TERMS & CONDITIONS
These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:
(a) The Platinum Concierge (“We” or “Us”) located at 1032 Irving Street, #919 San Francisco, CA 94122 provides various services (“Services”) through its website www.theplatinumconcierge.com (“Site”) and/or over the phone and/or by email;
(b) to any person (“You”) that accesses the Site and/or uses our Services, which includes booking guided tours (“Tours”) and related services (“Services”).
2. Acceptance of These Terms and Conditions
When You access the Site and/or use our Services, You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old;
(c) You are able to enter into legally binding contracts; and
(d) You are an authorized user of the forms of payment
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site.
The Site lists many Tours and Experiences, each Tour and Experience containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a message to the Company with any inquiry about a certain Tour or to request a customized Tour. Once the Company accepts and confirms your booking request, there is a binding contract between You and the Company; and a non-refundable deposit of 25% of the basic tour price is required to reserve a booking. The final balance due will vary, depending on the actual services rendered on the date of the Tour/Experience.
You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic, the Tours itineraries may be subject to changes that are out of the control of the Company. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.
You may make payment of bookings by credit card online. We do not store credit card information. We use a third party service to process your payment information for all transactions made through The Platinum Concierge website and in person. You authorize the Company and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make through their system.
5. Cancellation Policy
You agree with the terms of the Cancellation Policy, as follows:
Any cancellation within 48 hours of the date will be charged a 50% cancellation fee. Any cancellation within 24 hours will be charged a 100% cancellation fee. The total percentage of the cancellation fee is based on the services ordered or scheduled.
Once you and the Company agree on the details of the Tour/Experience, a non-refundable 25% deposited is required to reserve the booking. However, in the event the Company has to cancel the booking your deposit will be fully refunded. Refunds will be sent back to the original payment method used in making the booking. Depending on the bank’s processing time, it can take up to 10 business days for the refund to reflect in your bank account or card balance.We are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include, but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.
7. Rules of the Site
You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conduct.
(d) Communication with Us. You agree that The Platinum Concierge may contact You via email, text message, phone call, and automated call, to the phone number and email addresses You provide in your request forms or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
g) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. The Platinum Concierge is not responsible for any purchase during a Tour and does not make any claims about the quality, source or other provenance of any goods which may be available for purchase during a Tour.
(h) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site which You are not authorized to access.
(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.
8. Acceptance of Risk and Waiver of Liability
We urge You to obtain suitable medical insurance prior to booking a Tour.
You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask for information and fully educate yourself about any risks, skills and level of fitness inherent to the Tour.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when travelling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination. We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby agree to release and hold harmless The Platinum Concierge, its parent, subsidiaries, affiliates, directors, and employees (“The Platinum Concierge”) from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE PLATINUM CONCIERGE SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
10. Your Liability and Indemnification
You agree to defend, indemnify, and hold harmless The Platinum Concierge from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Site and/or the Services and/or your participation in a Tour, including any damages, whether to persons or property, or death to any person, (ii) your Reviews, and (iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties. The Platinum Concierge reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with The Platinum Concierge in asserting any available defenses.
11. Intellectual Property
The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of The Platinum Concierge.
You acknowledge and agree that the Site and all its components, text, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of The Platinum Concierge and/or its licensors or authorizing third-parties, and is protected in all forms, media and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of The Platinum Concierge..
12. Force Majeure
We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and Conditions due to force majeure circumstances. In case of force majeure, we shall notify You on the commencement and cessation of circumstances preventing Us from fulfilling our obligations.
13. Amendments to the Terms
The Platinum Concierge may modify these Terms and Conditions from time to time in its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions.
14. Term and Termination
These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
15. General Provisions
(a) Waiver. Failure by The Platinum Concierge to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Governing Law. The Services are provided by The Platinum Concierge and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of California, US.
(c) Entire Agreement. Except for any additional terms included in the Site, these Terms and Conditions constitute the entire agreement between You and The Platinum Concierge with respect to the subject matter of these Terms and Conditions?
(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: 1032 Irving Street, #919 San Francisco, CA 94122 email@example.com; and to You: to the address and email listed in your booking account.
(g) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.
(h) Dispute resolution. You agree that You will attempt to resolve any and all disputes in the least onerous manner. If You and the Company are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in California, with mediation fees divided equally between You and the Company.
The Controller of Your Personal Data
The Platinum Concierge (“we”, or “us”) is the controller of the personal data you submit to us or we obtain from the use of the Site:
The Platinum Concierge
1032 Irving Street, #919
San Francisco, CA 94122
We collect personal data from you through our interactions with you and when you share it with us through, or in connection with, but not limited to, the Site, our services and surveys. For example, you may share your personal data when you, sign up to our newsletter, submit an inquiry, book a tour, file a complaint or publish a review.
We will retain your personal data for the following purpose only:
- Keep you informed of our services and events;
- Needed to provide services to you;
- To maintain a record of your transactions for tax purposes; and
- Necessary for customer service purposes;
We do not share, nor do we sell your personal information to any third parties.