SPONTIGO
Core Platform Terms
Part A of the Spontigo Terms of Use | Effective: 2026-04-30
Thank you for using Spontigo. These Core Platform Terms (“Core Terms”) govern access to and use of the Spontigo Platform by all users, regardless of role. They apply to guests booking experiences, lodging partners, suppliers, and anyone else who accesses or uses the Platform.
Additional terms apply depending on how you use the Platform. The applicable additional terms are listed below and are incorporated into the agreement between you and Spontigo by reference. In the event of a conflict between these Core Terms and any applicable additional terms, the additional terms control with respect to the subject matter they specifically address.
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Which terms apply to you? • Guests booking experiences are also subject to the Guest Booking Terms (Part B, below on this page). • Lodging partners (hotels, short-term rental operators, property managers) are also subject to the Lodging Partner Agreement. • Suppliers (tour operators and activity providers) are also subject to the Supplier Agreement. |
By accessing or using any portion of the Spontigo Platform, you accept and agree to be bound by these Core Terms together with any additional terms applicable to your role. If you do not agree, you may not access or use the Platform.
As used in these Core Terms:
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“Spontigo,” “we,” “us,” “our” |
Spontigo, Inc. |
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“You,” “your” |
Any individual or entity that accesses or uses the Platform, including guests, lodging partners, suppliers, and their respective employees, agents, officers, and representatives. |
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“Platform” |
Spontigo’s websites (including www.spontigo.com), software, applications, APIs, and the related services and distribution and marketing channels operated by Spontigo. |
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“Services” |
The software-as-a-service, concierge services, data analytics, and software solutions provided by Spontigo through the Platform. Spontigo is not an experience provider; experiences are provided by third-party Suppliers. |
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“Products” |
Tours, activities, and other travel-related services made available by Suppliers through the Platform. |
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“Supplier” |
Any third party that provides Products for listing and booking through the Platform. |
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“Lodging Partner” |
A hotel, short-term rental operator, property management company, or other lodging operator that integrates with the Platform to make Spontigo’s pre-arrival experience offering available to its guests. |
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“Guest” |
An individual who books or attempts to book a Product through the Platform. |
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“Agreement” |
These Core Terms together with any additional role-specific terms applicable to you (the Guest Booking Terms, Lodging Partner Agreement, or Supplier Agreement, as applicable), and the Spontigo Privacy Policy. |
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“Parties” |
You and Spontigo, collectively. |
This Agreement applies to and governs all use of the Platform and Services and commences upon your first access to or use of the Platform.
Either Party may terminate this Agreement for convenience upon thirty (30) days’ prior written notice to the other Party. Upon termination, each Party will fulfill all obligations incurred prior to the effective date of termination, including honoring all confirmed Product bookings made before termination, unless Spontigo specifies otherwise.
Spontigo may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if Spontigo determines in its reasonable discretion that you have breached this Agreement or that such action is necessary to protect the Platform, other users, or Spontigo’s legitimate interests.
Upon termination, your right to access and use the Platform ceases. Spontigo may, in its reasonable discretion, withdraw booking Services or cancel bookings if Spontigo determines such action is necessary or beneficial to protect the interests of Guests, Suppliers, Lodging Partners, or Spontigo. Provisions of this Agreement that by their nature should survive termination, including confidentiality, indemnification, limitation of liability, and intellectual property provisions, will survive.
Subject to this Agreement, Spontigo grants you a limited, non-exclusive, non-transferable, revocable right during the term of this Agreement to access and use the Platform solely for the purposes contemplated by your role (as a Guest, Lodging Partner, Supplier, or other authorized user).
Spontigo may, from time to time and in its reasonable discretion, develop and release updates to the Platform, which may include upgrades, bug fixes, patches, error corrections, new features, or modifications to or removal of existing features (collectively, “Updates”). Spontigo has no obligation to provide any particular Update or to maintain any particular feature. You agree to install and use Updates promptly when made available, and you acknowledge that the Platform may not function correctly if you do not.
You agree that you will not, and will not permit any third party to:
If you engage in any restricted use, Spontigo may, in its reasonable discretion, suspend or terminate your access to the Platform, charge you for any excess use at then-current rates, and pursue any other remedy available under this Agreement or applicable law.
“Confidential Information” means non-public business or technical information disclosed by one Party (the “Disclosing Party”) to the other (the “Receiving Party”), in any form, that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure. Confidential Information includes, without limitation, business plans, customer and reservation data, financial information, analytics, product roadmaps, pricing, and personal information.
Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of the Receiving Party; (b) was lawfully in the Receiving Party’s possession on a non-confidential basis before disclosure; (c) is rightfully obtained from a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
Each Party will (a) hold the other Party’s Confidential Information in confidence, (b) use it solely to perform under or exercise rights under this Agreement, and (c) protect it using at least the same degree of care it uses for its own confidential information of similar importance, but in no event less than a reasonable degree of care. Each Party may disclose Confidential Information to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations no less protective than those in this Section.
A Receiving Party may disclose Confidential Information to the extent required by law or valid legal process, provided that, where legally permitted, the Receiving Party gives the Disclosing Party prompt notice and reasonable cooperation (at the Disclosing Party’s expense) so the Disclosing Party may seek a protective order or other appropriate remedy. The Receiving Party will disclose only the portion of Confidential Information legally required.
Spontigo maintains commercially reasonable administrative, physical, and technical safeguards designed to protect against unauthorized access to, use of, or disclosure of data submitted to or processed by the Platform. No system is completely secure, however, and Spontigo does not guarantee that the Platform or any data transmitted through it will be free from unauthorized access, loss, alteration, or other security incidents. You are responsible for the accuracy, legality, and appropriateness of data you submit to or process through the Platform, and for safeguarding any credentials or access tokens issued to you.
In the event of a confirmed security incident affecting your data, Spontigo will notify you without undue delay after confirmation and will cooperate reasonably in mitigation. Specific remedies for security incidents, where applicable, are set forth in the role-specific terms applicable to you.
As between the Parties, Spontigo retains all right, title, and interest, including all intellectual property rights, in and to the Platform, the Services, and any related software, documentation, deliverables, derivative works, modifications, and improvements, whether developed before or after the date of this Agreement. No rights are granted to you by implication, estoppel, exhaustion, or otherwise, except for the limited use rights expressly stated in this Agreement.
You will not remove, alter, or obscure any proprietary notice on or in the Platform. Any feedback, suggestions, or ideas you provide regarding the Platform are provided without restriction, and Spontigo may use them for any purpose without obligation to you.
Spontigo will use commercially reasonable efforts to keep the Platform available, but the Platform is provided on an as-available basis and may be subject to scheduled maintenance, updates, and unscheduled interruptions. Spontigo will use commercially reasonable efforts to provide advance notice of planned maintenance where practicable, but is not required to do so. Spontigo may modify the Platform, change how you access it, deactivate or reset credentials, or change account configurations as Spontigo reasonably determines necessary.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPONTIGO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPONTIGO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA, REPORTS, OR OUTPUTS FROM THE PLATFORM WILL BE ACCURATE OR COMPLETE.
Spontigo is not the provider of any Product. Spontigo facilitates bookings as the Supplier’s authorized agent and does not endorse, sponsor, or guarantee any Product, Supplier, or Lodging Partner. Your interactions with Suppliers and Lodging Partners are at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, OR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR (A) YOUR INDEMNIFICATION OBLIGATIONS, (B) YOUR BREACH OF SECTIONS 4 (RESTRICTED USE), 5 (CONFIDENTIALITY), OR 7 (INTELLECTUAL PROPERTY), AND (C) AMOUNTS OWED FOR PRODUCTS BOOKED THROUGH THE PLATFORM, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS PAID BY OR TO YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).
These limitations form an essential basis of the bargain between the Parties and apply even if any limited remedy fails of its essential purpose.
You will defend, indemnify, and hold harmless Spontigo and its officers, directors, employees, agents, affiliates, and contractors from and against any third-party claims, damages, liabilities, losses, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of this Agreement; (b) your use or misuse of the Platform; (c) the operation of your business; or (d) your violation of any applicable law or the rights of any third party.
Spontigo will give you prompt written notice of any claim subject to indemnification, reasonable cooperation (at your expense), and sole control of the defense and settlement, except that you may not settle any claim without Spontigo’s prior written consent if the settlement requires Spontigo to admit liability or take or refrain from any action.
This Agreement is governed by the laws of the State of Utah, without regard to its conflict of laws principles. Any action arising out of or relating to this Agreement must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the Parties consent to the exclusive jurisdiction and venue of those courts.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
In any action to enforce this Agreement, the prevailing Party is entitled to recover its reasonable attorneys’ fees and costs.
Notices to Spontigo must be sent to support@spontigo.com. Notices to you may be sent to the email address associated with your account or, if no account exists, to the most recent email address you have provided to Spontigo. Notice is effective on delivery.
You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without Spontigo’s prior written consent. A change of control is deemed an assignment for purposes of this Section. Any attempted assignment in violation of this Section is void. Spontigo may assign this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
Spontigo may use subcontractors and other third parties to perform its obligations under this Agreement and remains responsible for their performance to the same extent as if performed by Spontigo directly.
Neither Party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, provided the affected Party uses commercially reasonable efforts to mitigate the impact.
The Parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between the Parties, except that Spontigo acts as Suppliers’ authorized agent for the limited purposes of accepting bookings and processing payments as described in this Agreement and the Supplier Agreement.
This Agreement is for the benefit of the Parties only and creates no rights in any third party.
If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.
No failure or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. Any waiver must be in writing to be effective.
Spontigo may update these Core Terms from time to time. Material changes will be communicated through the Platform or by email, and the “Effective” date at the top of this document will be updated. Your continued use of the Platform after the effective date of an update constitutes acceptance of the updated terms.
This Agreement, together with the Spontigo Privacy Policy and any role-specific terms applicable to you (the Guest Booking Terms, Lodging Partner Agreement, or Supplier Agreement), constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. In the event of conflict, the order of precedence is: (1) the applicable role-specific terms, (2) these Core Terms, (3) the Privacy Policy.
This Agreement may be accepted electronically and in counterparts, each of which is deemed an original and all of which together constitute one agreement. Electronic signatures and click-through acceptance have the same force and effect as original ink signatures.
Section headings are for convenience only and do not affect interpretation.
Guest Booking Terms
Part B of the Spontigo Terms of Use | Effective: 2026-04-30
These Guest Booking Terms apply when you book or attempt to book a tour, activity, or other travel-related Product through the Spontigo Platform. They are in addition to the Core Platform Terms (Part A, above on this page), which are incorporated by reference. Capitalized terms not defined here have the meanings given in the Core Platform Terms.
In the event of conflict between these Guest Booking Terms and the Core Platform Terms with respect to a guest booking, these Guest Booking Terms control.
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Important: Spontigo is not the provider of any Product and has no obligation to deliver any Product itself. Spontigo operates a marketplace and acts as the authorized agent of third-party Suppliers (such as tour operators and activity providers) for the limited purpose of accepting bookings and processing payments. Your booking creates a contract between you and the Supplier for the Product. Spontigo is not a party to that contract and is not responsible for the delivery, quality, safety, or conduct of any Product. |
Spontigo operates a technology platform that lists Products supplied by third parties and facilitates booking and payment for those Products. To make Spontigo’s role clear and to help you make informed booking decisions, you acknowledge and agree that Spontigo does the following and only the following with respect to Products:
You acknowledge and agree that Spontigo does not, and has no obligation to:
This Section is fundamental to the relationship between you and Spontigo. You agree that Spontigo is not responsible for any harm, injury, illness, loss, or damage arising from a Supplier’s acts, omissions, negligence, equipment, facilities, personnel, or operations, and your remedies for any such harm lie with the Supplier (and, where applicable, the Supplier’s insurer).
By making a booking through the Platform, you represent, warrant, and agree to each of the following:
If you book for any individual other than yourself, including a spouse, partner, family member, friend, employee, client, or minor child:
You represent that, before confirming your booking, you have reviewed the Product listing, including its description, inclusions and exclusions, eligibility requirements (such as age, height, weight, health, fitness, certification, or skill-level requirements), known risks, and any safety information made available, and that you have determined the Product is appropriate for you and each member of your party.
You represent that you and each member of your party are physically and medically fit to participate in the Product, are not aware of any medical condition (including pregnancy, cardiovascular condition, recent surgery, mobility limitation, allergy, or other condition) that could be aggravated by or compromise safe participation in the Product, and have not been advised by a medical professional against the type of activity involved. You agree to disclose to the Supplier in advance any condition that could affect your or your party’s safe participation.
You will not use the Platform to make speculative, fraudulent, or commercial-resale bookings.
Suppliers may impose additional eligibility requirements for specific Products. The requirements stated in the Product listing are not exhaustive, and a Supplier may decline participation if any participant does not meet the Supplier’s requirements at the time of the experience. Spontigo is not responsible for refunds or rebooking when a Supplier denies participation due to a guest’s failure to meet eligibility requirements or to make required disclosures.
Spontigo may, at its reasonable discretion, decline, suspend, or cancel any booking that Spontigo reasonably suspects is fraudulent, unauthorized, or otherwise non-compliant with this Agreement. Spontigo may also require additional information to verify your identity, payment method, or authority before confirming a booking. Bookings cancelled under this Section because of suspected fraud or unauthorized use are not entitled to refund beyond reversal of the original charge.
Prices for Products are quoted per person unless otherwise stated and are subject to change until a booking is confirmed. All prices are displayed in U.S. Dollars unless otherwise specified. The Supplier sets the underlying Product price; Spontigo establishes the retail price displayed on the Platform.
Each Product listing identifies what is and is not included. Unless expressly stated, prices do not include local taxes; entry, park, or facility fees; departure or transportation taxes; gratuities; passport or visa fees; insurance; personal items; or food and beverage. You are responsible for any costs not expressly included in the Product.
Your total booking amount may include the Product price, applicable taxes, platform fees, and payment processing charges. The total is shown at checkout before you confirm. By confirming, you authorize Spontigo (or its payment processor) to charge that total to the payment method you provide.
If your payment method is denominated in a currency other than U.S. Dollars, your bank or card issuer may apply currency conversion and foreign transaction fees. Those fees are charged by your bank, not by Spontigo, and may cause the amount actually charged to differ from the amount displayed at checkout. For questions about conversion rates and fees, contact your bank or card issuer.
Payments are processed through Stripe, Inc. or another payment processor designated by Spontigo. Spontigo or its processor acts as the limited payment collection agent for the Supplier. The payee on your statement may appear as Spontigo, the Supplier, the Lodging Partner, or a name reflecting the payment processor.
Payment in full is due at the time of booking. Acceptable payment methods are credit card, debit card, and any other method Spontigo expressly authorizes. If your payment is not successfully processed, your booking will not be confirmed.
Spontigo stores your payment information solely to process payment for your booking and any authorized modifications, in accordance with the Spontigo Privacy Policy.
Unless the Product listing specifies a different cancellation policy, you may cancel a booking for a full refund up to seventy-two (72) hours before the scheduled start time of the experience. Cancellations within 72 hours of the scheduled start time are non-refundable.
Some Products have stricter, non-refundable, or otherwise different cancellation policies set by the Supplier. The cancellation policy that applies to your booking is the one displayed in the Product listing at the time of booking. By confirming a booking, you accept that policy.
All cancellations must be processed through the Platform. Cancellations communicated directly to a Supplier or to a Lodging Partner are not effective and will not be honored. The cancellation deadline is calculated based on the scheduled start time stated in your booking confirmation, in the local time zone of the experience.
Requests to modify a booking (for example, date or time changes, pickup location, group size) must be submitted through the Platform. Modifications are subject to availability and to the Supplier’s approval. The Supplier may charge a fee to process a change request, payable by you in advance.
A change request is effective only when Spontigo confirms acceptance. Submitting a change request does not extend or pause any cancellation deadline. If a Supplier declines a change request, your booking remains subject to the original cancellation policy. It is your responsibility to cancel within the applicable refund window if you no longer wish to proceed with the original booking.
You are responsible for arriving at the meeting location at the time stated in your booking confirmation. Suppliers may communicate detailed meeting instructions through the Platform; you are responsible for reviewing those instructions in advance. Failure to arrive on time may result in your booking being treated as a no-show, with no refund or rescheduling owed by the Supplier or by Spontigo.
Where a refund is due, it will be issued to the original payment method. Refunds are typically processed within seven to ten business days but may take longer depending on your bank or card issuer. Promotional credits, discount codes, and similar items are non-refundable and may not be reissued once used.
If you cancel or modify your stay with a Lodging Partner, that cancellation does not automatically cancel any experience bookings made through the Platform. Each booking is a separate contract with the applicable Supplier and remains subject to its own cancellation policy. To cancel an experience booking, you must follow the process in Section 5.2 of these Guest Booking Terms.
Promotion codes and discounts are subject to the terms stated at the time of issuance and may not be combined with other offers unless expressly permitted. Modifying a booking made with a promotion code may invalidate the discount, in which case the difference becomes due. No refunds are issued once an experience has begun or been used, regardless of any promotion or discount applied.
Suppliers may, from time to time, modify Products after they are booked, including changes to dates, times, pricing, inclusions, age or fitness requirements, group composition, or other features. Spontigo, acting as the Supplier’s authorized agent, may cancel, modify, or substitute a booked Product on the Supplier’s behalf when reasonably necessary.
Spontigo may also, at its reasonable discretion, withdraw or cancel a booking when Spontigo determines that doing so is necessary or appropriate to protect the interests of guests, Suppliers, Lodging Partners, or Spontigo itself. This may override the cancellation policy stated in the Product listing. Where Spontigo cancels a booking under this Section, Spontigo will refund all or part of amounts charged in its reasonable discretion. Neither Spontigo nor the Supplier is liable for indirect or consequential losses (such as travel arrangements, accommodation, or lost wages) arising from such cancellations.
For the avoidance of doubt, Spontigo has no obligation to deliver, perform, or substitute any Product itself. Spontigo’s sole obligation in the event of a Supplier failure is to facilitate communications with the Supplier and, where appropriate, to refund amounts paid to the extent provided in this Agreement.
Your booking is associated with a unique itinerary link (sometimes called a “magic link”) delivered to you by email or text message, and may also be associated with a Spontigo account if you create one or if Spontigo offers account-based access in the future. Anyone with access to your magic link or your account credentials can view your itinerary and may be able to make changes or take actions associated with your booking.
You are responsible for keeping your magic link and any account credentials confidential and for all activity that occurs through them. If you believe your magic link or account has been accessed by an unauthorized person, notify Spontigo at support@spontigo.com promptly. Spontigo is not responsible for unauthorized actions that occur before you notify Spontigo and Spontigo has had a reasonable opportunity to act.
By making a booking, you consent to receive transactional communications from Spontigo and the Lodging Partner (if applicable) related to your booking, including booking confirmations, itinerary details, meeting instructions, changes, cancellations, and post-experience follow-ups. These communications may be delivered by email or text message to the contact information you provide. Standard message and data rates may apply to text messages.
Marketing communications are governed by the Spontigo Privacy Policy and applicable consent settings. You may opt out of marketing communications at any time using the unsubscribe link in any marketing email or by replying STOP to any marketing text message. Opting out of marketing does not stop transactional communications related to active bookings.
Many Products available through the Platform involve activities with inherent risks, including risks of personal injury, illness, disability, emotional distress, property damage, or death. These activities may include, without limitation, hiking, climbing, watersports, off-road vehicle use, equestrian activities, snow sports, aerial activities, water-based transportation, and other outdoor or adventure experiences. Even non-adventure Products carry risks (such as transportation risks, food allergies, or third-party conduct) that are inherent to the activity.
BY BOOKING AND PARTICIPATING IN A PRODUCT, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE PRODUCT, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING ANY RISK OF NEGLIGENT ACT OR OMISSION BY A SUPPLIER OR THIRD PARTY, AND ACKNOWLEDGE THAT SPONTIGO IS NOT THE PROVIDER OF THE PRODUCT, DOES NOT INSPECT OR CONTROL THE EQUIPMENT, FACILITIES, PERSONNEL, OR OPERATIONS OF SUPPLIERS, AND IS NOT RESPONSIBLE FOR YOUR SAFETY DURING THE PRODUCT.
Conditions beyond the reasonable control of Spontigo or the Supplier, including weather, surf, snow, water, or wildlife conditions; terrain or trail conditions; traffic, road, or transportation conditions; mechanical or equipment issues; illness or injury affecting personnel; and acts or omissions of other guests or third parties, are inherent risks of the Product and not the basis for a claim against Spontigo. Suppliers may modify, delay, shorten, reroute, or cancel a Product based on such conditions, and any refund in those cases is governed by the Product’s cancellation policy and Section 7 of these Guest Booking Terms.
Suppliers may require you and each member of your party to sign waivers, releases, assumption-of-risk forms, medical disclosures, or other documents at or before the experience. Those documents are between you and the Supplier; Spontigo is not a party to them. If a participant declines to sign a Supplier-required document, the Supplier may refuse to provide the Product to that participant, and no refund is owed by the Supplier or by Spontigo.
Spontigo strongly recommends that you obtain travel insurance and personal accident insurance with coverage appropriate to the Products you book. Spontigo does not provide insurance coverage for guests or for participation in any Product, and the price you pay for a Product does not include any insurance unless explicitly stated in the Product listing.
In addition to the disclaimers in the Core Platform Terms, you acknowledge that Spontigo does not control, supervise, or guarantee the conduct of any Supplier or Lodging Partner, and is not responsible for any injury, illness, loss, theft, or damage you or anyone in your party suffers in connection with a Product or stay.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND EACH MEMBER OF YOUR PARTY (INCLUDING ANY MINORS FOR WHOM YOU HAVE AUTHORITY TO ACT), RELEASE, WAIVE, AND DISCHARGE SPONTIGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBCONTRACTORS, AND CONTRACTORS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS, OMISSIONS, NEGLIGENCE, OR DELIVERY OF ANY PRODUCT BY A SUPPLIER OR LODGING PARTNER, OR FROM ANY INHERENT RISK OF A PRODUCT. YOUR REMEDIES FOR ISSUES WITH A PRODUCT LIE WITH THE SUPPLIER, EXCEPT WHERE OTHERWISE REQUIRED BY APPLICABLE LAW.
You acknowledge that this release is intended to be as broad and inclusive as permitted by applicable law, and that if any portion is held invalid or unenforceable, the remainder will continue in full force.
Suppliers may photograph or record audio and video of guests during the delivery of a Product, including for safety, marketing, or operational purposes. By participating in a Product, you acknowledge that recording or photography may occur and that you may appear in such recordings. Use of any such recordings is governed by the Supplier’s policies. If you object to being recorded or photographed, you should raise that with the Supplier before participating.
If you submit a review, rating, comment, photo, or other content about a Product or experience, you grant Spontigo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, display, and distribute that content in connection with the Platform and Spontigo’s marketing. You represent that any content you submit is your own, is accurate, and does not violate the rights of any third party. Spontigo may remove content that violates this Agreement or that Spontigo otherwise determines, in its reasonable discretion, is inappropriate for the Platform.
If you believe a charge is incorrect or you wish to dispute a booking, you agree to contact Spontigo at support@spontigo.com first and to allow Spontigo a reasonable opportunity to address the issue before initiating a chargeback or payment dispute with your bank or card issuer. Initiating a chargeback for a charge that is consistent with this Agreement and the cancellation policy in effect for your booking constitutes a breach of this Agreement. Spontigo may, in such cases, dispute the chargeback, suspend or terminate your access to the Platform, recover the disputed amount and reasonable costs of recovery, and decline future bookings from you.
Disputes between you and Spontigo are governed by the dispute resolution provisions of the Core Platform Terms, including governing law, exclusive venue in Salt Lake County, Utah, the class action waiver, and the jury trial waiver.
Notwithstanding the venue provision in the Core Platform Terms, either Party may bring a qualifying claim in small claims court in the Party’s county of residence, provided the claim is brought on an individual basis and remains in small claims court.
Disputes about the delivery, quality, or conduct of a Product are between you and the Supplier and must be raised first with the Supplier. Spontigo will reasonably assist in facilitating communication, but is not a party to those disputes and is not obligated to resolve them or issue refunds outside the cancellation policies stated in the Product listing and these Guest Booking Terms.
ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST SPONTIGO ARISING OUT OF OR RELATING TO THIS AGREEMENT, A BOOKING, OR YOUR USE OF THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.
If the class action waiver in the Core Platform Terms is held unenforceable in any proceeding, the remainder of the dispute resolution provisions, including the jury trial waiver and venue provisions, will remain in full force. The class action waiver is a material part of this Agreement, and the Parties agree that no class, collective, or representative action may proceed regardless of any other provision. Likewise, if any portion of the assumption of risk in Section 10.2 or the release in Section 11 is held invalid or unenforceable, the remainder of those provisions will continue in full force.
Spontigo may update these Guest Booking Terms from time to time as described in Section 12.12 of the Core Platform Terms. The terms in effect at the time you make a booking govern that booking.