Terms And Conditions

These General Terms and Conditions (“EJ GTC”), together with the Privacy Policy) govern the use of the ExcursionsJordan online mediation platform (“EJ Platform”),

The EJ Platform is available to users worldwide. Certain portions of these EJ GTC will apply to you only if you reside in a specific country or region.

All Countries (Except the US): If you reside anywhere in the world except for the United State of America, Appendix A applies to you.

United States of America: If you reside in the United States of America (including its territories and possessions), Appendix B applies to you. Appendix B includes a mandatory, binding individual arbitration clause, which means that you agree to submit most disputes related to the EJ Platform, our services, or these EJ GTC, to binding arbitration rather than proceeding in court. You may opt-out of arbitration only by following the procedure in Appendix B. Appendix B also includes a mutual waiver of class actions or jury trials.

1. About us
We, ExcursionsJordan JORDAN, registered address JORDAN AQABA, ("ExcursionsJordan" or "we" or "us") is the operator of the EJ Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.
We operate the EJ Platform as an intermediary platform on which tours and Activities ("Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, boat tours around the world ("Suppliers"). The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, tickets for sightseeing, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Activities originate from the respective Suppliers. We therefore have no direct influence on such content.

2. Scope
2.1 These EJ GTC apply to all visitors to and users of the EJ Platform and to all content within the offered operating systems (currently iOS, Android) ("Users"). As soon as you use the EJ Platform, you are obliged to comply with these EJ GTC. Therefore, please read them carefully during your first use.
2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the EJ GTC shall not apply unless we have expressly agreed to them in writing.
2.3 The use of the EJ Platform is only for you personally, i.e. you may not use it under any circumstances for business purposes. Keyword: Reselling tickets is absolutely forbidden ! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.

3. What we do
3.1 You can view Activities on the EJ Platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier ("Service Agreement"). When you buy an Activity on the EJ Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.

3.2 You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by a specific Supplier. If more than one Supplier is able to offer an Activity that matches the criteria entered in the discovery wizard, the applicable Activities will be displayed in an order based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.
3.3 In the interest of a fast and smooth process, you may direct questions about your booking to the ExcursionsJordan customer service. For this purpose you can find various forms online, as well as through our hotline. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher/ticket.
3.4 We reserve the right to make the use of the EJ Platform, individual functions of the EJ Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these EJ GTC, or violation of obligations under the Service Agreement, which become known to ExcursionsJordan.
3.5 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the EJ Platform. We may discontinue our services and performances at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, Section 15 applies to you, i.e. the Service Agreement.

4. Registration and EJ account
4.1 Although registration is not required to access the EJ Platform, you must register with us in order to use all features, for example, the "Wish List".
4.2 In order to create an account (“EJ Account"), you must enter your full legal name and email address in the registration form on the EJ Platform and may set a password. If available, you can create an account without a password by using the option to create a passwordless account with an email verification link. You must keep this data secret so that no third party has access to your account. After clicking the button "Confirm email" you will receive a confirmation ‘welcome’ email from ExcursionsJordan. Your EJ account has now been created.

4.3 You may only create one EJ Account for yourself. You may not transfer the account to anyone else.

5. EJ Apps

5.1 Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install and use the EJ Apps on your mobile device; provided that your installation and use of the EJ Apps is solely (i) for your personal use and for non-commercial purposes, and (ii) in accordance with the restrictions and limitations set forth in this Agreement. You may not copy, transfer, lease, loan, modify, adapt, create derivative works of, redistribute, or sublicense the EJ Apps and, if you sell your mobile device to a third party, you must remove the EJ Apps from the mobile device before doing so. You may not reverse-engineer, disassemble, attempt to derive the source code of the EJ Apps, or any part thereof, except where such restriction is expressly prohibited by applicable law. All rights not expressly granted to you hereunder are reserved to us and our licensors.

5.2 ExcursionsJordan may from time to time in its sole discretion develop and provide EJ Apps updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that ExcursionsJordan has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

the EJ apps will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the EJ Apps or portions thereof may not properly operate should you fail to do so.

You further agree that all Updates will be deemed part of the EJ Apps and be subject to all terms and conditions of these EJ GTC.

5.3 You acknowledge that when you download, install, or use the EJ Apps, ExcursionsJordan may use automatic means (including, for example, cookies, SDKs and web beacons) to collect information about your mobile device and about your use of the EJ Apps. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the EJ Apps or certain of its features or functionality. All information we collect through or in connection with the EJ Apps is subject to our Privacy Policy. You can control certain data processing activities by choosing not to give your consent when prompted by the EJ App.

6. Conclusion of contract with ExcursionsJordan - User Agreement
6.1 The subject matter of the contract with us as the contracting party, is the use of the EJ platform free of charge (“User Agreement”).
6.2 The contractual relationship between you and us comes into effect as soon as you use the EJ Platform (which includes the installation of the EJ App). A blocking, termination or deletion of your EJ Account is possible at any time via the ExcursionsJordan customer service by phone or via the contact form under "Delete account". The contact details can be found at Contact us.
6.3 ExcursionsJordan may unilaterally terminate your User Agreement, EJ Account or your access to the EJ Platform at any time with a notice period of one week. However, the termination will become effective only after any already established Service Agreements have been executed or canceled. The right to termination for good cause remains unaffected.

7. Customer Service / Best Price Matching by ExcursionsJordan
7.1 You can reach our customer services team at Contact us ⎸ ExcursionsJordan, we are available by phone, chat or email.
7.2 If you find the activity booked via the EJ Platform (i) with the same conditions (date, city, number of persons), (ii) with the same services, (iii) at a lower price on the Internet, (iv) bookable with the same Supplier and prove this to us, we will pay you the difference between the lower price booked via ExcursionsJordan and the lower price found and available by you on the Internet. Offers that are part of trust or loyalty programs are excluded from best price matching.
7.3 To make use of this best price matching offer, you must send us the link (and/or a screenshot of the alternative offer) upon request. We will then check this and should the price actually be lower, pay the difference, whereby this payment can also be made by means of a voucher.
7.4 All special offers and discount promotions are marked as such.

8. Payment at ExcursionsJordan
8.1 The price offered on the EJ Platform ("Posted Price") shall apply to the Activity. The amount you pay for an Activity ("Booking Price") is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking.

8.2 For selected Activities, you may be able to choose the "Reserve now, pay later" feature. This is only possible with a credit card that is valid at least until the date of the selected Activity; to confirm this, we will charge 0 EUR to your credit card when you complete your booking. 72 hours before the start of the Activity we will debit the Booking Price. If the credit card charge fails, you have 47 hours to make the payment manually. If this fails and the payment is not made, we will automatically cancel the Activity you booked.

8.3 ExcursionsJordan is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier's invoice. With the successful payment to ExcursionsJordan, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), ExcursionsJordan may (in its role as a commercial agent) collect payment in the your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.

8.4 We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine in its discretion whether to honor the refund request. A refund granted by the Supplier can be processed by the Supplier through us.
8.5 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.

8.6 In some cases you will not pay the Booking Price to ExcursionsJordan, or directly to the Supplier, but to another company that we have appointed to process the payment as a sub-agent. For example, if you live in the USA or use a credit card issued in the USA for payment, ExcursionsJordan Tourism Marketing will process the payment. These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the sub-agent with a discharging effect towards the Supplier..

8.7 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the EJ Platform dependent on a check of the required creditworthiness.

9. Changes and Cancellations
9.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the EJ Platform, or on the voucher/ticket issued for the Activity.
9.2 To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the EJ Platform, unless otherwise agreed. The change or cancellation must be made in good time; what is "in good time" depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by ExcursionsJordan. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept.
9.3 We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.

9.4 Unless there are different cancellation conditions specified in the description of the Activity on the EJ Platform, in the Supplier T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and
b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.

10. Reviews and Other User Content
10.1 We offer you the opportunity to view reviews and other content posted by other users on the EJ Platform. The reviews reflect the personal opinion of a respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the Activity may have changed since the review or other content was posted. The number of reviews and ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of opinions.
10.2 You can personally influence the content of the EJ Platform by writing reviews of Activities which you have purchased or posting pictures (together, "User Content"). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the EJ Platform that: (i) is untrue or misleading; (ii) openly or covertly advertises products, services or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Supplier who provides the Activity; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.

10.3 You are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the User Content. In particular, images or photos where we can see other people may only be uploaded to the EJ Platform if these persons gave their consent. If you want to use pictures that have been taken by a person other than you, you also need the consent of this person.

10.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.

10.5 You retain ownership of any User Content you create. You grant to ExcursionsJordan a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content including (i) on or through the ExcursionsJordan Platform, (ii) on or through ExcursionsJordan’s partners, and (iii) in online and offline marketing materials.

10.6 We may remove User Content as necessary and at our sole discretion. For example, ExcursionsJordan may remove User Content if, in our opinion, it violates our obligations under Sections 9.2-9.4. We are not obligated to keep copies of User Content or to provide such copies.

10.7 ExcursionsJordan, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the EJ Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.

11. Data protection
11.1 All your personal data collected through the EJ Platform is processed by GetYourGuide as a data controller, in accordance with relevant data protection laws and for the purposes described in the Privacy Policy. ExcursionsJordan shares your personal data with Suppliers to the extent it is necessary for the performance of the Service Agreement between you and Supplier or when necessary to comply with a legal obligation and for other purposes legally allowed. Suppliers are independent data controllers and bear the sole responsibility of processing your personal data.

11.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.

12. Indemnification
12.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us, our agents, or partners as a result of:
12.1.1 your intentional or negligent misrepresentation, act, or omission in connection with your use of the EJ Platform;
12.1.2 your intentional or negligent non-compliance with the EJ GTC; or
12.1.3 claims asserted by third parties arising out of or in connection with your access to or use of the EJ Platform that intentionally or negligently violates these EJ GTC.
13. Assignment
You may not transfer or assign your rights and/or obligations under these EJ GTC, except for any claim for damages.

14. Severability clause
Should individual provisions of these EJ GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these EJ GTC that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

15. Supplier - Service Agreement

15.1 Conclusion of contract with the Supplier
15.1.1 If you select and purchase an Activity on the EJ Platform, you conclude a contract directly with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier.

15.1.2 After checking the availability of the Activity, you add the respective Activity to the shopping cart by clicking the button "Add to cart". After clicking the button "Checkout", you will be asked for further mandatory information, in particular the payment method, which must be completed.
15.1.3 By clicking the button "Pay now" at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.
15.1.4 The Suppliers may provide their own terms and conditions in their respective listings on the EJ Platform ("Supplier T&Cs"). Please read these Supplier T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Supplier T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Supplier T&Cs and a provision in Section 9 of the EJ GTC, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.
15.1.5 We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.

15.1.6 The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 15 of these EJ GTC, and - if applicable - the Supplier T&Cs.

15.1.7 You must immediately check the order confirmation to ensure that all data has been entered correctly.
15.2 Prices

15.2.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.
15.2.2 The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.

15.3 Provision of the Activity
15.3.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
15.3.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.

15.3.3 Suppliers are independent contractors and not agents or employees of ExcursionsJordan. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.
15.3.4 For time and deadline calculations, the time zone of the Supplier shall be decisive.

15.4 Further rights of the Supplier

15.4.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded. You may direct any additional compensation request directly to the Supplier according to 15.3.3.

15.4.2 The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the EJ Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

15.4.3 The Supplier may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the EJ Platform.

16. Final provisions
16.1 For the purpose of fulfilling the contract and exercising rights due to us under these EJ GTC, we may use other ExcursionsJordan companies and third parties as vicarious agents.

16.2 We may amend or adjust these EJ GTC in the future, e.g. to take into account changes in the law, market changes ,or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate your EJ Account or your access to the EJ Platform with immediate effect.

16.3 All notices and other declarations transmitted within the framework of these EJ GTC must be made in writing (e.g. by email).

16.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these EJ GTC or any purchase made pursuant thereto.

16.5 The contract between you and us is formed and entered into in Berlin, Germany.

16.6 In these EJ GTC, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these EJ GTC are for convenience only and shall not be used in construing the EJ GTC.

Appendix A

Clauses Applicable to Residents of All Countries (Except Residents of the U.S.)
A1 Scope. These EJ GTC are directed exclusively at consumers within the meaning of the §13 BGB (German Civil Code) AND Jordan Civil Code

A2 Liability.

A2.1 Except as set forth in Section A2.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a fundamental contractual obligation. A “fundamental contractual obligation” under these EJ GTC is an obligation, the performance of which is essential to the proper performance of these EJ GTC and the breach of which jeopardizes the purpose of these EJ GTC and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these EJ GTC were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation.

A2.2 Nothing in these EJ GTC shall exclude or limit the liability of us or our agents or servants for gross negligence, intentional injury, death, personal injury, or fraud. Likewise, any further-reaching mandatory statutory rights as a consumer shall remain unaffected.
A2.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance to the standard of the EJ Platform or should guarantee a certain functionality. The same applies to any claims of the User under the Product Liability Act.

A2.4 No liability shall exist in cases of force majeure, including but not limited to: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the EJ Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.

A2.5 You always have the option to prove to the Supplier that he has not incurred any damage at all or that the damage is significantly lower than the cancellation fees demanded by the Supplier.

A3 Indemnification

A3.1 Damages in the sense of clause 12.1 also include compensation to which we are exposed to our vicarious agents (as defined by German law) or assistants because of the occurrence of one of the events described in Section 12.
A3.2 The above obligations in Section A3.1 shall only apply if you are responsible for the occurrence of any events described in Section 12 or violations of these EJ GTC, i.e. you have acted intentionally or in a negligent manner, and that misconduct directly resulted in the event(s) or violation(s) described above. .
A4 Online Dispute Resolution. The online dispute resolution platform of the European Commission can be accessed here. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

A5 Governing Law.To the extent permitted by mandatory local (consumer) law of the country in which you reside, these EJ GTC and our services will be governed by German law.

A6.1 Jurisdiction for EEA residents. If your usual place of residence is within the EEA (European Economic Area), then the following applies: To the extent permitted by mandatory local (consumer) law, any dispute will exclusively be submitted to the competent courts in Berlin, Germany.

A6.2 Jurisdiction for non-EEA and non-U.S. residents. If your usual place of residence is outside the EEA (European Economic Area) and outside the United States of America, then the following applies: Any dispute will exclusively be submitted to the competent courts in Berlin, Germany.

A7 Right of withdrawal

If you are a consumer, i.e. if you are a natural person who is acting for purposes which are outside your trade, business, craft or profession, and your habitual residency is in the European Economic Area, you generally have a statutory right of withdrawal in accordance with the following withdrawal information. In some cases, however, a right of withdrawal is excluded by law, so that you may not have a right of withdrawal for your specific contract.

A7.1 Exclusion of the right of withdrawal

The right of withdrawal is excluded by law in the case of distance contracts for the provision of leisure activities if the contract provides for a specific date or period of performance. This includes date or time-bound "Tours" of various kinds, "(Multiple) Day Trips", "Entrance Tickets", "Guided Tours", "Water Activities", "Adventures", "Other Experiences" and "Combination Offers" arranged by us.

A7.2 Instructions concerning the exercise of the right of withdrawal

A7.3 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

A7.4 Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Apart from the above, the following applies with regard to your right of withdrawal:

You can use the model withdrawal form below to declare your withdrawal, but are not obliged to use it. For example, you can also declare your withdrawal quickly and efficiently via our platform by filling out and submitting our form at Cancel Booking.

If you use the model withdrawal form below, we would kindly ask you to provide your booking reference. This makes it easier for us to match your withdrawal to your contract, but is not obligatory for you.

A7.5 Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract).

To. ExcursionsJordan
I/we(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) /for the provision of the following service(*),
Ordered on(*) /received on(*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

(*) Delete as appropriate.

Appendix B

Clauses Applicable Only to Residents of the U.S.

B1 Warranty Disclaimers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO, AND HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ACTIVITIES AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. The EJ Platform is provided “as is,” without warranty of any kind, either express or implied. We do not warrant that (i) the EJ Platform will meet all of your requirements or that performance of the EJ Platform will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the EJ Platform will be complete, accurate, or free from technical defects or changes by unauthorized third parties. We are not responsible for the accuracy or completeness of Supplier-provided data.

B2 Activity-Related Liabilities.

B2.1 Injury Incidents. You (and any other person for whom you made a booking for an Activity (a “Co-Traveller”)) agree and understand that Activities are provided by Suppliers, not by ExcursionsJordan. Suppliers are independent third parties that are not under the control of ExcursionsJordan. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with an Activity (an “Injury Incident”), you agree to seek compensation directly from the Supplier that provided the Activity, not from ExcursionsJordan or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents (the “ExcursionsJordan Parties”).

B2.2 Release. YOU, ON BEHALF OF YOURSELF AND ANY CO-TRAVELLERS , HEREBY RELEASE THE GETYOURGUIDE PARTIES TO AND FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, AND LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), WHETHER OR NOT NOW KNOWN, SUSPECTED, OR CLAIMED, RELATING TO ANY INJURY INCIDENT, WHICH YOU EVER HAD, NOW HAVE, OR MAY IN THE FUTURE HAVE.

B2.3 Unknown Claims. California Civil Code section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree that you have read and understand this language. You specifically and expressly WAIVE any and all rights you may have under California Civil Code section 1542 (or any similar statute) as they relate to the release in this section. You acknowledge and agree that this waiver is an essential and material term of these Terms.

B2.4 Covenant. You covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against any ExcursionsJordan Party, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident. If any such prohibited action or proceeding is instituted, these Terms may be pleaded as a full and complete defense thereto.

B2.5. Third-Party Beneficiaries. The ExcursionsJordan Parties are expressly named as third-party beneficiaries to this Section B2. Each of the ExcursionsJordan Parties has the right to enforce this Section B2 against you as this Section B2 pertains to its respective rights as a third-party beneficiary.

B3 Liability Limitations.

B3.1 Waivers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL BE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY STATED HEREIN.

B3.2 Maximum. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IF GETYOURGUIDE IS HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING YOUR USE OF GETYOURGUIDE’S SERVICES, YOUR PARTICIPATION (OR NON-PARTICIPATION) IN AN ACTIVITY, OR AN INJURY INCIDENT), THEN GETYOURGUIDE’S LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SUM PAID TO GETYOURGUIDE IN CONNECTION WITH THE ACTIVITY GIVING RISE TO THE CLAIM (IF APPLICABLE), OR (B) TWO HUNDRED DOLLARS (US $200.00).

B3.3 Allocation of Risk. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS IN THIS SECTION B3 REPRESENT A REASONABLE ALLOCATION OF RISK AND THAT THE GETYOURGUIDE WOULD NOT ENTER INTO AN AGREEMENT ABSENT SUCH PROVISIONS. In no event shall we be liable to you for any acts or omissions of any Supplier.

B4 Arbitration.

Please read this Section B4 carefully, it may affect your rights. This section provides for resolution of most disputes through arbitration instead of court trials. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section B4 shall survive termination of your EJ Account.

B4.1 Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to the EJ Platform, our services, these EJ TERMS, and your relationship with us (or our subsidiary, parent or affiliate company or companies), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including the interpretation and scope of this arbitration clause and the arbitrability of a dispute (collectively, “Claims”). All Claims will be resolved by binding arbitration, unless expressly excluded from arbitration as set forth in Section B4.4.

B4.2 Opt Out. Notwithstanding Section B4.1, you may opt out of binding arbitration by following the Opt-Out Procedure here and mailing us a written notice, by the Opt Out Deadline. The opt-out notice must be postmarked no later than 30 calendar days after the earliest of (i) the date you first used the EJ Platform, (ii) the date you first used our services, or (iii) the date of your first transaction with us (“Opt Out Deadline”).

The written notice must be sent to the following address: ExcursionsJordan Legal Department, Jordan Aqaba. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.

B4.3 Governing Law for this Clause. The parties agree that these EJ GTC evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law.

B4.4 Excluded Claims. The following claims are not subject to binding arbitration and may be litigated in a judicial proceeding in a court of competent jurisdiction (as specified in Section B5): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger of the commission of a crime, hacking, or cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, either of us may take a claim to small claims court, if the claim qualifies for hearing by such a court, subject to the limitations specified in Section B5.

B4.5 Arbitration Process. For all disputes, whether pursued in court or arbitration, you must first send us a written description via a form available at [email protected] of your claim to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days of our receipt of the claim. The arbitration of any dispute or claim shall be conducted (i) before one neutral arbitrator, (ii) in English, (iii) under the Arbitration Rules of the International Chamber of Commerce (“ICC Rules”) together with the IBA Rules on the Taking of Evidence in International Commercial Arbitration (1999) (the “IBA Rules”) (where there is inconsistency, the IBA Rules shall prevail, but solely as regards the taking of evidence). Neither party is permitted to make any application pursuant to 28 U.S.C. § 1782. The arbitrator shall be empowered to award only those damages which are permitted in these EJ GTC, subject to any disclaimers or damages and liability limits set forth in these EJ GTC. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the

hearing shall be conducted in New York, New York, unless otherwise ordered by the arbitrator.

B4.6 Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this Section B4 will not apply to you. If you opt out of binding arbitration in accordance with Section B4.2, this class action waiver will not apply to you. Neither you, nor any other consumer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having opted out of binding arbitration in accordance with Section B4.2.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

B5 Governing Law. Except as specified in Section B4.3, these EJ GTC are governed by the laws of the State of New York, without regard to its conflict of laws rules.

B5 Venue. Any legal suit, action, or proceeding arising out of or related to these EJ GTC or our services (including (i) any proceeding initiated by a User who has opted out of binding arbitration in accordance with Section B4.2, and (ii) any small claims proceeding) shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Kings County, New York. Each party irrevocably consents to the personal jurisdiction of such courts and agrees that it is a convenient forum and that it will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

B6 Jury Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIA

Supplier Terms and Conditions

These Supplier Terms and Conditions (“Agreement”) are entered into between ExcursionsJordan For Tourism Marketing (“ExcursionsJordan”), located at Jordan Aqaba and its Affiliates, and Supplier. This Agreement incorporates the definitions in Exhibit A (“Definitions”) and the Platform Rules. Any capitalized term used in this Agreement will have the meaning assigned to it in Exhibit A or elsewhere in this Agreement. This Agreement governs the relationship between ExcursionsJordan and Supplier. The relationship between Supplier and a Customer is governed by the Supplier-Customer Contract.

1. ExcursionsJordan Platform.

ExcursionsJordan operates the ExcursionsJordan Platform. In connection with Supplier’s access and use of the ExcursionsJordan Platform, Supplier appoints ExcursionsJordan as its commercial agent for the purposes set forth herein. Using the ExcursionsJordan Platform, (i) Customers can purchase Services from Supplier through ExcursionsJordan acting as an commercial agent for Supplier, and (ii) Travel Agencies, concierges, or other entities may purchase Services from Suppliers for their clients. Supplier is responsible for acquiring and maintaining, at its own expense, all equipment and connectivity required to access the ExcursionsJordan Platform.

2. Supplier Administration Site.

Supplier may manage the Supplier Content, including Product Offers, on the ExcursionsJordan Platform using the Supplier Administration Site.

2.1. Account Creation.

Supplier will provide to ExcursionsJordan all information required by ExcursionsJordan to establish the Supplier Account. This includes (i) proof of insurance in accordance with Section 11 below, (ii) a current business license or registration, (iii) details regarding Supplier’s Payment Account, and (iv) other information as reasonably requested by ExcursionsJordan. Supplier will keep this information up-to-date via the Supplier Administration Site.

2.2. Login Credentials.

Supplier is responsible for maintaining the confidentiality and security of its Login Credentials and may not disclose the Login Credentials to any third party. Supplier is liable for all activities conducted in connection with its Supplier Account. Supplier must immediately notify ExcursionsJordan if Supplier knows or has reason to suspect that (i) its Login Credentials have been lost, stolen, misappropriated, or otherwise compromised or (ii) there has been actual or suspected unauthorized use of its Supplier Account.

3. Sale of Services on the ExcursionsJordan Platform.

3.1. Product Offers.

For each Service that Supplier wishes to sell via the ExcursionsJordan Platform, Supplier will upload a Product Offer using the Supplier Administration Site. The Product Offer must include all necessary information about the Services, including (i) suitability information (e.g. minimum age, , required skills or permits (such as a driver’s license), level of fitness, or inherent risks (including risks to persons with pre-existing medical conditions), (ii) logistical information (e.g. meeting point, meeting time, duration, and required or recommended clothing and equipment), and (iii) other information requested by ExcursionsJordan. Supplier shall ensure that all critical information is included in the “Important information” section of the Product Offer, If any logistical information is omitted from the Product Offer or ticket, Supplier shall provide this information to Customer as soon as possible. ExcursionsJordan reserves the right to introduce Content Modifications in line with ExcursionsJordan’s Content Guidelines.

3.2. Availability.

Supplier must keep the Product Offer, including Availability, up-to-date and accurate at all times. Supplier must delete any cancelled or invalid Product Offers immediately. Supplier is responsible for any Customer claim based on alleged or actual inaccuracies of the Product Offer, including Availability, or other Supplier Content.

3.3. Prices.

Supplier sets the Retail Price at which Services will be sold to Customers. The Retail Price for the Services stated in the Product Offer shall include Applicable Taxes. The Retail Price must include all expenses; ExcursionsJordan will not collect such amounts separately. The Product Offer must disclose the existence and amount of any fees, taxes, dues, commissions, or other amounts that will be collected on the day Services are provided. Supplier may not collect (or attempt to collect) from a Customer any fees, taxes, dues, commissions, or other amounts not disclosed in the Product Offer. ExcursionsJordan will display the Retail Price in Supplier’s preferred currency, and may, in its sole discretion, display the Retail Price in any other currency.

3.4. Conclusion of Contract.

When a Customer purchases Services via the ExcursionsJordan Platform, the Customer purchases Services directly from Supplier pursuant to the Supplier-Customer Contract, concluded on Supplier’s part by ExcursionsJordan acting as commercial agent of the Supplier in the name and on behalf of Supplier. Supplier appoints and authorizes ExcursionsJordan (and its Distribution Partners) as its commercial agent to conclude the Supplier-Customer Contract with Customers in the name and on behalf of the Supplier, manage and cancel Bookings, and make full or partial refunds to Customers, as set forth in this Agreement. ExcursionsJordan may decide to reject the conclusion of the Supplier-Customer Contract within its sole discretion (e.g. in the case of potential fraud or compliance concerns).

3.5. Payment Collection.

Supplier instructs ExcursionsJordan as its commercial agent to collect payments from Customers in the name and on behalf of Supplier, and Supplier agrees that ExcursionsJordan may from time to time acting in its sole discretion appoint such Sub-Commercial Agent as it sees fit to receive those payments directly from Customers and to make onward payment of those sums successfully received to Supplier. In particular, for any payment from a US Customer, Supplier appoints EJ Operations as its limited payment agent solely for the purpose of directly accepting such payments on behalf of Supplier and to make onward payment of those sums to ExcursionsJordan. Supplier agrees that receipt of payment for the sum due from a Customer by ExcursionsJordan, or its Sub-Commercial Agent (including EJ Operations), as applicable, shall extinguish Customer's payment obligation to Supplier. Supplier agrees that payment made by a Customer to ExcursionsJordan or its Sub-Commercial Agent (including EJ Operations), as applicable, through the ExcursionsJordan Platform shall be considered the same as a payment made directly to Supplier, and Supplier will provide Services to Customers in the agreed-upon manner as if Supplier had received the Customers’ funds directly. Supplier acknowledges and agrees that it shall have no recourse against a Customer once the funds are tendered to ExcursionsJordan or its Sub-Commercial Agent (including EJ Operations), as applicable. ExcursionsJordan uses a Payment Service Provider to process payments from Customers; in some cases a Distribution Partner and in certain countries an Affiliate may be appointed as a Sub-Commercial Agent. ExcursionsJordan will bear the credit card and banking fees for the receipt of payment from Customers, provided that ExcursionsJordan may charge Customers a foreign exchange fee if applicable. The payment will be collected in the currency indicated by Supplier in the Product Offer.

3.6. Changes.

Customers occasionally make mistakes when making Bookings. Subject to availability, ExcursionsJordan may change the date, time, language, or number of persons for a Booking up to two (2) hours after a Customer booked a Service. Such changes will be made at no charge to the Customer or to ExcursionsJordan.

3.7. Chargebacks and Disputes.

If a Chargeback or other payment failure occurs before Supplier provides a Service, ExcursionsJordan will inform Supplier and cancel the Booking. If a Chargeback occurs after Supplier provides a Service, ExcursionsJordan will ask Supplier to provide a response within three Business Days. ExcursionsJordan may forward Supplier’s response to the credit card issuer. Supplier acknowledges and agrees that ExcursionsJordan accepts payments from Customers as Supplier’s commercial agent, and that ExcursionsJordan’s obligation to pay Supplier is subject to and conditional upon successful receipt of the associated payments from Customers. In the event of a Chargeback or other failed payment, (i) ExcursionsJordan and its Sub-Commercial Agent will make no payment to Supplier for the affected Booking, (ii) ExcursionsJordan will receive no Commission for the affected Booking, and (iii) ExcursionsJordan may offset any amount already paid to Supplier for the affected Booking against any future payment under this Agreement. ExcursionsJordan and its Sub-Commercial Agent are not a party to the Supplier-Customer Contract, do not act as a guarantor for payment by Customers, and are not liable to Supplier in the event of Chargeback or other nonpayment by a Customer.

3.8. Cancellations; No Shows.

Supplier will not directly accept cancellations of Bookings from Customers; all cancellations must be made by a Customer through the ExcursionsJordan Platform or ExcursionsJordan customer service.

(a) During the Free Cancellation Period.

If a Customer cancels a Booking during the Free Cancellation Period, ExcursionsJordan will give the Customer a Full Refund. If ExcursionsJordan gives a Customer a Full Refund, pursuant to this section or for any other reason, (A) Supplier will receive no payment for the Booking, and (B) ExcursionsJordan will receive no Commission for the Booking.

(b) After the Free Cancellation Period.

If a Customer cancels a Booking after the Free Cancellation Period has ended, and there are no extenuating circumstances, the Booking will be treated as a Completed Booking for purposes of payment. If there are extenuating circumstances, ExcursionsJordan may give the Customer a Full Refund.

In the event that Supplier cancels Services because of a Force Majeure Situation, Supplier must notify ExcursionsJordan’s customer service department immediately. A Customer may cancel a Booking if a Force Majeure Situation occurs at the travel destination, regardless of whether Supplier continues to provide Services during the affected period of time. If Supplier or Customer cancels a Booking in connection with a Force Majeure Situation, ExcursionsJordan will give the Customer a Full Refund.

(d) No Shows.

If a Customer is a No Show and there are no extenuating circumstances, the Booking will be treated as a Completed Booking for purposes of payment. If there are extenuating circumstances, ExcursionsJordan may give the Customer a Full Refund.

3.9. Provision of Services.

Supplier will provide Services in accordance with the Product Offer, in good faith, and consistent with best practices and standards in the tours and activities industry. Supplier may subcontract performance of the Services only with the prior written consent of ExcursionsJordan.

3.10. Failure to Provide Services.

If Supplier cancels a Booking or otherwise fails to provide Services to a Customer as required by a Booking, ExcursionsJordan will give the Customer a Full Refund. Supplier acknowledges that its cancellation or other failure to provide Services damages ExcursionsJordan’s goodwill and reputation, and causes ExcursionsJordan to incur additional customer service expenses. Accordingly, if ExcursionsJordan determines that the cancellation or failure to provide Services was not justifiable (e.g. the result of a Force Majeure Situation), ExcursionsJordan may deduct a cancellation fee (as liquidated damages), equal to twenty-five percent of the Retail Price of the Services for each affected Customer, from any future payment due to Supplier hereunder. The Parties acknowledge and agree that it would be impractical to estimate the amount of any damages that could arise out of Supplier’s cancellation or other failure to provide Services, and agree that the amount of liquidated damages described above is a reasonable estimate of the actual damages that ExcursionsJordan would suffer and incur as a result of such cancellation or failure to provide Services. ExcursionsJordan may, at its sole discretion, opt not to deduct this amount, or to deduct a lesser amount, if Supplier provides an alternative but equivalent Service at the same date to the affected Customers. For the avoidance of doubt, a cancellation resulting from Supplier’s failure to provide accurate Availability information on the ExcursionsJordan Platform shall constitute a failure to provide Services for purposes of this section. In addition to the remedies stated above, ExcursionsJordan may terminate this Agreement for Supplier’s material breach if Supplier fails to provide Services as contracted.

4. Payment.

4.1. ExcursionsJordan’s Commission.

Supplier agrees to pay ExcursionsJordan a Commission for (i) use of the ExcursionsJordan Platform, (ii) marketing performed by ExcursionsJordan, (iii) customer service performed by ExcursionsJordan, (iv) ExcursionsJordan’s brokering of transactions between Supplier and Customers, and (v) other services performed hereunder by ExcursionsJordan. ExcursionsJordan’s Commission is a percentage of the Retail Price for a Booking, as specified in the Supplier Account. Supplier agrees to keep the amount of Commission confidential. The Commission will be deducted from the Retail Price charged to Customers in the agreed currency.

4.2. Payment to Supplier.

At Supplier’s option, ExcursionsJordan will make payments to Supplier either once per month or twice per month.

(a) Payment Once Per Month.

This section is applicable if Supplier chooses to be paid once per month. By the fifth Business Day of each month, ExcursionsJordan will transfer an amount to the Supplier’s Payment Account equal to (i) the total amount collected from Customers for Completed Bookings occurring in the prior month, less (ii) applicable Commission.

(b) Payment Twice Per Month.

This section is applicable if Supplier chooses to be paid twice per month. By the fifth Business Day of each month, ExcursionsJordan will transfer an amount to the Supplier’s Payment Account equal to the total amount collected from Customers for Completed Bookings occurring in the Second Half of the prior month, less (i) applicable Commission, and (ii) a 2% processing fee. By the twentieth Business Day of each month, ExcursionsJordan will transfer an amount to the Supplier’s Payment Account equal to the total amount collected from Customers for Completed Bookings occurring in the First Half of that month, less (a) applicable Commission and (b) a 2% processing fee.

4.3. Transaction Fees; Deductions.

ExcursionsJordan shall pay the transaction fees charged by ExcursionsJordan’s or its Sub-Commercial Agent’s financial institution to transfer amounts to Supplier’s Payment Account. Supplier will bear any fees charged by Supplier’s own financial institution for the receipt of payments from ExcursionsJordan or its Sub-Commercial Agent. ExcursionsJordan or its Sub-Commercial Agent may deduct from any payment to Supplier the costs of refunds made to Customers, replacement services provided to Customers, or other amounts Supplier is required to pay or reimburse an EJ Party under this Agreement.

4.4. Taxes.

Supplier is solely responsible for determining its obligations to report, collect, remit or include in its Product Offers any Applicable Taxes and for remitting any Applicable Taxes to the appropriate governmental entity. If Supplier requires ExcursionsJordan to collect Applicable Taxes on Supplier’s behalf, Supplier will inform ExcursionsJordan regarding the applicable rate(s) and the Parties will cooperate to establish a method for such collection. If at any time ExcursionsJordan determines that it is required to collect or deduct Applicable Taxes relating to Services, either on its own or on Supplier’s behalf, it will inform Supplier and collect or deduct such Applicable Taxes. Upon request from a EJ Party, Supplier will within five business days (i) provide that entity with Supplier’s valid tax identification or registration numbers, including where requested any business registration number, to demonstrate that Supplier is a registered taxpayer in applicable jurisdictions where Services are taxable, (ii) issue a valid tax invoice to that entity in relation to any specified Services, (iii) provide documentation to that entity substantiating that Supplier remitted tax on Services (including copies of returns, workpapers, and supporting transaction data reports), and (iv) provide other cooperation to that entity as requested to confirm Supplier’s compliance with tax obligations. Such information requests may be made directly to the Supplier or via the Supplier Administration Site. Any failure to comply with the requirements of this section may result in the temporary or permanent suspension of Supplier’s Services from the ExcursionsJordan Platform.
In the event Applicable Law in a jurisdiction imposes VAT (or other Applicable Tax) on Commission, ExcursionsJordan will deduct the amount of such VAT (or other Applicable Tax) from payments due to the Supplier, in addition to the Commission. Supplier is responsible for determining if any tax credit is available under Applicable Law for payment of this VAT (or other Applicable Tax) on Commission.

4.5. Statement.

ExcursionsJordan will provide Supplier a statement (“Statement”), once per payment period, showing (i) the total number of Completed Bookings during the payment period, (ii) the total amount collected from Customers on Supplier’s behalf for Completed Bookings, (iii) the total amount transferred to Supplier’s Payment Account for those Completed Bookings, (iv) the services performed by ExcursionsJordan (“Commission”) and (v) the amount of sales or other taxes collected and remitted on Supplier’s behalf (if any). The Statement is the basis for payout by ExcursionsJordan. Point (iv) serves as the invoice ExcursionsJordan issues for the Supplier in relation to the services provided ("Commission Invoice"). Unless Supplier provides written notice to ExcursionsJordan of a good faith dispute with regard to a Statement within thirty (30) days of receipt thereof, including reasonable detail in support of such dispute, such Statement will be deemed accepted. After such period, adjustments for discrepancies will be made in ExcursionsJordan’s sole discretion. Without prejudice to the foregoing, no dispute may be raised, and no claim, action or proceedings may be brought, against ExcursionsJordan in respect of any payment-related matter after (a) the expiry of one (1) year from the date on which the payment at issue is due (or alleged to be due), or (b) where more than one payment is at issue, the expiry of one (1) year from the date on which the first of such payments at issue is due (or alleged to be due).

4.6. Payment Accrual.

Notwithstanding anything else to the contrary in this Agreement, ExcursionsJordan and its Sub-Commercial Agent may postpone and accrue payments due to Supplier hereunder until the total amount payable is equal to at least $50.00 (or an equivalent amount in the specified currency). ExcursionsJordan will transfer any accrued and unpaid amount to Supplier upon any termination of this Agreement.

5. Customer Relations.

5.1. Customer Communications.

Supplier may not directly or indirectly (i) encourage a Customer to book a service outside the ExcursionsJordan Platform, (ii) refer a Customer to any other website or platform, including Supplier’s own website or platform, or (iii) take any other action to circumvent the ExcursionsJordan Platform or the payment of Commission. If prospective customers, who initiated communication through the ExcursionsJordan Platform, ask to book a Service outside the ExcursionsJordan Platform, Supplier will refer them to the ExcursionsJordan Platform.

5.2. Communication Tools.

Supplier shall handle all Customer inquiries received through the ExcursionsJordan Platform exclusively using the Communications Tools. Supplier may not provide or suggest alternative communication methods (i) in any Supplier Content, (ii) in any forum available via the ExcursionsJordan Platform, or (iii) via the Communication Tools. Supplier must check its messages via the Communication Tools at least once per day, and shall respond to Customer inquiries within the following timelines:

Customer contacts Supplier more than 7 days before the Services are scheduled to begin: Supplier must reply to Customer within 48 hours.
Customer contacts Supplier between 2 and 7 days before the Services are scheduled to begin: Supplier must reply to Customer within 24 hours.
Customer contacts Supplier less than 2 days before the Services are scheduled to begin: Supplier must reply to Customer before the Services begin.

Supplier must respond to inquiries made directly by ExcursionsJordan within 24 hours. Supplier may not use the Communications Tools provided on the ExcursionsJordan Platform to (a) distribute unsolicited commercial messages or promotions; (b) contact a Customer for any purpose unrelated to a Service, including recruiting or soliciting the Customer to join third-party services, applications or websites; (c) make or accept a booking that circumvents the payment of Commission; (d) request or accept a payment for Services not using the ExcursionsJordan Platform; or (e) transmit Prohibited Content. Supplier acknowledges that messages sent using the Communications Tools may be monitored for quality control purposes and stored by ExcursionsJordan, and that Supplier has no expectation of privacy with regard to such messages. ExcursionsJordan may delete any message that violates this Agreement.

5.3. Invoices.

Upon request by a Customer, Supplier will provide the Customer an invoice for Services via the Communication Tools. The invoice must comply with all applicable tax requirements.

5.4. Service Levels.

Supplier agrees that the rates, availability, amenities, and restrictions for Services offered via the ExcursionsJordan Platform will be equal to or better than those made available through Supplier’s own or any other online booking platform. Customers who book a Service through the ExcursionsJordan Platform will be treated at least as well as customers that book through Supplier’s own or any other online booking platform.

5.5. Tickets and Receipts.

Supplier must accept customer tickets generated by ExcursionsJordan, including both tickets printed on paper and tickets displayed on smart phones or other mobile devices. If requested, Supplier must provide each Customer a receipt for Services. The receipt must comply with all applicable tax requirements.

5.6. Personnel Conduct.

Supplier is solely responsible for the conduct of its personnel in connection with Customers or other persons. Supplier shall not, and shall ensure that its personnel shall not, discriminate against or harass any Customer on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

5.7. Customer Requests

Supplier will handle and respond to requests or complaints from Customers regarding the Services, complaints about Supplier personnel, and requests for refunds. In the event Supplier fails to respond to a Customer complaint within three Business Days, ExcursionsJordan will give the Customer a Full Refund. In addition, an EJ Party will (i) offer customer support services to the Customer, (ii) act as an intermediary between Supplier and the Customer, (iii) answer and reply on behalf of the Supplier via the Customer service portal, social media or, if applicable, the communication channels provided on the Supplier Detail Page. In the event of Supplier’s noncompliance with the service levels in Section 5.4 or any material irregularity, complaint, or nonconformity with a Product Offer, an EJ Party may at its sole discretion (a) give the Customer a Full Refund or partial refund and/or (b) provide the Customer alternative services (of an equal or better standard than the Services) and deduct the cost of such replacement services from a future payment to Supplier. If an EJ Party gives a Customer a partial refund, the amount paid to Supplier (and the Commission retained by ExcursionsJordan) will be reduced accordingly.

5.8. Reviews.

After a Booking has been completed, the Customer will have the opportunity to review the Services on the ExcursionsJordan Platform using ExcursionsJordan's review system. The aim of the review system is to gather meaningful and accurate feedback regarding the Services and Supplier in areas such as performance, reliability, and trustworthiness. Reviews can be viewed by any user of the ExcursionsJordan Platform. All review content is the exclusive property of ExcursionsJordan or the applicable EJ Party. Supplier may not use or distribute any reviews from the ExcursionsJordan Platform without the prior written consent of ExcursionsJordan. Customer reviews are not verified by ExcursionsJordan for accuracy. Supplier is prohibited from manipulating the review system in any manner, such as writing a review about Services or instructing a third party to do so.

6. Marketing.

6.1. ExcursionsJordan Obligations.

ExcursionsJordan will promote and market the Services in its sole discretion, and will bear the cost of its promotion and marketing efforts. In order to promote the Services, ExcursionsJordan may use the Supplier Content and Supplier Marks in offline and online marketing, including email marketing and pay-per-click advertising. ExcursionsJordan will, in its sole discretion, determine whether and how to promote the Services and Product Offers on the ExcursionsJordan Platform or elsewhere, including position and ranking in search results. Notwithstanding anything to the contrary herein, ExcursionsJordan may offer a Service at a price lower than the Retail Price stated in a Product Offer, provided that (i) the offer is limited to members of a Closed User Group and/or relating to a special event (e.g. public holiday or otherwise relevant event) and (ii) the full amount of the discount is deducted from the Commission that would normally be paid by Supplier.

6.2. Supplier Obligations.

Supplier must offer Services under its generally-used company and brand name. The Product Offer or other Supplier Content may not state or convey the impression, directly or indirectly, that (i) ExcursionsJordan provides the Services, (ii) ExcursionsJordan has tested the quality of the Services, or (iii) ExcursionsJordan otherwise endorses Supplier or the Services.

6.3. Supplier Communications.

Supplier shall not directly or indirectly (e.g. through an affiliate or agent) engage in any marketing, promotional, or similar communications with any Customer without such Customer’s prior consent. Without limiting the foregoing, Supplier shall not include any marketing or promotional content in any confirmation or other communication sent to Customers. Supplier acknowledges that the transmission of communications in violation of this section constitutes both a material breach of this contract as well as a potential violation of GDPR.

7. Compliance.

Supplier shall render all Services in compliance with all Applicable Laws, including (i) fire and safety laws, (ii) consumer protection laws, (iii) information and consultation laws, (iv) licensing laws, (v) health and hygiene laws and regulations (including any laws or regulations relating to COVID-19 or other communicable diseases), and (vi) other laws related to the Services or Supplier’s business. Upon request by a EJ Party, Supplier will provide within five business days (i) copies of registrations, licenses, permits, approvals, and authorizations, and (ii) documentation demonstrating compliance with Applicable Law. In the event of alleged non-compliance of the Services, Supplier shall promptly cooperate, at its own expense, with any investigation by administrative authorities or associations.

8. Intellectual Property.

8.1. Supplier Content.

Supplier grants to ExcursionsJordan a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the Supplier Content including (i) on or through the ExcursionsJordan Platform, (ii) in online and offline marketing materials, and (iii) as otherwise contemplated by this Agreement or agreed by the Parties. Supplier is solely responsible for the Supplier Content, and may provide only Supplier Content that it either owns or otherwise has the right to provide to ExcursionsJordan under the terms of this Agreement. Supplier shall not provide Supplier Content that is, contains, or references Prohibited Content. ExcursionsJordan may remove from the ExcursionsJordan Platform any Supplier Content that, in ExcursionsJordan’s good faith determination, does or may violate this Agreement or Applicable Law. Alternately, ExcursionsJordan may request Supplier to correct any such non-conforming Supplier Content within two days of notice. To assist consumers who speak different languages, ExcursionsJordan may translate (or have translated) Supplier Content, in whole or in part, into other languages. ExcursionsJordan cannot guarantee the accuracy or quality of such translations. If Supplier becomes aware of an inaccuracy in a translated version of a Product Offer or other Supplier Content, Supplier shall inform ExcursionsJordan immediately. ExcursionsJordan will on a regular basis sublicense Supplier Content to Distribution Partners.

8.2. Supplier Marks.

Supplier grants to ExcursionsJordan a non-exclusive, sublicensable (through one or more tiers), paid-up, royalty-free license to use the Supplier Marks to market the Services. ExcursionsJordan’s use of the Supplier Marks shall inure solely to the benefit of Supplier and will not create any right, title, or interest for ExcursionsJordan in the Supplier Marks other than the license granted under this Agreement.

8.3. Retention of Rights.

The Supplier Content and Supplier Marks, and all worldwide Intellectual Property Rights therein, are the exclusive property of Supplier (and its suppliers). All rights in and to the Supplier Content and Supplier Marks not expressly granted to ExcursionsJordan in this Agreement are reserved by Supplier (and its suppliers).

8.4. ExcursionsJordan Materials.

The ExcursionsJordan Content and ExcursionsJordan Platform, and all worldwide Intellectual Property Rights therein, are the exclusive property of ExcursionsJordan (and its suppliers). Supplier may not use, copy, store, reproduce, adapt, translate, modify, distribute, publicly display, publicly perform, transmit, or otherwise exploit any ExcursionsJordan Content, or any ExcursionsJordan trademark, logo, or slogan during or after the term of this Agreement, without ExcursionsJordan’s prior written consent.

8.5. Restrictions.

Supplier agrees not to directly or indirectly (i) use any robot, spider, crawler, scraper or other automated means or process to access, collect data or other content from, or otherwise interact with the ExcursionsJordan Platform for any purpose; (ii) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented to protect the ExcursionsJordan Platform; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the ExcursionsJordan Platform; or (iv) take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the ExcursionsJordan Platform.

9. Representations and Warranties.

9.1. Mutual.

Each Party represents and warrants that: (i) the person executing this Agreement on its behalf is authorized to bind it to this Agreement; and (ii) this Agreement constitutes a valid and binding obligation enforceable against it in accordance with its terms.

9.2. By Supplier.

Supplier represents and warrants that (i) it is the owner of the Supplier Content, or otherwise has the right to provide the Supplier Content to ExcursionsJordan under this Agreement; (ii) the Supplier Content does not violate any Applicable Law or the Intellectual Property Rights or privacy rights of any third party; (iii) all information with regard to any Product Offer is and shall remain to be true, accurate, and not misleading; (iv) all Services shall be rendered in compliance with, and Supplier shall operate its business in compliance with, Applicable Law and industry-standard safety standards; (v) Supplier has and will maintain during the term of this Agreement (and thereafter until all Bookings have been fulfilled) all registrations, licenses, permits, approvals, and authorizations required by Applicable Law relating to Supplier’s business and the provision of Services; and (vi) any Supplier personnel providing Services possess sufficient skills, training, qualifications, experience, licenses, and permits to perform those Services in a professional manner consistent with Applicable Law and industry best practices.

9.3. Disclaimers.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ACTIVITIES AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. The ExcursionsJordan Platform and ExcursionsJordan Content are provided “as is,” without warranty of any kind, either express or implied. ExcursionsJordan does not warrant that (i) the ExcursionsJordan Platform will meet all of Supplier’s requirements or that performance of the ExcursionsJordan Platform will be uninterrupted, virus-free, secure, or error-free, or (ii) the ExcursionsJordan Content will be complete, accurate, or free from technical defects or changes by unauthorized third parties. ExcursionsJordan is not responsible for the accuracy or completeness of Customer-related data. ExcursionsJordan does not guarantee that Supplier will sell a minimum amount of Services through the ExcursionsJordan Platform. ExcursionsJordan reserves the right to change, supplement or remove the contents of the ExcursionsJordan Platform, as well as its structure and function, at any time without notice at its own discretion.

10. Mutual Indemnification.

The Indemnifying Party shall defend, indemnify, and hold the Indemnified Party harmless from and against any and all liabilities, damages, fines, penalties, settlements, losses, and expenses, of whatever kind (including legal and accounting fees, court costs, and taxes) incurred or suffered in connection with a Covered Claim. The Indemnifying Party shall assume the defense of such claim at its own expense, as soon as such claim is tendered, using counsel reasonably satisfactory to the Indemnified Party, and shall pay all costs associated with the defense, including attorneys’ fees. The Indemnifying Party shall have full control over such defense, including any settlement discussions or agreement. Notwithstanding the foregoing, the Indemnified Party (i) may participate at its own expense in the defense of, and any settlement discussions relating to, such claim, and (ii) shall have the right to approve any settlement agreement purporting to bind the Indemnified Party, provided however that such approval shall not be unreasonably withheld.

11. Insurance.

During the term of this Agreement (and thereafter until all Remnant Bookings have been fulfilled), Supplier shall maintain a comprehensive general liability insurance covering risks related to Supplier’s business and the Services. The policy will be written on an occurrence form for an appropriate value in light of the nature of the Services, Supplier’s location, and industry standards. The policy must extend to indemnification claims tendered by the EJ Parties. If one or more automobiles is used in the performance of Services, Supplier shall maintain automobile liability insurance (i) with limits of not less than US$1 million (or an equivalent amount in Supplier’s local currency) combined single limit per accident if the Services are provided in the United States, Canada, or Australia, or (ii) if the Services are provided in another country, at limits and scope of coverage no less than the compulsory requirements for the country where the Services are provided. On ExcursionsJordan’s request, Supplier will add the EJ Parties as additional insureds to such insurance policies. Supplier must upload via the Supplier Administration Site (i) certificates of insurance as evidence that the required insurance is in effect, and (ii) a new certificate of insurance whenever Supplier changes its insurance or the prior certificate expires. Supplier must inform ExcursionsJordan regarding any change in the required insurance policies, including non-renewal thereof. Upon request, Supplier shall provide ExcursionsJordan a copy of the applicable insurance policy and proof of payment of the relevant premiums.

12. Liability.

ExcursionsJordan shall be liable to Supplier solely for (i) any damage to Supplier due to ExcursionsJordan’s willful or grossly negligent act, (ii) any damage to Supplier‘s life, body, or health due to ExcursionsJordan’s simple negligence, and (iii) any damages to Supplier due to ExcursionsJordan’s breach of its material obligation under the Agreement. In case of ExcursionsJordan’s breach of its material obligation due to simple negligence, ExcursionsJordan’s liability shall be limited to foreseeable damages typical for the type of contract. For purposes of this section, the term “material obligation” is any obligation whose fulfilment is essential for ExcursionsJordan’s proper performance of this Agreement and on whose compliance Supplier may regularly rely. Any further liability for damages is excluded. Without limiting the foregoing, ExcursionsJordan shall not be liable for damages which occur due to interruptions or restrictions of the operation of the ExcursionsJordan Platform due to necessary maintenance work, force majeure, or other events for which ExcursionsJordan is not responsible. ExcursionsJordan shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen if proper and regular data backup measures had been taken. In no event shall ExcursionsJordan be liable to Supplier for any acts or omissions of any Distribution Partner. Supplier’s sole and exclusive remedies with regard to the acts or omissions of any Distribution Partner is to terminate this Agreement in accordance with Section 14.2.

13. Data Protection.

13.1. Data Protection.

With regard to Customer Personal Data, both ExcursionsJordan and Supplier act separately as data controllers. Customer Personal Data collected by ExcursionsJordan may only be transferred to Supplier to the extent necessary for the performance of the Services. Supplier shall comply with all Data Protection Laws when processing (including accessing, collecting, storing, transmitting, and transferring) Customer Personal Data. Supplier shall maintain adequate security procedures and controls to prevent the unintended disclosure of, the unauthorized access to, or misappropriation of, any Customer Personal Data. Upon ExcursionsJordan’s request, Supplier will provide evidence that Supplier has established and maintains technical and organizational security measures governing the processing of Customer Personal Data in accordance with this section.

13.2 Payment Processing.

Supplier authorizes the Payment Service Provider, and any other third party authorized by ExcursionsJordan, to process data required to transfer funds to and from Supplier accounts, or as otherwise required to operate the ExcursionsJordan Platform.

13.3. Development.

ExcursionsJordan may transfer data relating to Supplier to Distribution Partners and third parties as necessary to further develop the ExcursionsJordan Platform (including its interfaces to third party products and services) and to promote the Services. For example, ExcursionsJordan may transfer the necessary data to (i) promote the Services via a third party’s web mapping service, listing service, search engine service, or digital assistant, or (ii) develop and implement relevant interfaces between the ExcursionsJordan Platform and such products and services.

14. Term and Termination.

14.1. Term.

This Agreement shall remain in effect until terminated in accordance with its terms. Neither Party shall be liable to the other for any damages resulting solely from termination as permitted herein.

14.2. Termination for Convenience.

Either Party may terminate this Agreement at any time for convenience effective upon 30 days notice. A termination can be done automatically by using the appropriate function in the Supplier Account. Remaining confirmed bookings shall be executed as planned or otherwise treated according to Section 14.5.

14.3. Termination for Cause.

Either Party may terminate this Agreement by written notice to the other if the other Party breaches or is in default of any obligation hereunder which breach or default is incapable of cure or which, being capable of cure, has not been cured within fifteen (15) days after receipt of notice of such breach or default (or such additional cure period as the non-defaulting Party may authorize in writing).

14.4. Other Remedies.

In addition to the remedies stated above, if ExcursionsJordan reasonably believes that Supplier is in breach of this Agreement, or that Customers or other suppliers are at risk from Supplier’s actions, ExcursionsJordan may take one or more of the following actions: (i) issue a warning to Supplier; (ii) remove Product Offers or other Supplier Content from the ExcursionsJordan Platform; (iii) temporally restrict Supplier’s use of the ExcursionsJordan Platform; (iv) cancel some or all Bookings and give any affected Customers a Full Refund, regardless of the normal cancellation policies; and (v) stop accepting Bookings. In addition, if ExcursionsJordan determines that the Services are associated with an excessive number of Chargebacks or fraudulent transactions, ExcursionsJordan may temporarily remove the associated Product Offers.

14.5. Effect of Termination.

The terms of this Agreement, except Sections 2.2, 3.6, 6.1 14.2, and 14.3, shall remain in effect until all Remnant Bookings are resolved (i.e. all Remnant Bookings have either become Completed Bookings or have been cancelled), provided however that ExcursionsJordan shall make no new Bookings after the termination date of this Agreement. At ExcursionsJordan’s option, it may cancel some or all Remnant Bookings and offer affected Customers either a Full Refund or alternative services. Any Remnant Booking that is not cancelled will be performed as scheduled. Sections 8.1 and 8.2 will survive termination of this Agreement for 90 days with respect to materials provided to Distribution Partners or marketing partners. Once all Remnant Bookings are resolved, ExcursionsJordan will remove all Supplier Content and Supplier Marks from the ExcursionsJordan site, and Sections 4.4, 8.1 (solely with regard to marketing materials created prior to the termination of the Agreement), 8.3, 8.4, 9.3, 10, 12, 13, 14.5, 17.2, 17.7-17.9, and Exhibit A shall continue to survive termination of this Agreement.

15. Travel Agencies.

Notwithstanding anything to the contrary herein, certain Distribution Partners included in the ExcursionsJordan Platform may operate as Travel Agencies. For sales made via Travel Agencies, (i) the Customer purchases Services from the Travel Agency, (ii) the purchase may be governed by the Travel Agency’s terms and conditions, (iii) the Travel Agent may collect payment from the Customer (in which case the Travel Agent will act as a payment collection agent for Supplier, and the first three sentences of Section 3.5 and the third sentence of Section 3.7 shall apply to the Travel Agent instead of ExcursionsJordan), (iv) the Travel Agent may, in lieu of ExcursionsJordan, provide customer service to Customers, including giving partial or full refunds or providing alternative services, (v) the Retail Price shall be the amount collected by ExcursionsJordan from the Travel Agency, and (vi) the phrases “charged to Customers” and “collected from Customers” in Section 4 shall be deemed to mean “charged to Travel Agents” and “collected from Travel Agencies,” respectively.

16. Connectivity.

16.1. Connectivity Partners.

If Supplier chooses to work with a Connectivity Partner to connect to ExcursionsJordan’s systems, this section shall apply. Supplier agrees that ExcursionsJordan may send Supplier’s Confidential Information and information about Bookings to the Connectivity Partner. Supplier will (i) obtain for ExcursionsJordan the right to use the Connectivity Partner’s API as required for this Agreement; (ii) require the Connectivity Partner to provide Supplier and ExcursionsJordan all technical support necessary to ensure the error-free operation of the API; (iii) ensure that the Connectivity Partner will not charge ExcursionsJordan any fees; (iv) require the Connectivity Partner to execute a confidentiality agreement with Supplier that extends to ExcursionsJordan’s Confidential Information, and is at least as protective of ExcursionsJordan’s Confidential Information as the provisions of this Agreement; (v) ensure that the Connectivity Partner does not use any of ExcursionsJordan’s Confidential Information or any information transmitted between ExcursionsJordan and Supplier via the API, (a) for any competitive purpose, (b) to perform data analytics, or (c) for any purpose other than to enable ExcursionsJordan to provide the services described in this Agreement; (vi) ensure that the Connectivity Partner maintains all safeguards required by best practices against the destruction, loss, alteration, unauthorized access, or disclosure of any information passed between ExcursionsJordan and Supplier via the API; and (vii) enter into an industry standard data processing agreement with the Connectivity Partner, if required. Supplier agrees that ExcursionsJordan will not be responsible for any losses or damages arising from or in connection with any failure of connectivity or the acts or omissions of the Connectivity Partner. In case Supplier chooses to grant access to a Connectivity Partner to manage their Supplier Content, the Supplier's obligations shall also apply to the Connectivity Partner.

16.2. Supplier API.

If Supplier chooses to connect to ExcursionsJordan’s systems via Supplier’s own API, this section shall apply. Supplier (i) hereby grants ExcursionsJordan the right to use the Supplier’s API as required for this Agreement; (ii) will provide ExcursionsJordan all technical support necessary for the error-free operation of Supplier’s API; and (iii) will maintain all safeguards required by best practices against the destruction, loss, alteration, unauthorized access or disclosure of any information passed through its API.

17. General.

17.1. Non-Exclusive Relationship.

The relationship between Supplier and ExcursionsJordan is non-exclusive. Supplier may sell services through other marketplaces (including competitors of ExcursionsJordan), and ExcursionsJordan may promote and offer services substantially similar to or competitive with Services.

17.2. Governing Law.

This Agreement shall be governed by and construed in accordance with the provisions of German law under exclusion of its conflict of law rules. The place of performance and exclusive legal venue for any disputes arising from or in connection with the performed services shall be Berlin provided that the Supplier is a merchant or legal person under public law or has no place of business or domicile in the Federal Republic of Germany.

17.3. Amendments.

ExcursionsJordan may deliver proposed amendments to this Agreement to Supplier by any reasonable means (including via email, via the Communication Tools, or via a notice on the Supplier Administration Site) at least four weeks prior to the proposed Amendment Effective Date. Supplier may reject a proposed amendment by sending a notice of rejection to ExcursionsJordan, in the manner specified, before the proposed Amendment Effective Date. If Supplier does not send such a notice of rejection to ExcursionsJordan before the proposed Amendment Effective Date, Supplier shall be deemed to have agreed to the proposed amendment. Except as set forth in this section, all amendments or modifications to this Agreement must (i) be in writing, (ii) refer to this Agreement, and (iii) be executed by an authorized representative of each Party.

17.4. Assignment.

Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, (i) either Party may assign this Agreement in its entirety, without consent of the other Party, (a) to an affiliate of that Party, or (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other Party, and (ii) ExcursionsJordan may delegate or assign any right or remedy under this Agreement to a EJ Party. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their successors and permitted assigns.

17.5. Notices.

Any notice under this Agreement will be in writing and delivered by personal delivery, overnight courier, confirmed facsimile, confirmed email, or certified or registered mail. In addition, ExcursionsJordan may send notices to Supplier using the Communication Tools. Notices will be sent to a Party at its address set forth in this Agreement or such other address as that Party may specify in writing pursuant to this section.

17.6. Force Majeure.

If either Party is prevented from performing any of its duties or obligations hereunder in a timely manner by a Force Majeure Situation, the afflicted Party, upon giving prompt notice to the other Party, shall be excused from such performance (i) to the extent that the afflicted Party is prevented from performing such duties or obligations, (ii) for the duration of the disruption caused by the Force Majeure Situation. If a Force Majeure Situation detrimentally affects a Party’s performance for fourteen days or longer, the other Party may terminate this Agreement.

17.7. Interpretation.

In this Agreement, (i) “including” means “including but not limited to,” and (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things. Captions and section headings used in this Agreement are for convenience only and are not a part of this Agreement and shall not be used in construing it. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Each Party has participated equally in the preparation and negotiation of this Agreement, and waives to the fullest extent permitted by law any rule of interpretation or construction requiring that this Agreement be interpreted or construed against the drafting Party.

17.8. Confidentiality.

Each Party agrees that it will not use or disclose to any third party any Confidential Information disclosed to it by the other except (i) as permitted in this Agreement, or (ii) as required by a court or other governmental authority. ExcursionsJordan may disclose Confidential Information to the EJ Parties. Each Party will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control, which will in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance.

17.9. Miscellaneous.

The Parties are independent contractors, and no partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement. ExcursionsJordan and any subagents disclaim, and Supplier waives, any duty arising from the creation of an agency relationship (including any duty of loyalty or care), to the maximum extent permitted by Applicable Law. Except as otherwise expressly provided herein, all remedies provided for herein are cumulative, in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. The EJ Parties are expressly named as third party beneficiaries to this Agreement, and each of the EJ Parties has the right to enforce this Agreement against Supplier as this Agreement pertains to its respective rights as a third party beneficiary, including the service levels specified in Section 5.4. Except as provided in this section, all rights and obligations of the parties hereunder are personal to them and this Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. This Agreement sets forth the entire understanding and agreement of the Parties, and supersedes (i) any and all oral or written agreements or understandings between the Parties, as to the subject matter of the Agreement, and (ii) any terms and conditions governing the use of Supplier’s or a Connectivity Partner’s API. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Exhibit A: Definitions

Affiliate	means any subsidiary or affiliate within the meaning of Section 15 German Stock Corporation Act (Aktiengesetz) of ExcursionsJordan, including but not limited to EJ Operations.
Amendment Effective Date	means the date a proposed amendment will enter into force.
Applicable Law	means any (i) applicable local, state, provincial, national, or other law or regulation, and (ii) Relevant Requirements.
Applicable Taxes	means any and all sales, use, excise, value added (VAT), consumption, or other tax, duty, imposition, levy, fee or charge, however designated, imposed or collected by any governmental entity, whether currently in effect or adopted or implemented thereafter, but excluding any income-based tax applicable to ExcursionsJordan.
Booking	means a purchase of Services by a Customer via the ExcursionsJordan Platform.
Business Day	means Monday through Friday of each week, except for holidays observed in Berlin, Germany.
Chargeback	means a credit card chargeback or any other reversal of a transfer of funds.
Closed User Group	means a group of consumers that share one or more characteristics for purposes of promotions and marketing, as determined by ExcursionsJordan.
Commission	means the portion of the Retail Price of Services retained by ExcursionsJordan for (i) use of the ExcursionsJordan Platform, (ii) marketing performed by ExcursionsJordan, (iii) customer service performed by ExcursionsJordan, (iv) ExcursionsJordan’s brokering of transactions between Supplier and Customers, and (v) other services performed hereunder by ExcursionsJordan.
Communication Tools	means the tools provided on the ExcursionsJordan Platform to enable communication (i) between Supplier and a Customer or (ii) between ExcursionsJordan and Supplier.
Completed Booking	means a Booking which has resulted in the actual provision of Services by the Supplier to the Customer.
Confidential Information	means information about the disclosing Party’s business, products, technologies, strategies, customers, finances, operations or activities, including all business, financial, technical and other information disclosed by the disclosing Party. Confidential Information will not include information that the receiving Party can establish (i) is in or enters the public domain without breach of this Agreement, (ii) the receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation or (iii) the receiving Party knew prior to receiving such information from the disclosing Party.
Connectivity Partner	means a third party who operates a service to connect Supplier’s systems to the ExcursionsJordan Platform, to facilitate the acceptance and management of Bookings.
Content Modifications	means all adaptations, translations, or other modifications that ExcursionsJordan makes (or has made by third parties) to the Supplier Content.
Covered Claim	means (i) when ExcursionsJordan is the Indemnifying Party, any third-party claim, suit, demand, action, audit, or investigation brought against Supplier arising out of or related to the ExcursionsJordan Content, including any allegation that the ExcursionsJordan Content infringes any third party rights, and (ii) when Supplier is the Indemnifying Party, any third-party claim, suit, demand, action, audit, or investigation brought against a EJ Party arising out of or related to (a) Supplier’s breach of this Agreement or improper use of the ExcursionsJordan Platform, (b) Supplier’s interaction with any Customer, (c) the Services or any injury, death, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind occurring or arising in connection therewith, (d) a Customer’s passenger rights, travel law rights, package travel directive rights, or similar rights or remedies, (e) Supplier’s violation of Applicable Laws or third party rights, (f) the Supplier Content or Supplier Marks, including any allegation that the use of the Supplier Content or Supplier Marks by the EJ Parties as permitted by this Agreement infringes any third party rights, or (g) any failure to collect or remit, or any erroneous collection or remission of, any sales, value-added, or other taxes.
Customer	means an end-user of the ExcursionsJordan Platform.
Customer Personal Data	means the name, mailing address, telephone number, e-mail address, credit card information, IP address, order and order processing information, and any other non-public, identifying information about Customers available to Supplier as a result of Supplier’s relationship with ExcursionsJordan or any purchase of Services by Customers.
Data Protection Laws	means any applicable law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) that relates to the protection of individuals with regards to the processing of personal data, including GDPR and all laws promulgated thereunder.
Dispute	means any and all disagreements, controversies, or claims of any sort between the Parties arising out of, or in any way relating to, this Agreement, any of the Parties’ respective rights and obligations arising out of this Agreement, or the making, performance, breach, interpretation, or termination of this Agreement, including any claims based in tort.
Distribution Partner	means a third party with whom ExcursionsJordan has a contract for the distribution and sale of tours or activities.
First Half	means the 1st through the 15th of a month.
Force Majeure Situation	means circumstances beyond a person or entity’s reasonable control, including earthquakes, floods, fires, other natural catastrophes, acts of war (whether declared or not), acts of terrorism, riots, civil disturbances, pandemics, epidemics, government actions, nuclear or chemical contamination, electrical or internet outages, failures of public infrastructure, and strikes.
Free Cancellation Period	means the period starting when a Booking is made, and ending 24 hours before a Service is scheduled to begin.
Full Refund	means, with regard to a Booking, that (i) ExcursionsJordan will refund to the Customer the full amount paid for the Booking; (ii) Supplier will receive no payment for the Booking; and (iii) ExcursionsJordan will receive no Commission for the Booking.
GDPR	means General Data Protection Regulation (EU) 2016/679.
ExcursionsJordan Content	means all content on the ExcursionsJordan Platform, including customer reviews and Content Modifications, but excluding the Supplier Content.
EJ Operations	means ExcursionsJordan For Tourism Marketing
ExcursionsJordan Platform	means the internet booking platform operated by ExcursionsJordan accessible via www.ExcursionsJordan.com, related websites, affiliate websites, Distribution Partner websites, apps, Distribution Partner apps, tools, Distribution Partner tools, platforms, Distribution Partner platforms, devices, or other facilities.
EJ Parties	means ExcursionsJordan and the Affiliates, Distribution Partners, advertising platforms, and their respective officers, directors, employees and agents.
Indemnified Party	means an entity (either Supplier or a EJ Party), who seeks indemnification pursuant to Section 10 of the Agreement.
Indemnifying Party	means the Party requested to provide indemnification pursuant to Section 10 of the Agreement.
Intellectual Property Rights	means all copyright, trade secret, trademark, database, or moral rights recognized by the laws of any jurisdiction or country.
Login Credentials	means the user IDs, passwords, and any other information used to access the Supplier Account.
No Show	means a Customer who fails to appear for booked Services through no fault of Supplier.
Party	means either Supplier or ExcursionsJordan, as appropriate; “Parties” means both Supplier and ExcursionsJordan.
Payment Service Provider	means a payment service provider appointed by ExcursionsJordan.
Platform Rules	means the rules located at supplier.ExcursionsJordan.com/terms-conditions#platform-rules, as updated from time to time.
Product Offer	means an offer on the ExcursionsJordan Platform stating that Supplier will make a specific Service available at a specified Retail Price.
Prohibited Content	means content that (i) contains a virus, worm, or other harmful code, (ii) violates any Applicable Law, (iii) infringes the rights of any third party, including privacy rights, (iv) is pornographic, obscene, insulting, objectionable or otherwise inappropriate, or (v) or is defamatory or libelous.
Relevant Requirements	means any anti-slavery, anti-human trafficking, anti-corruption, or anti-bribery law, or any trade or financial sanctions, administered, enacted, or enforced by (a) the United States of America, (b) the United Nations Security Council, (c) the European Union or any of its member states, or (d) any country within the United Kingdom.
Remnant Booking	means a Booking made prior to the termination date of this Agreement, but scheduled to be completed after the termination date of this Agreement.
Retail Price	means the retail price (including any Applicable Taxes and fees) at which Services will be sold to Customers and Travel Agents through the ExcursionsJordan Platform.
Second Half	means the 16th through the end of a month.
Services	means the Supplier’s tours or activities offered by Supplier through the ExcursionsJordan Platform. If Supplier operates an attraction, the term “Services” includes the operation of the attraction and making the attraction available to Customers.
Statement	has the meaning given in Section 4.5 of the Terms.
Sub-Commercial Agent	means an entity appointed by ExcursionsJordan to act as agent of ExcursionsJordan in its role as commercial agent to the Supplier
Supplier	means a person acting in their professional capacity aiming to make a long term profit or entity entering into this Agreement with ExcursionsJordan.
Supplier Account	means Supplier’s account with ExcursionsJordan.
Supplier Administration Site	means the online tool that allows suppliers to access the ExcursionsJordan Platform and to manage Supplier Content.
Supplier Content	means any content provided by Supplier to ExcursionsJordan, via the Supplier Administration Site or otherwise, including Product Offers, photographs, videos, and postings.
Supplier Marks	means the trademark and tradenames used by Supplier in connection with the Services.
Supplier-Customer Contract	means the contract which governs the relationship between Supplier and a Customer who purchases Services from Supplier via the ExcursionsJordan Platform, the contract may be updated by ExcursionsJordan from time to time. The Supplier-Customer Contract is incorporated into the General Terms and Conditions on the following www.ExcursionsJordan.com/terms_of_business. Supplier and Customer are the sole parties to the Supplier-Customer Contract; ExcursionsJordan is not a party thereto.
Supplier’s Payment Account	means Supplier’s bank account into which ExcursionsJordan may transfer payments.
Travel Agency	means a Distribution Partner who resells tours and activities to a Customer rather than facilitating a sale directly from a supplier to a Customer.
US Customer	means a Customer residing in the United States or any Customer that uses a credit or debit card issued in the United States for payment of the transaction.

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