Host Agreement
8. Payment Processing and Financial Integrity
To ensure a secure marketplace for all users, Tripanza strictly regulates how payments and commissions are handled. By registering as a Host, you agree to the following financial terms:
A. Prohibition of Off-Platform Payments (Circumvention)
- Centralized Transactions: All payments for trips, services, and associated fees must be processed exclusively through Tripanza’s integrated payment gateway.
- No Direct Payments: Hosts are strictly prohibited from requesting, accepting, or encouraging travelers to make payments directly to their personal or business bank accounts, UPI IDs, digital wallets, or in cash outside of the Tripanza platform.
- Penalty for Circumvention: Attempting to bypass the platform's payment system to avoid commission fees, or for any other reason, is a material breach of these Terms. Tripanza reserves the right to immediately suspend or permanently terminate the account of any Host found engaging in off-platform transactions, and may withhold any pending payouts.
B. Financial Fraud and Anti-Money Laundering
- Zero Tolerance: Tripanza has a zero-tolerance policy for financial fraud. Hosts must not engage in any deceptive financial practices, including but not limited to creating fake bookings, processing payments with stolen credit cards, or colluding with users to manipulate commissions or payouts.
- Host Liability for Fraud: If a Host is found to be complicit in fraudulent transactions, the Host is solely responsible for all resulting chargebacks, banking fees, and legal penalties. Tripanza will fully cooperate with law enforcement and financial institutions in the investigation of suspected fraud.
C. Payouts and Tax Compliance
- Accurate Information: To receive commission payouts, Hosts must provide accurate and up-to-date banking and identity information. Tripanza is not liable for delayed or lost funds resulting from incorrect information provided by the Host.
- Tax Responsibilities: Tripanza acts strictly as a marketplace facilitator. Hosts are entirely responsible for determining, collecting, reporting, and remitting any applicable local, state, or federal taxes arising from their earnings on the platform. Tripanza will not be held liable for a Host's failure to comply with tax obligations.
D. Limitation of Liability for Chargebacks and Disputes
- Customer Disputes: While Tripanza facilitates the transaction, the core contract for the travel experience is between the Host and the traveler. Tripanza is not liable for financial losses incurred by the Host due to customer chargebacks, disputes, or cancellations, except as explicitly outlined in our Cancellation Policy.
- Right to Withhold: In the event of a suspected fraudulent transaction or a severe customer dispute regarding a Host's failure to deliver the promised services, Tripanza reserves the right to hold, freeze, or reverse payouts to the Host until the issue is resolved.
9. Physical Liability, Safety, and Assumption of Risk
When people travel, especially on adventure trips to destinations like Manali or Kasol, accidents can happen. Tripanza must be legally separated from the physical execution of the trip.
- No Liability for Personal Injury or Loss: Tripanza acts solely as a technology platform connecting travelers, hosts, and travel agencies. We do not operate, control, or manage the actual tours, transport, or accommodations. Tripanza shall not be held liable for any personal injury, death, property damage, loss of baggage, or any other damages sustained by a traveler during a trip.
- Host Responsibility for Safety: The Host explicitly agrees that they are solely responsible for the safety, well-being, and supervision of the travelers in their community during the execution of a trip.
- Required Permits and Licenses: The Host and the partnering Travel Agency warrant that they hold all necessary local permits, licenses, insurance policies, and certifications required to operate and guide the specific travel itineraries offered.
10. Independent Contractor Status (Non-Employment)
- Relationship of Parties: Registering as a Host on Tripanza does not create an employment, partnership, joint venture, or agency relationship between the Host and Tripanza.
- Independent Operations: Hosts are independent third parties who utilize the Tripanza platform to market their services, earn commissions, and manage their communities. Hosts have complete control over how they promote their trips and are solely responsible for their own expenses, taxes, and operational costs.
11. Travel Agency and Master Trip Dynamics
- Third-Party Itineraries: When a Host selects and leads a "master trip" provided by a registered Travel Agency, the Host agrees to execute the trip according to the standards and itinerary set by that Agency.
- Platform Exemption: Tripanza makes no guarantees regarding the accuracy of the master trips provided by Travel Agencies, nor the capability of the Host to execute them. Any disputes arising between a Host and a Travel Agency regarding trip execution, commission splits, or service quality must be resolved directly between those two parties. Tripanza reserves the right to mediate but assumes no legal obligation to do so.
13. Governing Law and Jurisdiction
- Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi, Delhi.
Content & Intellectual Property Policy
By registering as a Host on Tripanza, you agree to the following terms regarding the content, logos, images, and text you upload, share, or display on the platform.
1. User-Generated Content (UGC) Definition
"Host Content" refers to any data, text, logos, photographs, trip itineraries, graphics, videos, messages, or other materials uploaded, posted, or otherwise made available by you on the Tripanza platform.
2. Ownership and License Grant
You retain all ownership rights to your Host Content. However, by uploading content to Tripanza, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Host Content in connection with the platform and our business operations (including marketing and promotions).
3. Host Representations and Warranties
By uploading Host Content to Tripanza, you strictly represent and warrant that:
- You Own the Rights: You are the sole and exclusive owner of all Host Content or you have all necessary rights, licenses, consents, and releases to grant Tripanza the license to use such content.
- No Infringement: Your Host Content, and the use of it on Tripanza, will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights.
- Accuracy: All information and content provided regarding your trips, services, and branding is accurate and not misleading.
4. Zero Liability for Host Content
Tripanza acts strictly as a neutral intermediary platform and a marketplace. We do not pre-screen, endorse, or guarantee the legality, accuracy, or quality of any Host Content.
- No Platform Liability: Tripanza assumes no liability or responsibility for any Host Content, including but not limited to any errors or omissions, or any loss or damage incurred as a result of the use of any content posted by hosts.
- Your Sole Responsibility: You are entirely responsible for the content you upload and the consequences of publishing it.
5. Indemnification (Protecting Tripanza)
You agree to defend, indemnify, and hold harmless Tripanza, its founders, affiliates, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Tripanza platform.
- Your violation of any term of these Terms and Conditions.
- Your violation of any third-party right, including without limitation any copyright, property, trademark, or privacy right.
- Any claim that your Host Content caused damage to a third party.
6. Copyright Policy and Takedown Procedure
Tripanza respects the intellectual property rights of others and expects Hosts to do the same. We operate under a "Safe Harbor" principle:
- Right to Remove: We reserve the right to remove or disable access to any Host Content at any time, without prior notice, at our sole discretion, if we determine that the content may infringe on a third party's intellectual property rights or violates these terms.
- Repeat Infringers: Tripanza will terminate the account access of any Host who is determined to be a repeat infringer of copyright or intellectual property policies.
- Notice of Infringement: If a third party believes their copyright has been violated by content hosted on Tripanza, they must contact our designated support channel. Upon receiving a valid takedown notice, we will swiftly remove the contested content and notify the Host.
7. Prohibited Content
Hosts are strictly prohibited from uploading content that:
- Is copyrighted or trademarked by another entity without their express written permission.
- Is unlawful, defamatory, libelous, threatening, pornographic, or harassing.
- Contains viruses, malware, or destructive code.