Terms and conditions

Searching and Booking on Kidsvenu

Cancellations, Reservation Issues, Refunds and Booking Modifications

Your Responsibilities

Listing on Kidsvenu

Managing Your Listing

Cancellations and Reservation Issues.

In general, if a Buyer cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Vendor, you should not cancel on a Buyer without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Buyer without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Buyer experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is canceled under “Termination, Suspension and other Measures“ of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Buyer, and by any other reasonable costs we incur as a result of the cancellation. If a Buyer receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Kidsvenu exceeds your payout, Kidsvenu may recover that amount from you, including by deducting the refund against your future payouts. You agree that Kidsvenu’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Buyers. If we reasonably expect to provide a refund to a Buyer under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.

Taxes

Reviews.

After each Vendor Service, Buyers and Vendors will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Kidsvenu for accuracy and may be incorrect or misleading.

Content.

Parts of the Kidsvenu Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Kidsvenu a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Kidsvenu Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Kidsvenu pays for the creation of Content or facilitates its creation, Kidsvenu may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Kidsvenu the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Kidsvenu may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Kidsvenu does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

Fees.

Kidsvenu may charge fees (and applicable Taxes) to Vendors and Buyers for the right to use the Kidsvenu Platform. Any applicable fees are disclosed to Vendors before publishing a listing and to Buyers before making a booking. Except as otherwise provided on the Kidsvenu Platform, service fees are non-refundable.

Kidsvenu Platform Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect

  • Do not lie, misrepresent something or someone, or pretend to be someone else.

  • Be polite and respectful when you communicate or interact with others.

  • Do not attempt to evade enforcement of these Terms, and our Policies, such as by creating duplicate accounts or listings.

  • Follow our Nondiscrimination Policy and do not discriminate against or harass others.

• Do not scrape, hack, reverse engineer, compromise or impair the Kidsvenu Platform

  • Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Kidsvenu Platform.

  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Kidsvenu Platform or Content.

  • Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Kidsvenu Platform.

  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Kidsvenu Platform.

• Only use the Kidsvenu Platform as authorized by these Terms or another agreement with us

  • You may only use another Member’s personal information as necessary to facilitate a transaction using the Kidsvenu Platform as authorized by these Terms.

  • Do not use the Kidsvenu Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.

  • You may use Content made available through the Kidsvenu Platform solely as necessary to enable your use of the Kidsvenu Platform as a Buyer or Vendor.

  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

  • Do not request, make or accept a booking or any payment outside of the Kidsvenu Platform to avoid paying fees, taxes or for any other reason.

  • Do not require or encourage Buyers to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Kidsvenu.

  • Do not engage in any practices that are intended to manipulate our search algorithm.

  • Do not book Vendor Services unless you are actually using the Vendor Services.

  • Do not use, copy, display, mirror or frame the Kidsvenu Platform, any Content, any Kidsvenu branding, or any page layout or design without our consent.

• Honor your legal obligations

  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates Community Disturbance Policy, as incorporated by reference herein.

  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any Kidsvenu trademarks, logos or branding. See our Trademark Guidelines for additional details.

  • Do not offer Vendor Services that violate the laws or agreements that apply to you.

  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

Termination, Suspension and other Measures.

The agreement between you and Kidsvenu reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

Complaint Handling System.

• If you are a Member with your country of residence or establishment within the EEA and Kidsvenu takes any of the measures according to Section “Member Violations” on the grounds that Content provided by you is illegal or incompatible with these Terms, you may submit a complaint against such a measure through our internal complaint handling system.

• Kidsvenu’s complaint handling system is also available to Members and third parties with their country of residence or establishment within the EEA who have submitted a Content Notification according to Section “Content Notifications and Content Moderation” of these Terms, if the notification has been rejected in whole or in part by Kidsvenu.

• A complaint may be submitted via our complaint handling system for a period of six (6) months, beginning with the day on which a Member is informed about the measure taken on with the day on which the Notifier is informed about the rejection of their Content Notification.

• Kidsvenu is entitled to suspend the processing of complaints from Members and Notifiers for a reasonable period of time, if the Member or Notifier in question frequently submits complaints that are manifestly unfounded. Where appropriate, Kidsvenu will issue a warning, prior to such a suspension. When deciding on a suspension, Kidsvenu takes into account all relevant facts and circumstances apparent from the information available to Kidsvenu, including (i) the amount, severity and frequency of unfounded complaints; (ii) the ratio of unfounded complaints to all complaints; and (iii) the intentions pursued by the Member or Notifier, insofar as can be determined by Kidsvenu.

• Members addressed by measures and Notifiers that have submitted Content Notifications which have been rejected by Kidsvenu, are entitled to select a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065 in order to resolve disputes relating to those measures, including complaints that have not been resolved by means of our complaint handling system. Both parties will engage, in good faith, with the selected dispute settlement body to resolve the dispute. Kidsvenu reserves the right to refuse to engage with the dispute settlement body if a dispute regarding the same Content and grounds for alleged illegality of the Content or its alleged inconsistency with these Terms has already been resolved or is already subject to an ongoing procedure before a competent court or before another competent out-of-court dispute settlement body.

Modification of these Terms.

When we propose changes to these Terms, we will post the revised Terms on the Kidsvenu Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email notifications, through the Kidsvenu Platform, messaging service, or any other contact method made available by us and selected by you at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Kidsvenu, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Kidsvenu Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.

Resolving Complaints and Damage Claims between Members.

• If a Member provides valid evidence that you, your Buyer(s), or your pet(s) have culpably:

  • damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Vendor), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in, or

  • caused loss of booking income for bookings via the Kidsvenu Platform or other consequential damages, which result directly from the damage caused under (i) above; or

  • otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of described above being a "Damage Claim"),

the complaining Member can notify Kidsvenu and/or seek compensation through the customer service. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize Kidsvenu to collect the amount of the Damage Claim from you.

• If the Vendor and Buyer cannot resolve, or a Buyer fails to pay a Damage Claim, the Vendor may notify Kidsvenu through the customer service under the terms of the Vendor Damage Protection Terms and seek compensation. Kidsvenu will review the Damage Claim and ask the Vendor to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Claim and the Damage Claim amount. The Buyer will be given the opportunity to respond and provide any relevant counter evidence. If Kidsvenu determines, under consideration of the evidence provided, the Vendor Damage Protection Terms, and applicable statutory rules on the burden of proof that the Buyer is responsible for the Damage Claim, Kidsvenu will pay out the Damage Claim to the Vendor. If Kidsvenu pays out the Damage Claim to the Vendor, Kidsvenu may collect the amount of the Damage Claim from the Buyer, including by charging the Buyer’s Payment Method up to a maximum amount of €500 EUR. Kidsvenu may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Buyer’s Payment Method, against a Buyer using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Buyer. Members may appeal a decision by Kidsvenu by contacting our customer service. As between Members and Kidsvenu, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with Kidsvenu.

• You agree to cooperate in good faith, provide any information Kidsvenu requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Vendor Services.

• Any decisions made by Kidsvenu in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.

Kidsvenu's Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Vendor Services. When Members make or accept a booking, they are entering into a contract directly with each other. Kidsvenu is not and does not become a party to or other participant in any contractual relationship between Members. Kidsvenu is not acting as an agent for any Member. While we work hard to ensure our Members have great experiences using Kidsvenu, we do not and cannot control the conduct or performance of Buyers and Vendors and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services or (ii) the truth or accuracy of any Listing descriptions, reviews, or other Content provided by Members. You acknowledge that Kidsvenu has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Kidsvenu Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. 

Member Accounts.

You must register an account to access and use many features of the Kidsvenu Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. If you are a Business Vendor according to Section “Hosting on Kidsvenu as a Business Vendor“ additional terms apply. You represent and warrant that you are not a person or entity barred from using the Kidsvenu Platform under the laws of the European Unity, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Kidsvenu if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Kidsvenu Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Disclaimer.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Buyer, Vendor, Vendor Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Kidsvenu has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Kidsvenu Platform. Kidsvenu may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Kidsvenu Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kidsvenu Platform.

Liability.

• Kidsvenu is liable without limitations under statutory provisions for damages arising from injury to life, limb or health based on a negligent or intentional breach of duty by Kidsvenu or its legal representatives, or vicarious agents. The same applies for issued guarantees or any other strict liability.

• Kidsvenu is also liable without limitations for other damages based on an intentional or grossly negligent breach of duty by Kidsvenu or its legal representatives or vicarious agents.

• Kidsvenu is not liable for damages arising from a breach of duty based on simple negligence.

• Previous section does not apply for damages arising from breaches of essential contractual obligations based on simple negligence. For such damages by Kidsvenu, its legal representatives or other vicarious agents, Kidsvenu’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Kidsvenu in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract.

• To the extent that Kidsvenu's liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.

Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Kidsvenu’s option), indemnify, and hold Kidsvenu harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies, or Standards, (ii) your improper use of the Kidsvenu Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Vendor Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

Applicable law and Jurisdiction.

These Terms are governed by and construed in accordance with law of European Unions. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may only bring proceedings relating to these Terms before the competent court of your place of residence or the competent court of Kidsvenu's place of business in Ireland. If Kidsvenu wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the EU courts.

Miscellaneous.

Listing on Kidsvenu as a Business Vendor.

• As a Business Vendor you commit to only offer Vendor Services on the Kidsvenu Platform that comply with the applicable rules of European Union law.

• In order to meet mandatory statutory requirements you will be required to provide at least the following information (where applicable) to Kidsvenu in order to offer Vendor Services as a Business Vendor on the Kidsvenu platform:

  • your name, address, telephone number and email address;

  • a copy of your identification document or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014;

  • your payment account details;

  • the trade register in which you are registered and your registration number or equivalent means of identification in that register.

• You will not be able to offer Vendor Services on the Kidsvenu Platform until Kidsvenu has been able to assess that the information is reliable and complete. We may require you to provide additional documentation as determined by us for the purposes of enabling us to assess the reliability and completeness of your information.

• You are responsible for the accuracy of the information provided and are required to keep your information up-to-date at all times. If we obtain sufficient indications or otherwise have reason to believe that any item of information is inaccurate, incomplete or not up-to-date, you will be asked to remedy the situation without delay. If you fail to update your information within the timeframe provided by us, we may suspend your use of the Kidsvenu Platform, until you have provided the required information. If we suspend our services for these reasons you have the right to lodge a complaint via our complaint handling system or with a certified out-of-court dispute settlement body in accordance with Section “Complaint Handling System“ of these Terms.

Complaints Handling and Mediation.

If you are a Business Vendor established within the EEA or the United Kingdom you have access to our internal complaint handling system for Business Vendors which allows you to make a complaint in relation to issues falling under the remit of Article 11 of Regulation (EU) 2019/1150 including to clarify the facts and circumstances leading to measures according to Section “Termination“ and “Member Violations“ of these Terms.

Access to Data.

Business Vendors have access to personal and other data in their Kidsvenu account and Vendor dashboard which is provided by the Business Vendor, their Buyers or generated through the use of the Kidsvenu Platform and which is necessary for the performance of their Vendor Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.

Additional Distribution Channels.

Kidsvenu operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Kidsvenu published on third party websites from time to time.