ONEPORT Event Tech LLC (“ONEPORT”) is a limited liability company with registered office at 16192 COASTAL HWY, LEWES, Sussex, DE19958, USA.

Registration as a Tour Provider on www.oneport.app (“the Website”) and the use of the Website is confirmation that you, the Tour Provider, have read, understood, and accept the following terms and conditions and Privacy Policy (“the Agreement”).

The Agreement may be updated periodically, and the latest version published on the Website’s legal page will be valid with immediate effect and replace all previous versions. ONEPORT reserves the right to update the Agreement without warning.

Continued use of the website after the Agreement has been updated is confirmation that you, the Tour Provider, have read, understood, and accept the latest version of the Agreement.
Reservations made before the Agreement has been updated for tour departures taking place after the Agreement has been updated will be subject to the latest Agreement.

Services
ONEPORT is a software and marketing company focused on the free walking tour industry.

ONEPORT offers the Tour Provider to upload their schedules of tour departures for different free walking Tour Versions (see the Section “Terminology” for further details), in different languages, in different cities globally.

ONEPORT will then promote the tour departures of the Tour Provider and charge the Tour Provider a marketing fee to do so (see the section “Marketing fee, Bidding and No-shows” for further details).

ONEPORT will not necessarily promote tours on the Website but instead seek to promote and aggregate reservations for the Tour Provider’s tour departures across many different promotion channels.

The Tour Provider will only have to keep its schedule and related data such as available capacity up to date on the Website. ONEPORT will update the schedule, available capacity and similar everywhere ONEPORT promotes the Tour Provider’s tour departures.

Marketing fee, Bidding and No-shows
By registering as a Tour Provider on the Website the Tour Provider confirms that it wants ONEPORT to promote its tour departures and is willing to pay ONEPORT the marketing fee as described below for ONEPORT to do so.

ONEPORT will charge the Tour Provider a marketing fee to promote the Tour Provider’s tour departures. The marketing fee will be based on the Tour Provider’s unique bid per person showing up (“Bid”) for its tour departures.

The Tour Provider will on the Website be able to enter a Bid per person showing up for the Tour Provider’s tour departures. It will be possible for the Tour Provider to differentiate the Bid for each city, Tour Version and language.

ONEPORT retains the right to set a minimum bid and to differentiate the minimum bid for each city, Tour Version and language.

When a reservation is made for one of the tour departures of the Tour Provider a charge is generated on the Billing Log. The change will be based on the number of people reserved multiplied by the Tour Provider’s Bid for the relevant city, Tour Version and language.
If all tour guests on a relevant reservation does not show up for the Tour Provider’s tour departure, the Tour Provider may within 72 hours of the starting time of the relevant tour departure report the reservation as a No-show. If a No-show is reported a negative charge corresponding to the initial charge for the reservation will be generated on the Billing Log. If the deadline of 72 hours is surpassed the Tour Provider loses the right to report the reservation as a No-show.

The Tour Provider confirms that it understands and agrees that reporting incorrect No-show data is fraudulent behaviour, and that if it were to happen ONEPORT can take legal action.

Cancellations of Reservations and Tour Departures

The cancellation of reservations and tour departures by the Tour Provider is strongly discouraged as it leads to a degraded tour guest experience, it can however at times be necessary.

If a reservation is cancelled by the tour guest or ONEPORT a negative charge corresponding to the initial charge for the reservation will be generated on the Billing Log. ONEPORT reserves the right to cancel any reservation without warning or reason until the relevant tour departure starting time.
The Tour Provider can cancel individual reservations, but this will not generate a negative charge corresponding to the initial charge for the reservation on the Billing Log. The Tour Provider may not report the relevant reservation as a No-show.
The Tour Provider can cancel a tour departure but if it has existing reservations this will not generate negative charges on the Billing Log, corresponding to the initial charges on the Billing Log when the relevant reservations were made. The Tour Provider may not report the relevant reservations as No-shows.

Two reasons among others no negative charges are generated on the billing log in the above-mentioned situations, is that ONEPORT will already have incurred costs to attract the tour guests, and to discourage the Tour Provider from cancelling reservations as it leads to a degraded tour guest experience.

Invoicing and Payment
The Tour Provider must on the Website enter its payment card details. When an invoice is issued ONEPORT will almost instantly automatically charge the payment card.
ONEPORT’s invoicing is credit based. When the Tour Provider receives its first reservation an invoice of USD 200 Credit will be issued. When the Tour Provider’s credit balance becomes negative a new invoice of USD 200 Credit will be issued. Credit with ONEPORT cannot be refunded, but will not expire, unless the Tour Provider’s account has been anonymized.
It is possible for the Tour Provider via the Billing Log on the Website to track its Credit Balance and the development thereof.
If payment is unsuccessful when ONEPORT attempts to charge the payment card of the Tour Provider, ONEPPORT will attempt to charge the payment card of the Tour Provider each 48 hours until payment is successful or a total or 3-5 payment attempts have been made. If 3-5 payment attempts have been made unsuccessfully the Tour Provider will no longer be able to receive further reservations until all outstanding invoices have been paid. The Tour Provider will via the website be able to initiate a manual charge on its card, when the Tour Provider have brought its financial affairs in order, such that any unpaid invoices can be settled. The Tour Provider will also be able to update their payment card details and initiate a manual charge on the new payment card. To again be able to receive new reservations the Tour Provider must make sure to initiate a manual charge for the outstanding invoice(s) and make sure that payment(s) is successful.
The Tour Provider confirms it gives ONEPORT the authority to charge its payment card as described above.
Claims ONEPORT have on the Tour Provider will never expire and the Tour Provider confirms ONEPORT is allowed to take any legal action needed for the Tour Provider to settles any outstanding invoices.

Tour Versions and Schedule
ONEPORT will define a number of different Tour Versions it will promote in each city and language. To accommodate many different Tour Providers ONEPORT will create generic descriptions of the Tour Versions which will be used to promote tour departures of different Tour Providers to potential tour guests. ONEPORT will disclose to the tour guests that the tour departures they make reservations for will deviate from the generic descriptions but broadly be similar. Tour guests will know which specific tour provider they are reserving with before finalizing their reservation.

For quality assurance the Tour Provider is by default restricted from uploading tour departure schedules for the different Tour Versions. If the Tour Provider has tour departures that fits within one of the Tour Versions defined by ONEPORT and wants to upload their tour departure schedule the Tour Provider must ask ONEPORT to remove the restriction. ONEPORT reserves the right to request information signifying that the tour departure of the Tour Provider does indeed fit within the relevant Tour Version and is of an acceptable quality. ONEPORT reserves the right to reject the Tour Provider’s request to remove a Tour Version restriction and the right to reimpose any Tour Version restriction for any reason without providing an explanation.
It is all times the Tour Provider’s responsibility to make sure their tour departure fits the relevant Tour Version.
If the tour departures of the Tour Provider do not fit any of the exciting Tour Versions well, the tour provider may suggest to ONEPORT to create a new Tour Version, but ONEPORT makes no commitment to do so.

Reservation Restrictions

For each city, Tour Version, and language the Tour Provider can set a standard for the maximum number of reserved people per tour departure and the maximum number of reserved people per reservation.
The Tour Provider will have the option to overwrite the standard setting for each Schedule it creates for each city, Tour Version, and language. A Schedule is a series of tour departures of a specific Tour Version and language in a specific city in a specific date interval.

The Tour Provider can also restrict a specific tour departure from receiving any additional reservations.

Promotion Channels

ONEPORT will not necessarily promote tours on the Website but instead seek to promote and aggregate reservations for the Tour Provider’s tour departures across many different promotion channels.

The Tour Provider confirms that it gives ONEPORT the authority to promote its tour departures through any promotion channel ONEPORT sees fit.

Which Tour Departures are Promoted?
Not all tour departures of all Tour Providers will be promoted at all times. Generally, for each time slot the tour departures with the highest Score will be promoted. The Score can be impacted by a number of factors:
☐ The bid per person showing up the Tour Provider is bidding for the specific city, Tour Version, and language.
☐ The average historical show-up rate the Tour Provider have reported.
☐ The historical review score the Tour Provider have achieved.
☐ Other factors as judged by ONEPORT.
ONEPORT reserves the right to keep the algorithm used to calculate the Score proprietary, update the algorithm and to use discretionary judgement in calculation and adjustment of the Score.
ONEPORT will seek to provide a reasonable warning period to the Tour Provider before making changes that will significantly alter the Score calculation but makes no firm commitment to do so.

Tour Provider Profile and Reservation Email Texts
When a Tour Provider register on the website it is asked to complete a profile and must do so with truthfulness and professionalism. The Tour Provider must make sure the information is correct and at all-times current.
The information in the profile may be available for tour guests to review through all promotion channels ONEPORT promotes the Tour Provider’s tour departures through.
The Tour Provider confirms that it gives ONEPORT the authority to share this information wherever ONEPORT promotes the Tour Provider’s tour departures and with other relevant persons and entities.
In every reservation confirmation email to tour guests a message from the Tour Provider will be included. This gives the Tour Provider the chance to include relevant information for the tour guest. The Tour Provider must upload a suitable message for every city, Tour Version and language where it has had Tour Version restriction removed. The Tour Provider must make sure the information is correct, thorough and at all-times current.
In this message the Tour Provider must include relevant information for the tour guests to easily be able identify the guide at the tour departure starting point.
The Tour Provider must also include a relevant phone and WhatsApp number, where tour guests can contact the Tour Provider if for example the tour guest cannot identify the guide at the tour departure starting point.
The Tour Provider confirms that it gives ONEPORT the authority to share this information with tour guests and other relevant persons and entities.

Reviews

When tour guests have made a reservation for a tour departure, they will have the option to make a review. Reviews made by tour guests is the property of ONEPORT, and ONEPORT reserves the right to use these reviews for any purpose and any length of time it chooses, including if the Tour Provider’s account has been anonymized.
If the Tour Provider after its account has been anonymized elect to register as a Tour Provider again ONEPORTS may elect to associate previous reviews with the Tour Provider’s new account.

Reviews regarding the Tour Provider may be associated with the Tour Provider and publicly available through any channel ONEPORT chooses.

The Tour Provider may ask ONEPORT to disregard a review, if the Tour Provider is of the opinion that a specific review is unjust. ONEPORT may elect to review the situation and ask the Tour Provider to provide supporting evidence of the specific situation, which the Tour Provider must if asked supply within 24 hours. ONEPORT reserves the right to retain or delete any review it chooses.

The Tour Provider confirms it gives ONEPORT the authority to use tour guest reviews regarding its tour departures as described above.

Quality of Tour Experience, Complaints and Poor reviews

The Tour Provider confirms that it will use all its professionally expertise and attention to provide a high-quality tour experience for tour guests.

Communication with tour guests before, during and after a tour departure is considered part of the tour experience, and must be timely, professional, attentive, and respectful.

Ease of identifying the guide for the tour guest at the tour departure starting point is considered part of the tour experience, and the Tour Provider must make sure they are easily identifiable for tour guests at the tour departure starting point. ONEPORT suggests that the Tour Provider wait at least 10 minutes after the tour departure starting time before leaving the tour departure starting point, as tour guests often run slightly late.

In case the Tour Provider received poor reviews or ONEPORT received a complaint regarding the Tour Provider and its tour experience or similar ONEPORT may elect to review the situation.

The Tour Provider must if reasonable request is made by ONEPORT provide supporting evidence regarding a specific situation (within 24 Hours) or in general abouts its tour experience (withing 72 hours) to allow ONEPORT to better judge a specific situation or the overall quality of the Tour Provider’s tour experience. The Tour Provider should see this as an opportunity to provide counter arguments to poor reviews and complaints, to give ONEPORT the best opportunity to judge the situation(s) in a just manner.

If ONEPORT finds that the quality of the Tour Provider’s tour experience is not of a high enough standard, and/or if poor reviews or complaints are found to be just and of a serious character ONEPORT may elect to exclude the Tour Provider from using ONEPORT’s services at its discretion without warning or explanation.

Communication with ONEPORT and Tour Guests

The primary communication channel between ONEPORT and the Tour Provider shall be the internal messaging system on the website. The Tour Provider commits to responding to messages from ONEPORT in a timely, professional, attentive, and respectful manner.

The Tour Provider commits to responding to messages from tour guests in a timely, professional, attentive, and respectful manner.

Communication between the Tour Provider and tour guests shall be through the internal messaging system on the website, such that it is easy for both tour guest and the Tour Provider to keep track of communication. If tour guests reach out to the Tour Provider through the supplied, Phone and WhatsApp number, the Tour Provider may judge the best channel of reply.

Please see the section “Data Protection of Tour Guests Data” for further details.

Data Protection of Tour Guests Data
The Tour Provider may have access to the name, email, and phone number as well as reservation details of each person who have made a reservation for one of its tour departures.

The Tour Provider is allowed to use the phone number of a tour guest from the relevant tour departure starting time and until the tour departure have concluded, for the express purpose of trying to locate the tour guest if the tour guests have not showed up for the relevant tour departure.

The Tour Provider is allowed to use the phone number to communicate with tour guests in the case of time critical communication expressly relating to the change of tour departure starting time, location, or cancellation.

The internal messaging system on the website must be used to contact the tour guests for any other reason.

The Tour Provider is prohibited from using the tour guest data for any other purpose, including general contact of tour guests even if relating to a specific tour departure the tour guests have made a reservation for. ONEPORT is already sending tour guests reminder emails and similar.

After the relevant tour departure have concluded the Tour Provider must destroy all tour guests’ data and is prohibited from accessing it through the website.

The Tour Provider confirms it will comply with all relevant data protection regulation and will not
copy, store, share or otherwise process such data.

Status and Agreement Exclusivity

ONEPORT does not operate or offer free walking tours or similar but promotes free walking tours of independent Tour Providers. The Tour Provider is completely independent from ONEPORT and ONEPORT have no responsibility towards the Tour Provider other than what is described in the Agreement.

The Agreement between the Tour Provider and ONEPORT is non-exclusive and both parties are unrestricted in terms of working with other marketing companies or similar and Tour Providers. The Tour Provider is free to hire the services of other marketing companies or similar to promote tour departures that are also promoted by ONEPORT.

The Tour Provider confirms that it understands and agrees that there is no guarantee that ONEPORT will be successful in attracting any tour guests to the Tour Provider’s tour departures or that the tour guests ONEPORT is successful in attracting will tip the Tour Provider.

Legally Required Licenses

It is the sole responsibility of the Tour Provider to secure and maintain any licenses, authorizations or similar legally required for the Tour Provider to operate its business and tour departures.

Tax

It is the sole responsibility of the Tour Provider to report to the authorities any taxes or similar that must be paid in connection with its payments to ONEPORT and revenues and profits generated from its tour departures.
The Tour Provider indemnifies ONEPORT, all its group companies, directors, employees, contractors or similar for all tax or similar matters as well as all costs, claims, fines or similar and interest or similar in connection with such.
These indemnities are valid from when the Tour Provider registers on the Website and has no expiration date, even if the agreement between the Tour Provider and ONEPORT is inactive or has been terminated.

Safety, insurance, and Liability

It is the sole responsibility of the Tour Provider that its tour departures comply with all pertinent safety standards, regulations, laws, or similar.

It is the sole responsibility of the Tour Provider to obtain any insurance legally required for the Tour Provider to operate its business and tour departures.

The Tour Provider indemnifies ONEPORT, all its group companies, directors, employees, contractors or similar for all losses, costs and expenses including claims, penalties, fines, legal costs or similar and interest or similar in connection with such arising from harm to tour guests, property, third parties or similar in relation with the Tour Provider’s tour departures.
These indemnities are valid from when the Tour Provider registers on the Website and have no expiration date, even if the agreement between the Tour Provider and ONEPORT is inactive or has been terminated.

Intellectual Property

Tour Provider name, logo, profile picture and Profile data that the Tour Provider uploads to the Website remains the intellectual property of the Tour Provider. By registering as a Tour Provider on the website the Tour Provider gives ONEPORT authorization to publish the Tour Provider name, logo, profile picture, Profile data and any other material the Tour Provider have shared with ONEPORT (“Tour Provider Content”) through all promotion channel ONEPORT promotes or seek to promote the Tour Provider’s tour departures through.

The Tour Provider can withdraw this authorization when its ONEPORT account has been anonymized by informing ONEPORT of such authorization withdrawal. After ONEPORT have confirmed the receipt of the Tour Provider’s authorization withdrawal the Tour Provider must allow ONEPORT one calendar month to remove Tour Provider Content from all promotion channels.
Should it transpire that ONEPORT fails to remove the Tour Provider Content from any specific promotion channel, the Tour Provider must inform ONEPORT of such situation, whereafter ONEPORT will deal with the situation within a reasonable timeframe.

The Tour Provider indemnifies ONEPORT, all its group companies, directors, employees, contractors or similar for all loss, costs, claims, fines or similar and interest or similar on such the Tour Provider may experience as a result of ONEPORT publicly sharing or failing to remove Tour Provider Content.
These indemnities are valid from when the Tour Provider registers on the Website and have no expiration date, even if the agreement between the Tour Provider and ONEPORT is inactive or has been terminated.

Reservation email texts the Tour Provider have uploaded to the website is the intellectual property of ONEPORT. If any intellectual property of the Tour Provider is included in the reservation email texts the Tour Provider gives ONEPORT indefinite and irrevocable rights to such content.
Tour guest reviews regarding the Tour Provider’s tour departures is exclusively intellectual property of ONEPORT and will not necessarily be removed if the Tour Provider’s account has been anonymized.

Privacy policy
Tour Provider trust is important to ONEPORT, which is why we treat your data and privacy with care. In the following Privacy Policy (“the/this Privacy Policy”) description is given of how ONEPORT collect, use, store, share, transfer or otherwise process (“Process”) personal data.

Privacy Policy Acceptance and Authorization
By registering or logging into the website the Tour Provider confirm that it accepts this Privacy Policy and authorizes ONEPORT to Process the Tour Provider’s personal data as described in this Privacy Policy.
The Privacy Policy shall survive inactivity or termination of the Agreement.

Privacy Policy Content
This Privacy Policy describes how and what personal data ONEPORT Process in connection with the use of ONEPORT’s services and website.
Personal data is data that can be linked to a specific person, company, sole proprietor or similar. We may anonymize personal data so that it is not personally identifiable.

Processed Personal Data
ONEPORT may Process personal data such as, login data, names (personal names, brand names, legal names and similar), address and country, tax/vat numbers, phone numbers, email addresses, logos, payment card and bank data, historical purchases and payments, tour departure schedules, tour departure cancellations, historical and future reservations, cancellations and No-shows, performance data such as reviews and similar, data about the Tour Provider’s interests and preferences, historical exchanges between The Tour Provider and ONEPORT and generally any data shared by the Tour Provider in connection with the use of ONEPORT’s services.
ONEPORT may Process technical data in connection with use of the website such as the history of pages visited, browser and operating system, language settings, location and time zone, IP address and cookie data.
The Tour Provider will be asked for consent before cookies are used.

Use of Personal Data
ONEPORT use personal data to fulfil legal requirements, as well as for genuine business interests, such as to generally be able to perform and enforce the Agreement, optimize, and safeguard the business of ONEPORT or group companies, enable the delivery of services and payment collection, optimize user experience, services (general and targeted) and marketing content (general and targeted), manage relationships with clients, partners or similar.
Personal data will be used in the specific areas mentioned and possibly for closely connected areas.
By registering or logging into the website authorization is given by the Tour Provider to ONEPORT to contact the Tour Provider through the website’s internal messaging system, email, phone, or other channels in connection with purchases and services delivery or similar and to communicate with the Tour Provider with regards to the Tour Provider’s use of and experiences with ONEPORT’s services and similar or related subjects.

Personal Data Sharing
ONEPORT does not sell personal data that has not been anonymized. Sharing of personal data that can be individually identifiable with third parties may happen as described below.
ONEPORT might share personal data it on reasonable grounds believe it is required to do so by law, and to perform and enforce the Agreement or other agreements.
Other companies, contractors, and individuals (“Service Providers”) deliver services (such as accounting, administration, and support) to ONEPORT and ONEPORT might have to share specific personal data with such Service Providers to enable them to perform their services. The Service Providers are restricted from using the shared personal data for anything other than delivering their services to ONEPORT, unless ONEPORT specifically advise the Tour Provider otherwise.
Personal data might be shared with group companies, in which case this Privacy Policy will extend to these companies.
Personal data is part of ONEPORT’s business operations and might be shared or transferred if ONEPORT is sold or similar or merge with another company.
Except as noted above we will seek your express approval before sharing Personal Data with any third parties.

International Transfer of Personal Data
As ONEPORT is registered in the United States of America, Personal Data shared with ONEPORT might be stored outside the EEA. ONEPORT works with Service Providers and Partners outside the EEA, so may have to transfer Personal Data outside the EEA. We seek to limit the amount of Personal data shared as much as reasonably possible.
ONEPORT use Google Analytics and personal data may be transferred or stored outside the EEA. IP addresses will be abbreviated and hence in effect the Personal Data anonymized.

Personal Data Security
Data security is important to ONEPORT, and we take care to ensure Personal Data is safeguarded, however complete Personal Data security can never be guaranteed. The Tour Provider acknowledges that it shares Personal Data with ONEPORT at its own risk.
ONEPORT’s systems and procedures have been developed to optimize Personal Data security. We seek to limit access to Personal data by employees, Service Providers and similar as much as reasonable possible while still allowing them to complete their tasks and services.
If a Personal Data leek is discovered attempts to contact the Tour Provider will be made via the websites internal messaging system, phone, or email.

Personal Data Retention
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask to have its Personal Data deleted. If the Tour Provider’s Personal Data is deleted, it might not be possible for ONEPORT to deliver services to the Tour Provider and in general fulfil the Agreement. ONEPORT may keep some Personal Data for genuine business interests, recordkeeping and to comply with legal requirements.

Legal
Data protection laws gives the Tour Provider specific Personal Data rights.
Access:
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask to access the Personal Data ONEPORT have concerning the Tour Provider.

Correction:
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask ONEPORT to amend its Personal Data if it is incorrect.

Portability:
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask ONEPORT to transfer its Personal data to the Tour Provider or a third party.

Erase:
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask to have its Personal Data deleted. If the Tour Provider’s Personal Data is deleted, it might not be possible for ONEPORT to deliver services to the Tour Provider and in general fulfil the Agreement. ONEPORT may keep some Personal Data for genuine business interests, recordkeeping and to comply with legal requirements.

Personal Data and Marketing:
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask ONEPORT to inform which kind of Personal Data
ONEPORT shares with group companies or third parties for marketing purposes.

Marketing Opt-Out:
By contacting ONEPORT via the website’s internal messaging system or the contact form on the website, the Tour Provider can ask to opt-out of receiving marketing content from ONEPORT, group companies and related parties.

Personal Data collection Opt-Out:
If the Tour Provider believes ONEPORT is breaching it Personal Data rights due to claimed genuine business interests or otherwise the Tour Provider can by contacting ONEPORT via the website’s internal messaging system or the contact form on the website, ask ONEPORT to stop Processing its Personal Data. If ONEPORT stops Processing the Tour Provider’s Personal Data, it might not be possible for ONEPORT to deliver services to the Tour Provider and in general fulfil the Agreement. ONEPORT may keep some Personal Data for genuine business interests, recordkeeping and to comply with legal requirements.

Withdraw Privacy Policy Acceptance and Authorization:
The Tour Provider can inform ONEPORT of its withdrawal of acceptance and authorization of this Privacy Policy by contacting ONEPORT via the website’s internal messaging system or the contact form on the website. Such withdrawal will not apply to Personal Data processed before the withdrawal.

Authorities:
If the Tour Provider believes that ONEPORT is breaching Personal Data protection regulation the Tour Provider might have the right to file a complaint with the relevant national authorities where the Tour Provider is based. ONEPORT would like to try to remedy the situation before a complaint is filed.

Changes to the Privacy Policy
The Tour Provider is encouraged to check the Website’s legal page regularly, as ONEPORT may have to update this Privacy Policy without prior notice, as laws, business needs, services, and similar change. All data no matter when collected will be subject to the newest version of this Privacy Policy, which can always be found on the Website’s legal page.
By registering or logging into the website the Tour Provider confirm that it accepts the latest version of this Privacy Policy and authorizes ONEPORT to Process the Tour Provider’s personal data as described in this Privacy Policy.
The Privacy Policy shall survive inactivity or termination of the Agreement.

If The Tour Provider does not agree with the latest version of this Privacy Policy, the Tour Provider can ask to have its Personal Data deleted and inform ONEPORT of its withdrawal of acceptance and authorization of this Privacy Policy. The Tour Provider can do so by contacting ONEPORT via the website’s internal messaging system or the contact form on the website.
If the Tour Provider’s Personal Data is deleted, or the Tour Provider have withdrawn its acceptance and authorization of this Privacy Policy, it might not be possible for ONEPORT to deliver services to the Tour Provider and in general fulfil the Agreement. ONEPORT may keep some Personal Data for genuine business interests, recordkeeping and to comply with legal requirements.

Termination

Given the Tour Provider have no active tour departures, no existing tour guest reservations and all invoices have been settled successfully it can ask ONEPORT to restrict login to its account, which ONEPORT will do within seven calendar days.

If the Tour Provider does have active tour departures and/or existing tour guest reservations and/or unsettled invoices the tour provider must cancel the active tour departures and/or tour guest reservations and/or settle all unpaid invoices before asking ONEPORT to restrict login to its account.

Before asking ONEPORT to restrict login to its account the Tour Provider is encouraged to download historical invoices for record keeping, as it may not be possible to access these after the account has been restricted.

ONEPORT may restrict login to the Tour Provider’s account with immediate effect, for any reason without providing an explanation, though generally ONEPORT will seek to communicate with the Tour Provider before doing so and give the Tour Provider a chance to remedy the situation, even if not contractually bound to do so.
If the Tour Provider have active tour departures and/or existing tour guest reservations ONEPORT will cancel these and any charges on the Billing Log related to these will be refunded.

When the Tour Provider’s account login has been restricted the Agreement will be inactive. Should the login restriction be removed and the Tour Provider login to the account, the Agreement will again be active.

The Tour Provider’s account cannot necessarily be deleted, due to record keeping purposes that may be required by law, thought the Tour Provider can ask to have its account anonymized, to the extent possible in relation to record keeping purposes that may be required by law.

If an account is anonymized it cannot be restored, and any credit balance the Tour Provider has with ONEPORT will be lost.

ONEPORT reserves the right to anonymize an account that has not been active for 12 months.
“Active” is defined as having had a least one person reserved for a tour departure that was not subsequently reported as a No-show.

When the Tour Provider’s account has been anonymized to the greatest extend possible in relation to record keeping purposes that may be required by law the Agreement has been terminated.

ONEPORT reserves the right to charge the Tour Provider’s payment card for any unsettled invoices,
even if the Agreement is inactive or has been terminated. If payment(s) is unsuccessful ONEPORT does not relinquish its claim(s) and such claim(s) will not expire.

ONEPORT reserves the right to at any point in time stop promoting any specific or all tour
departures of the Tour Provider even if the Agreement is not inactive or has not been terminated, and this shall not render the Agreement inactive or terminated.

The Tour Provider confirms it will comply with the terms and conditions of the Agreement that survives inactivity and or termination of the Agreement. The parties may pursue any remedy available to them at law or equity.

Variation and Entire Agreement

This Agreement constitutes the entire and only binding agreement between the Tour Provider and ONEPORT and no variation hereof shall be effective unless in writing and signed by or on behalf of each of the parties. Neither of the parties shall be excluded of the liability of fraud, misrepresentation or similar by this clause.

Severability
If any term, condition or similar of the Agreement is found invalid, illegal, or unenforceable, by a relevant legal institution or similar the balance of the Agreement shall remain in effect.

If any term, condition or similar is found invalid, illegal, or unenforceable, by a relevant legal institution or similar, to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.

Legal Jurisdiction

Any dispute, claim or similar including non-contractual claims or disputes (“Disputes”) which may arise out of this Agreement or breach of terms and conditions under the Agreement, shall be governed by and interpreted in accordance with the law of the State of Delaware, United States of America.

Any Disputes, shall be settled by direct private and confidential negotiations between the Tour Provider and ONEPORT. If the Tour Provider and ONEPORT fails to resolve the dispute within 30 days from the date when the dispute arose, the dispute shall proceed to private and confidential mediation. If mediation is unsuccessful in resolving the dispute the dispute shall be referred to arbitrators appointed by ONEPORT and arbitration must be completed in a private and confidential manner.

Court or similar proceedings may not be initiated until mediation and arbitration has concluded unsuccessfully or if either the Tour Provider or ONEPORT has failed to participate in mediation
and or arbitration.

The provisions of this Clause shall survive inactivity or termination of the Agreement. The parties may pursue any remedy available to them at law or equity.

Terminology

Billing Log – A section of the Website where information about every event that impacts the Tour Provider’s credit balance with ONEPORT can be found.

Free Walking Tour – A free walking tour is a guided walking tour where a tour guide shows a group of people around an area while sharing information about this area and its sights. It is usually free to reserve a space for a free walking tour and there is no cost to participate. The guide makes a living from tips from tour guests.

Group Companies – any holding company of ONEPORT, subsidiaries thereof, any subsidiary of ONEPORT and subsidiaries of subsidiaries of a holding company or ONEPORT.

No-show – A tour guests who have reserved a place(s) for a tour departure and does not participate in that tour departure without cancelling beforehand is termed a “No-show”.

Schedule – A Schedule is a series of tour departures of a specific Tour Version and language in a specific city in a specific date interval.

Tour Provider / User – A Tour Provider is an organiser, operator or similar of free walking tours.

Tour Versions – A Tour Version is an overall category of free walking tours. Often free walking tours from different Tour Providers will take place in the same overall area and have a large share of common sights, content and similar. ONEPORT defines a number of Tour Version that are meant to capture the general area, sights, content and similar to make it easier for tour guests to find what they are looking for. Each Tour Provider’s tour departures’ area, sights, content and similar will most likely deviate somewhat from each Tour Version but should always fit broadly within one specific Tour Version.