permits required for operation on federal, state, or private land.

BookInstead does not verify the ongoing validity of Operator licenses and is not responsible for any consequences resulting from an Operator’s failure to maintain required licenses. Operators who list Experiences without required licenses or permits are in material breach of these Operator Terms.

8.3 Safety Standards

Operators must comply with all applicable safety laws, regulations, and industry standards for their Experience type. This includes but is not limited to:

Conducting pre-activity equipment inspections.
Providing Guests with properly fitting, industry-standard safety equipment (helmets, life jackets, harnesses, etc.) as required.
Following all manufacturer guidelines for equipment use and maintenance.
Maintaining current first aid training or certification for at least one on-site staff member at all times during an Experience.
Conducting weather and conditions assessments before each Experience and canceling or modifying the Experience when conditions create unreasonable safety risks.
Maintaining an emergency response plan and ensuring all staff are trained on it.

9. Guest Data, Privacy, and Confidentiality

9.1 Permitted Use of Guest Data

BookInstead shares Guest personal information with Operators solely to enable the fulfillment of confirmed Bookings, as described in the BookInstead Privacy Policy. Operators may use Guest information received through the Platform only for the following purposes:

Coordinating logistics, meeting details, and pre-experience instructions for the confirmed Booking.
Verifying Guest eligibility requirements disclosed in the Listing.
Contacting the Guest in the event of a safety incident, cancellation, or significant operational change affecting a confirmed Booking.
Responding to a Guest review published on the Platform.

9.2 Prohibited Use of Guest Data

Operators are strictly prohibited from using Guest personal information for any of the following purposes:

Sending unsolicited marketing, promotional, or commercial communications to Guests.
Selling, renting, licensing, or otherwise transferring Guest data to any third party.
Contacting Guests for the purpose of soliciting off-platform bookings or payments.
Using Guest data in any way that violates applicable privacy law, including the CCPA, GDPR, or CAN-SPAM Act.
Retaining Guest data beyond the period reasonably necessary to fulfill the Booking and comply with legal obligations.

Violation of Section 9.2 constitutes a material breach of these Operator Terms and may result in immediate account termination, financial liability, and referral to applicable regulatory authorities.

9.3 Operator Data Security

Operators who receive Guest personal information must implement and maintain reasonable technical and organizational security measures to protect that data against unauthorized access, disclosure, or loss. These measures must be at least equivalent to industry-standard practices for businesses of the Operator’s type and size.

9.4 Confidentiality of Platform Information

Operators agree to maintain the confidentiality of all non-public information they receive from or through BookInstead, including but not limited to: Commission rates, payout calculations, Guest data, platform algorithms, internal policies, and any information disclosed during dispute resolution proceedings. Confidential Information may not be disclosed to any third party without BookInstead’s prior written consent.

10. Intellectual Property

10.1 Operator License to BookInstead

By submitting Listing content to the Platform, including descriptions, photographs, videos, logos, and other materials, the Operator grants BookInstead a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, display, reproduce, modify, resize, and distribute that content in connection with operating and promoting the Platform, including in marketing materials, social media, email campaigns, and partner integrations.

This license survives termination of the Operator Account to the extent necessary to maintain the integrity of existing Guest reviews and records. BookInstead will remove active Listing content within a reasonable period following account termination.

10.2 Operator Representations Regarding Content

By submitting Listing content, the Operator represents and warrants that:

The Operator owns or has obtained all necessary rights, licenses, and permissions to submit the content.
The content does not infringe any third party’s copyright, trademark, trade secret, privacy right, or right of publicity.
The content does not contain any material that is defamatory, obscene, harassing, or otherwise unlawful.
The content is accurate and does not misrepresent the Experience being offered.

10.3 BookInstead’s Intellectual Property

All Platform technology, software, algorithms, design elements, trademarks, service marks, trade names, and proprietary content owned by or licensed to BookInstead are the exclusive property of BookInstead LLC. Operators are granted no rights in BookInstead’s intellectual property beyond a limited, revocable, non-transferable license to use the Platform as contemplated by these Operator Terms. Operators may not use BookInstead’s name, logo, or trademarks in marketing materials, social media, or any other context without prior written consent from BookInstead.

10.4 Feedback

If the Operator provides BookInstead with any suggestions, ideas, feedback, or improvements regarding the Platform (“Feedback”), the Operator grants BookInstead a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize that Feedback without any obligation of compensation, attribution, or confidentiality.

11. Representations and Warranties

By registering as an Operator and maintaining an active account on the Platform, you represent and warrant to BookInstead, on a continuing basis, that:

You have full legal authority to enter into these Operator Terms and to perform all obligations set forth herein.
If you are a business entity, you are duly organized, validly existing, and in good standing under the laws of your jurisdiction of formation.
All information provided to BookInstead in connection with your Operator Account is and will remain true, accurate, current, and complete.
You hold and will continuously maintain all licenses, permits, certifications, and insurance required to legally offer and fulfill the Experiences you list.
All Listing content you submit is accurate, non-deceptive, and compliant with applicable law.
You have obtained all necessary rights and permissions to use any third-party content, intellectual property, or locations featured in your Listings.
Your Experiences do not and will not involve any illegal activities, prohibited substances, or activities that pose unreasonable risk of serious injury or death to Guests.
You will comply with all applicable federal, state, local, and international laws in connection with your use of the Platform and the delivery of your Experiences.
You will not use the Platform to engage in any fraudulent, deceptive, manipulative, or abusive conduct.
You understand and accept that BookInstead is acting solely as a marketplace intermediary and that BookInstead has no responsibility for your business operations, safety practices, or compliance with law.

12. Indemnification

You agree to defend, indemnify, and hold harmless BookInstead LLC, its members, managers, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your use of or access to the Platform, including any Listing you submit or Booking you accept.
Your delivery of, failure to deliver, or negligent delivery of any Experience.
Any personal injury, property damage, illness, or death occurring during or in connection with any Experience you offer.
Your violation of these Operator Terms, the general Terms of Service, or any supplemental policy.
Your violation of any applicable law, regulation, permit requirement, or licensing obligation.
Any claim that your Listing content infringes a third party’s intellectual property, privacy, or other proprietary rights.
Any Guest dispute arising from your alleged Material Misrepresentation, failure to fulfill a Booking, or breach of your obligations under these terms.
Any tax liability, penalty, or obligation arising from your use of the Platform or receipt of payouts.
Any act or omission of your employees, contractors, guides, or agents in connection with an Experience.

BookInstead reserves the right to assume exclusive control of any indemnified matter, in which event you agree to cooperate fully with BookInstead’s defense and to not settle any claim without BookInstead’s prior written consent. You will not assert any indemnification claim against BookInstead for matters you are required to indemnify BookInstead for under this section.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOKINSTEAD SHALL NOT BE LIABLE TO ANY OPERATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BOOKINGS, OR DAMAGE TO BUSINESS REPUTATION, ARISING OUT OF OR IN CONNECTION WITH THESE OPERATOR TERMS OR THE OPERATOR’S USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BookInstead’s total aggregate liability to any Operator for any claim arising under these Operator Terms shall not exceed the total Net Payouts disbursed to that Operator by BookInstead in the ninety (90) calendar days immediately preceding the event giving rise to the claim.

BookInstead is not liable for:

Lost bookings, revenue, or business opportunities resulting from Platform downtime, technical errors, or listing visibility changes.
Disputes initiated by Guests that result in refunds or credits, where BookInstead acted in good faith in accordance with its Cancellation and Refund Policy.
Chargebacks filed by Guests where the Operator failed to deliver the Experience as described.
Acts or omissions of third-party payment processors, payout providers, or other service providers.
Changes to Commission rates, payout schedules, or Platform policies made in accordance with the notice requirements in these Operator Terms.

14. Reviews, Ratings, and Operator Responses

14.1 Guest Reviews

Guests who have completed a confirmed Booking are eligible to submit a public review and star rating of the Experience. Operators acknowledge and agree that:

BookInstead has no obligation to remove negative reviews that comply with its Review Policy, even if the Operator disputes the content.
Reviews are the opinions of individual Guests and do not represent the views or endorsement of BookInstead.
An overall rating below BookInstead’s minimum quality threshold may result in reduced listing visibility or, after notice and opportunity to cure, listing suspension.

14.2 Operator Responses to Reviews

Operators may submit a written response to any Guest review through the Operator Dashboard. Responses must:

Be professional, factual, and respectful in tone.
Not contain personal attacks, defamatory statements, or threats directed at the Guest.
Not disclose the Guest’s personal information.
Not contain promotional language or links to external websites.

BookInstead reserves the right to remove or edit Operator responses that violate these standards.

14.3 Review Manipulation Prohibition

Operators are strictly prohibited from:

Offering compensation, discounts, upgrades, or any incentive in exchange for a positive review.
Threatening, pressuring, or retaliating against Guests for submitting negative reviews.
Submitting fake reviews for their own Listings through third-party accounts.
Soliciting friends, family members, or associates to submit reviews without disclosing the relationship.

Review manipulation is a serious violation of these Operator Terms and may result in immediate account termination and referral to applicable consumer protection authorities.

15. Term, Suspension, and Termination

15.1 Term

These Operator Terms commence on the date the Operator’s account is approved and continue until terminated by either party in accordance with this section.

15.2 Termination by the Operator

An Operator may terminate their account at any time by:

Removing all active Listings from the Platform.
Fulfilling or canceling all confirmed Bookings with future Experience dates.
Contacting BookInstead at operators@bookinstead.com to formally request account closure.

BookInstead will process the account closure and issue any remaining Net Payouts within fourteen (14) business days of confirming that all outstanding Bookings and disputes have been resolved. Termination by the Operator does not relieve the Operator of any obligations that accrued prior to termination.

15.3 Termination or Suspension by BookInstead

BookInstead may suspend or terminate an Operator Account, with or without prior notice, for any of the following reasons:

Material breach of these Operator Terms or any supplemental policy that is not cured within fourteen (14) calendar days of written notice (or immediately, for breaches posing a safety risk or involving fraud).
Failure to maintain required licenses or insurance coverage.
Accumulation of non-qualifying cancellations exceeding the thresholds in Section 6.4.
A pattern of Guest complaints, disputes, or low ratings indicating a systemic failure to deliver Experiences as described.
Fraudulent, deceptive, or abusive conduct on or off the Platform.
Violation of Guest data privacy obligations under Section 9.
Any conduct that, in BookInstead’s reasonable judgment, poses a risk to the safety, reputation, or legal compliance of the Platform.

Upon termination for cause, BookInstead may: (a) withhold all pending Net Payouts for up to ninety (90) days pending resolution of open disputes and chargebacks; and (b) permanently ban the Operator from the Platform. Termination for cause does not relieve the Operator of any indemnification obligations under Section 12.

15.4 Effect of Termination

Upon termination of an Operator Account, regardless of the initiating party:

All active Listings will be removed from the Platform.
Guests with confirmed Bookings for future Experience dates will be notified and refunded in accordance with the Cancellation and Refund Policy.
The Operator’s license to use the Platform is immediately revoked.
Provisions of these Operator Terms that by their nature should survive termination will do so, including Sections 9 (Guest Data), 10 (Intellectual Property), 11 (Representations and Warranties), 12 (Indemnification), 13 (Limitation of Liability), and 16 (Dispute Resolution).

16. Dispute Resolution

16.1 Guest Disputes

When a Guest files a dispute related to a Booking with an Operator, BookInstead’s Resolution Team will review the matter in accordance with the Cancellation and Refund Policy. Operators are required to:

Respond to any dispute notification from BookInstead within forty-eight (48) hours, providing all relevant facts, documentation, photos, communications, and other evidence.
Cooperate fully and honestly with BookInstead’s Resolution Team throughout the dispute process.
Accept the Resolution Team’s decision as final and binding, subject to the Operator’s right to contest payout deductions under Section 7.4.

Operators who fail to respond to a dispute notification within 48 hours forfeit their right to contest the dispute outcome. BookInstead will resolve the dispute based on available evidence, which may result in a full refund to the Guest and a corresponding payout deduction from the Operator.

16.2 Operator Disputes with BookInstead

For disputes between an Operator and BookInstead regarding payout calculations, deductions, Commission rates, or policy interpretations, the Operator must first attempt to resolve the matter informally by contacting operators@bookinstead.com. If informal resolution fails within thirty (30) days, disputes will be resolved by binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules in Harris County, Texas.

Class action and collective proceedings are not permitted. The Operator agrees to bring any claim against BookInstead solely in its individual capacity.

16.3 Governing Law

These Operator Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any legal proceeding not subject to arbitration shall be brought exclusively in the state or federal courts of Harris County, Texas.

17. General Provisions

17.1 Entire Agreement

These Operator Terms, together with the BookInstead Terms of Service, Privacy Policy, Cookie Policy, Cancellation and Refund Policy, Listing Standards Policy, and Payment Terms Policy, constitute the entire agreement between the Operator and BookInstead with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

17.2 Amendments

BookInstead may modify these Operator Terms at any time with thirty (30) calendar days’ written notice to Operators. Continued use of the Platform after the effective date of any modification constitutes acceptance. If an Operator does not accept a modification, the Operator must terminate their account before the effective date.

17.3 Assignment

Operators may not assign, transfer, or sublicense any rights or obligations under these Operator Terms without BookInstead’s prior written consent. BookInstead may freely assign these terms in connection with a merger, acquisition, or asset sale.

17.4 Severability

If any provision of these Operator Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force.

17.5 Waiver

BookInstead’s failure to enforce any provision of these Operator Terms shall not constitute a waiver of its right to enforce that provision at a later time.

17.6 Force Majeure

Neither party will be in breach of these Operator Terms for any delay or failure resulting from events beyond their reasonable control, including natural disasters, government orders, or internet infrastructure failures.

17.7 Notices

All formal notices to BookInstead from Operators must be sent to operators@bookinstead.com. Notices to Operators will be sent to the email address registered in the Operator Account. Notices are effective upon confirmed delivery.

18. Contact Information

For all Operator account matters, questions about these terms, or policy inquiries:

Operator Support: operators@bookinstead.com

Payout Inquiries: payouts@bookinstead.com

Legal Notices: legal@bookinstead.com

Dispute Submissions: disputes@bookinstead.com

Insurance & Licensing: compliance@bookinstead.com

Website: www.bookinstead.com/operators

Response Time: BookInstead aims to respond to all Operator inquiries within 1 business day during operating hours (Monday to Friday, 9:00 AM to 6:00 PM Central Time).