Seller Agreement

Who this agreement is between

This Seller Agreement is between Peter Fermoselle LLC, which operates the BookingVana booking platform (“BookingVana”, “we”, “us”), and you — the business or creator using BookingVana to publish offerings and take bookings (the “Seller”, “you”).

You agree to it when you enable selling — which includes connecting a Stripe account — and it continues for as long as your selling account is active. It is in addition to our Terms & Conditions and Privacy Policy; where this agreement conflicts with the general Terms on a matter of selling, this agreement governs.

Your relationship with us

You are an independent business. Nothing here makes you our employee, agent, partner or joint venturer, and neither of us may bind the other. BookingVana provides the software, storefront, checkout, payments and messaging; you own, price, staff, supervise and deliver your offerings, and the contract for each experience is between you and your customer — not us. You sell in your own name, and your customers are your customers.

Platform fee

BookingVana charges a platform fee of 3% on each transaction you process through it. Optional paid plans add capabilities; they do not reduce the 3%. Stripe's payment-processing fees are charged separately by Stripe and are not part of our platform fee. The fees in effect are shown to you when you enable selling and in your dashboard.

We will give you at least 30 days' notice before a change to your fees takes effect. If you do not accept a change, you may terminate this agreement before it applies; continuing to sell after the effective date is acceptance.

Payments and payouts

• Customer payments are processed and paid out through Stripe Connect. You must keep an active, verified Stripe account in good standing to receive payouts; if Stripe restricts or closes your account, we cannot pay you until it is resolved.
• We hold the funds from a booking — the deposit and the balance — and release your share to your Stripe account about 48 hours after the booked experience takes place, not at the time of booking. This protects your customers against non-delivery and covers the cancellation window during which a refund may still be due.
• We may hold, delay or reserve funds where we reasonably need to — for a suspected breach, an unusual pattern of disputes, a legal requirement, or a risk to customers — and will tell you why.

Cancellations, refunds and chargebacks

You set the cancellation and refund policy for each offering, it is shown to your customer at checkout, and you are responsible for honouring it. Refunds are funded from your sale proceeds.

You are financially responsible for all refunds, chargebacks and payment disputes arising from your bookings, including the platform and processing fees on the disputed amount and any dispute fees Stripe charges. We may recover these from your held funds, deduct them from current or future payouts, or keep a reserve to cover them. Because a customer can dispute a payment for roughly 120 days — sometimes after you have already been paid out or closed your account — this right survives both your payout and the end of this agreement.

Taxes

You are an independent business and are responsible for your own income and business taxes. We do not withhold or pay taxes on your behalf. Because you are paid through a third-party payment network (Stripe), a Form 1099-K is issued as required by applicable law; you must give us and Stripe accurate tax information (such as a W-9) before you can receive payouts.

Sales tax is treated separately. You are responsible for determining, collecting and remitting any sales, use or similar transaction taxes on your offerings — except where BookingVana is required by law to collect and remit them as a “marketplace facilitator”, in which case we will do so and tell you. Which applies depends on where you and your customers are, and it is your responsibility to understand your own obligations.

Your responsibilities

You agree to:

• describe and price your offerings accurately, and honour the policies you publish;
• deliver what you sold, respond to your customers, and treat them fairly;
• hold every licence, permit, certification and insurance your activity requires, and operate in full compliance with the laws that apply to it;
• obtain the waivers, age checks and supervision that any activity with real safety risk requires;
• keep your Stripe account, contact details and tax information current and accurate; and
• not use BookingVana to deceive, harm or discriminate against customers.

Verification

To sell, you must complete Stripe's identity verification (KYC); this is required and free. Certain in-person, one-to-one services additionally require a background check before they may be offered; where one is required, BookingVana arranges it and its cost is the Seller's. We may decline or remove an offering that has not met the verification its type requires.

What may not be sold

BookingVana is a platform for bookings, experiences and services, and what matters is not the category but the credentials: a regulated experience is welcome from a properly licensed, insured and lawful provider, and prohibited only when it is unlicensed, unlawful or unsafe. For example, a firearms-safety class, a hunting guide, an alcohol tasting or a wellness service is allowed when the provider holds the required credentials and runs it legally — and not otherwise.

You may not offer, sell or facilitate:

• anything illegal under the law that applies to you or your customer, or that facilitates it;
• sexual or adult services (including escort or companionship-for-hire services) — these are prohibited outright;
• any regulated activity for which you do not hold the required licence, permit, certification or insurance, or which you cannot run in compliance with the law and applicable age limits — this includes medical, dental, legal, financial or therapeutic services, and activities involving firearms, alcohol, vehicles, aircraft, watercraft, animals or heights;
• activities with serious safety risk that lack the required waivers, insurance, age limits or supervision;
• fraud or financial schemes — pyramid or multi-level marketing, get-rich-quick offers, unregistered securities or investments, money transmission, or unlicensed gambling;
• anything exploitative or hateful — human trafficking, child endangerment, or hateful, extremist, discriminatory or harassing content or services; or
• as physical goods (sold through connected stores or add-ons): counterfeit, stolen or infringing items, weapons, drugs, or anything on Stripe's list of restricted businesses.

Two backstops apply on top of the list above: you may not run any business that appears on Stripe's Restricted Businesses list (your payouts run through Stripe, so such a business cannot operate here), and we may prohibit or remove anything we reasonably determine poses a legal, safety, reputational or chargeback risk.

Your content

You keep ownership of the photos, videos, descriptions and other content you upload, and you are responsible for having the rights to use it. You grant BookingVana a non-exclusive, worldwide, royalty-free licence to host, display and promote that content in connection with operating and marketing the booking service and your storefront. You must not upload anything unlawful, infringing, or that you do not have permission to use.

Suspension and termination

For cause. We may suspend or terminate your selling account immediately, without notice, if you breach this agreement — and in particular for fraud, offering something prohibited, a safety or legal violation, or a risk to customers. We may suspend an account while we investigate.

For convenience. Either of us may end this agreement for any reason on 30 days' notice, and you may stop selling at any time.

What happens on termination. Bookings already made are honoured or refunded under the policy that applied to them; you remain responsible for delivering them or for the refunds if they are cancelled. Your final payout is settled after a hold for refunds and potential chargebacks, and the chargeback-recovery right above continues to apply after your account closes.

Liability and indemnity

The platform is provided “as is”, and to the fullest extent the law allows we are not liable to you for indirect, incidental or consequential loss, or for lost profit or data. Where our liability to you cannot be excluded, it is limited to the platform fees you paid us in the three months before the claim.

Because your offerings and your relationship with your customers are yours, you agree to indemnify BookingVana and Peter Fermoselle LLC against claims, losses and costs (including reasonable legal fees) arising from your offerings, your delivery of them, your customers, your taxes, your breach of this agreement, or your violation of the law or of someone's rights. Nothing here excludes a liability that cannot lawfully be excluded.

Changes to this agreement

We may change this agreement; the date at the top shows when it last changed, and material changes are announced before they take effect. Continuing to sell after a change takes effect is acceptance of it. Changes to your fees follow the 30-day notice rule above.

Governing law

This agreement is governed by the laws of the State of New York, United States, and the courts of New York have jurisdiction — without affecting mandatory protections of the law where you operate.

Contact

Questions about selling or this agreement:

• Email: support@bookingvana.com
• Web: https://www.bookingvana.com