Terms and Conditions

Terms and Conditions (User Agreement)

Article 1. General Provisions and Legal Force 1.1. These Terms and Conditions (hereinafter "Agreement" or "Terms") constitute a legally binding agreement between "TravelGuide" LLC (ID: 402368031, Legal address: Georgia, Tbilisi, Spartaki st. N 6, Email: [email protected]; hereinafter "Company" or "Platform") and the user of the platform (hereinafter "Guest" or "User"). 1.2. These conditions apply to all services offered by the Company, available via the online website (travelguide.ge), mobile application, email, or any other digital instrument. 1.3. By accessing, navigating, using the website in any form, and/or booking a travel product, the User confirms that they have fully read, understood, and unconditionally agree to these Terms and Conditions, as well as the Privacy Policy integrated herein. 1.4. The Platform and its infrastructure are intended solely for the User's personal, non-commercial (B2C) use. It is prohibited to resell, copy, monitor (e.g., via "Scraping", "Spider" methods), extract, or use any information, software, texts, tickets, or services placed on the Platform for any commercial or competitive purpose without the Company's prior written consent. 1.5. The Company reserves the right to unilaterally make changes to these Terms at any time, due to changes in the Georgian legislative framework and/or transformation of the Company's business policy. Changes come into force immediately upon publication on the Platform and apply to all bookings made after the change.

Article 2. Definitions For the purposes of this Agreement, the terms below have the following meanings: 2.1. Platform (Travelguide.ge) - The online digital infrastructure, including the website, mobile applications, and software interfaces operated by the Company. 2.2. Travel Product - Accommodation (hotel, apartment), transport service (transfer, car rental), tour, entertainment, travel insurance, and any other travel-related service offered by the Host to the User via the Platform. 2.3. Guest (User) - Any natural person who visits the Platform and acquires a product primarily for personal, non-commercial use (in accordance with the Law of Georgia "On Protection of Consumer Rights"). 2.4. Host (Supplier) - Any natural or legal person (tour operator, travel agent, guide, accommodation facility, carrier) registered on the Platform (based on a B2B relationship) and independently offering Travel Products to Guests. 2.5. Booking - The process of ordering, reserving, and paying for a Travel Product by the Guest via the Platform, resulting in a direct contract between the Guest and the Host. 2.6. Travel Package - A combination of two or more different types of travel services intended for a single trip, meeting the conditions stipulated by the Law of Georgia "On Tourism".

Article 3. Platform's Intermediary Status and Scope of Liability 3.1. Technological Intermediary: The Platform acts solely as a technological and informational intermediary between the Guest and the Host. When making a booking via the Platform, the Guest enters into a direct and legally binding contractual relationship directly with the Travel Product supplier (Host). The Platform is not the direct organizer, supplier, or agent of the Host, except when the Platform acts as a limited technical payment agent to receive funds on behalf of the Host. 3.2. Accuracy of Information: The information placed on the Platform (product description, prices, photos, availability, internal policies) is based directly on data provided and uploaded by the Hosts. Each Host is fully and individually responsible for the accuracy, completeness, and correctness of their information. 3.3. Exclusion of Liability for Information Accuracy: Although the Platform exercises reasonable professional care, it does not guarantee that the posted information is absolutely accurate and complete. The Platform is not liable for errors (including obvious and typographical errors), technical interruptions, or incorrect, fake, or misleading information provided by the Host. 3.4. Disclaimer of Quality Guarantee: The Platform is not and should not be considered an absolute guarantor of the quality, qualification, safety standards, or rating of the services offered by any Host. The Guest assesses the risks themselves and receives the service at their own responsibility.

Article 4. Prices, Settlements, and Fraud Prevention 4.1. Transparent Pricing: Prices indicated on the Platform are final and include all applicable taxes (including Value Added Tax - VAT), unless explicitly stated otherwise on the specific booking page or electronic confirmation. The display of prices fully complies with the requirements of the Law of Georgia "On Protection of Consumer Rights" regarding the provision of pre-contractual information. 4.2. Free Service for the User: Using the Platform is free for the Guest. The Company does not charge the User any additional subscription or booking fees. The Guest pays only the amount indicated during the Travel Product booking process. The Platform's monetization is carried out directly at the expense of commissions received from the Hosts. 4.3. Currency Exchange Rate: The foreign currency converter (e.g., USD, EUR) indicated on the Platform is for informational purposes only. The actual transaction is completed in the national currency of Georgia (GEL), and when paying with a foreign card, the exchange rate and conversion fee are determined by the Guest's servicing bank/payment system. 4.4. Payment Terms and Security: When booking, the User may be required to pay a full or partial advance. Payments are processed through secure, third-party payment providers. The Platform does not store the User's full bank card details. 4.5. Fraudulent Bookings: The Company reserves the right to cancel any booking without prior notice if there is a reasonable suspicion of fraud, use of a stolen card, or attempted money laundering.

Article 5. Cancellation Policy, Refunds, and Statutory Exceptions 5.1. Host's Individual Cancellation Policy: When booking a Travel Product, the Guest automatically agrees to the specific Host's cancellation, modification, and no-show policy. In the case of special or discounted rates (e.g., "Non-refundable"), the amount paid is not subject to refund upon cancellation. 5.2. Exclusion of Statutory 14-Day Right for Fixed-Date Tours: Article 13 of the Law of Georgia "On Protection of Consumer Rights" grants the consumer a 14-day right to withdraw from a distance contract without any grounds. However, the User is informed and acknowledges that according to Subparagraph "h", Paragraph 2, Article 14 of the same Law, the right to withdraw from the contract does not apply to services such as: provision of accommodation (for non-residential purposes), transportation, car rental, catering services, and services related to leisure activities, if the contract specifies a specific date or period of performance. 5.3. Based on paragraph 5.2, the Guest agrees that the cancellation of a hotel, transfer, or tour booked for a specific date will be subject only to the Host's internal cancellation policy. The 14-day statutory unconditional return rule will apply only to open-date vouchers or products where the exact time of receiving the service is not fixed in advance. 5.4. Refund Procedure: If the cancellation meets the refund conditions stipulated by the Host's policy, the amount will be refunded to the User on the same payment method (card) used for the payment. Depending on banking procedures, the reflection of the amount may take from 5 to 14 working days. 5.5. Defective Service: If the supplied Travel Product or service is defective, the User has the right to demand directly from the Host to correct the defect, proportionally reduce the price, or withdraw from the contract. The Platform acts as a mediator to simplify communication, but the financial and legal responsibility for eliminating the defect is borne by the direct Host.

Article 6. Travel Packages and Protection Against Financial Insolvency 6.1. In the event that the Guest purchases a "Travel Package" (a combination of two or more services for one trip) via the Platform, the safety of this service is regulated by the enhanced standards established by the Law of Georgia "On Tourism". 6.2. Provision of Financial Guarantee: In accordance with the Law of Georgia "On Tourism", a tour operator that forms and sells a Travel Package is obliged to possess a financial guarantee protecting against insolvency (bank guarantee or liability insurance). This guarantee ensures the reimbursement of the amount paid by the Guest and, if necessary, their repatriation (return to their home country) if the tour operator becomes insolvent. 6.3. The User acknowledges that the provision of a financial guarantee is the obligation of the direct component of the Travel Package (Host/Tour Operator), and the Platform disclaims responsibility for the existence of such provision, except in cases where the Platform itself acts as the formal organizer of a specific package.

Article 7. Mandatory Travel Insurance and High-Risk Tourism 7.1. Mandatory Insurance for Foreign Tourists: In accordance with the Law of Georgia "On Tourism", all foreign tourists entering Georgia are obliged to possess a valid mandatory health and accident insurance policy when crossing the border. 7.2. Policy Requirements: The insurance policy must cover the entire period of stay in Georgia, must be available in material or electronic form (in Georgian or English), and its minimum insurance limit must not be less than 30,000 GEL. 7.3. User's (Guest's) Responsibility: Only the Guest is responsible for having all the necessary documents for crossing the border in order (including visa, passport validity, and mandatory insurance policy). If the Guest is refused entry into Georgia due to the lack of these documents, the Platform and the Host are exempt from any obligation to refund the amount or provide any kind of compensation. 7.4. High-Risk Activities: If the User books a high-risk activity (mountain, ski, alpine tours, rafting, paragliding, etc.), they are informed that under current legislation, providers of such services are obliged to possess an appropriate professional certificate and civil liability insurance towards third parties.

Article 8. Personal Data Protection and Privacy 8.1. Legislative Framework: The Platform collects, stores, and processes the User's personal data in strict compliance with the Law of Georgia "On Personal Data Protection" and international (GDPR) standards. 8.2. Grounds and Purpose of Processing: The Platform processes the Guest's personal and financial data on the following legal grounds: a) performance of the contract (booking) concluded with the User; b) fulfillment of statutory tax/accounting obligations; c) clear and voluntary consent of the User (for marketing messages). 8.3. Transfer of Data to Third Parties: For the successful realization of the booking, absolutely necessary data (name, surname, contact number) is transferred to the specific Host. The Host, as an independent processor, is responsible for the security of this data. 8.4. User Rights: The User has the right at any time to withdraw their consent, request the correction, update, blocking, or complete deletion of data (the so-called "right to be forgotten"), except in cases where data retention is mandatory under applicable tax or special legislation. 8.5. Data Protection Officer (DPO): A Data Protection Officer is appointed on the Platform, who oversees the data security processes. The DPO can be contacted via email: [email protected] (or the general contact address: [email protected]).

Article 9. User Account, Rules of Conduct, and Intellectual Property 9.1. Account Security: When registering on the Platform, the User is obliged to provide accurate data. The User themselves is responsible for maintaining the confidentiality of their account and password. The Platform reserves the right to suspend or cancel the account if unauthorized or abusive use is detected. 9.2. Intellectual Property Rights: The entire infrastructure, software code, design, text materials, trademarks, logos, and graphical interface of the Platform are the exclusive property of the Company and are protected by copyright law. 9.3. User Reviews and Content: Reviews, photos, and ratings left by the Guest on the Platform must be objective and real. It is prohibited to post offensive, discriminatory, obscene, or hidden promotional content. By uploading a review or photo to the Platform, the User grants the Company a non-exclusive, royalty-free right to use this content for the Platform's marketing and operational purposes. The Platform reserves the right to unilaterally delete any post/review that violates the rules. 9.4. Age Restriction: Financial transactions and booking via the Platform are permitted only for legally capable persons of legal age (having reached 18 years).

Article 10. Limitation of Liability and Force Majeure 10.1. Limitation of Damages: To the maximum extent permitted by applicable law, the Company (Platform) is not liable for any direct, indirect, consequential, or material damages, lost income, loss of reputation, or personal injury that may be caused to the Guest: a) due to technical interruptions or system failures arising while using the Platform; b) due to incorrect, incomplete, or fake information uploaded by the Host; c) due to reasons caused by poor quality or non-performance of services by the Host. 10.2. Liability Limit: The Platform is liable only for those technical flaws in its system that are directly caused by its culpable actions. The Company's total financial liability, in any case, is limited to the value of the service actually paid by the User for the disputed booking. 10.3. Force Majeure: The parties are exempt from liability for failure to fulfill obligations if it is caused by force majeure circumstances (natural disasters, war, hostilities, epidemics, restrictive acts of state bodies, global outage of internet infrastructure, etc.).

Article 11. Complaints, Dispute Resolution, and Governing Law 11.1. Governing Law: This Agreement, its interpretation, and the legal relations arising between the parties are governed by the current legislation of Georgia. 11.2. Negotiation: Any claim or dissatisfaction related to the Platform's services must first be resolved through mutual negotiation. The User must submit a complaint to the support team's email: [email protected]. 11.3. Right to Apply to the Agency: In the event that direct negotiation does not yield results, the User, in case of alleged violation of their rights, has the right to apply to the LEPL - Georgian National Competition and Consumer Agency (GCCA) in accordance with the rules established by law. 11.4. Court Jurisdiction: If it turns out to be impossible to resolve the dispute peacefully or through alternative means, the case will be considered and a final decision will be made by the common court of Georgia, in accordance with the territorial jurisdiction established by the current procedural legislation.

Article 12. Final Provisions 12.1. Severability: If any provision of this Agreement is found by a court to be invalid or without legal force, this will not cause the invalidity of the entire Agreement or its other provisions. 12.2. Language Precedence: These Terms may be translated into other languages for the convenience of Users. In the event of a substantive discrepancy between the Georgian and foreign language versions, the Georgian language version shall prevail.