WingX: Terms of Service (User Member)
Last updated: 08/02/2017
Karibuni WingX Ltd (C 79910) (“WingX”; “We”; “Us” or “Our”) provides an online marketplace for booking and hiring travel guides, guided tours and other travel-related services or activities, through its site, which is accessible at (the “Site”), and/or through its corresponding mobile application , which may be downloaded here (the “App”).
By means of the Site and/or the App, the user is then directed to the online platform operated by WingX (the “WingX Marketplace”), from where these available travel guide and travel related services may be browsed and searched, and ultimately booked with and hired from the relevant travel service provider (collectively, the “Services”).
For a more detailed description of the Services, kindly read our Flyer.
Please read the following terms and conditions (the “Terms”) carefully, together with Our:
each of which are incorporated by reference into these Terms.
These Terms effectively govern any use which you may make of the Services. Thus, specifically, the hire of any travel guides, guided tours and other travel-related services or activities which are on offer over the WingX Marketplace shall be regulated by these Terms.
Furthermore, these Terms also explain the process for contacting the relevant travel service provider and placing a booking, and also provide pertinent information with regards to, amongst others, cancellations and liability.
By using Our Site or otherwise availing yourself of any of Our Services, you are hereby agreeing to be legally bound with immediate effect by these Terms.
Should you not wish to be bound by these Terms, please leave this Site immediately and do not use Our Services.
For identity purposes, WingX is a limited liability company, registered and incorporated under the laws of Malta, with company number C 79910 and having its registered address situated at Whitehall Mansions, Level 2, Ta’ Xbiex Seafront, Ta’ Xbiex XBX 1026, Malta.
- General and Registration
WingX offers the full scope of the Services to registered members only, being:
- tourist and travel guides, as well as providers of travel-related services and activities, who wish to place their services on the WingX Marketplace and make them available for hire to users of the Site and/or the App (“WingX Companions”); and also
- end-users who wish to book and hire such guide and travel-related services or activities from its WingX Companions, as made available on the WingX Marketplace (“User Members”).
These Terms apply differently to User Members and to users of the Site and App (i.e. not registered). Generally, users of the Site and App are able to view and browse pages, service descriptions, reviews and profiles on the WingX Marketplace without registration. Registration though, is required to make use of all other features (including, significantly, to be able to book and/or hire any of the travel guide or travel-related services which are on offer over the WingX Marketplace, to communicate with Our WingX Companions and even to be able to post reviews or upload any other content).
With registration, natural and legal persons may become User Members of WingX.
Natural persons must be of full age; that is, eighteen (18) years old or higher, depending on the person’s domicile, residence or jurisdiction.
No-one shall have a right to membership of the WingX Marketplace.
The registration of a legal person may only be undertaken by a natural person who is duly authorised to represent that legal person. The natural person must be named. In cases where an association of persons can only be effectively represented by more than one person, the natural person who acts on behalf of that legal person for Our purposes must be respectively authorised to do so.
User Members are required to keep their registration information accurate and up-to-date, and to update such information accordingly when relevant changes occur.
At the time of registration, the registrant must select a member name (i.e. username) and password. The password must be kept secret and be of a sufficient degree of complexity. You may not select a member name which is already in use by someone else. Furthermore, no person has a right to a particular member name or a particular password.
It is your sole responsibility to ensure that your chosen password remains, at all times, fully confidential. We will not be liable for any disclosures of your member password which you may make or for any inadequate or insecure password you may select, or any consequences that may result from the same.
Member accounts are not transferable and may only be used by the member personally. Creation of a new account following termination by WingX is not permitted.
Please note that separate terms apply to the WingX Companions, which must be accepted by them in full prior to being able to make their travel guide and/or travel related service available to book and hire over the WingX Marketplace.
- Our Role
As a prospective User Member, WingX connects you with the tour guides and other service providers whose services are featured on the WingX Marketplace and are available for hire through it. Essentially, the WingX Marketplace provides a communications and payment processing system which enables the connection between you (the User Member) and the WingX Companions, and allows for quick and straightforward transactions to be carried out and bookings to be made.
A member registered as a User Member on the Site is eligible to hire tourist guides, tours and other related travel services and activities from WingX Companions. When you book any of these guides, activities or other services through the WingX Marketplace and Services, you are contracting directly with the WingX Companion concerned. All legal and contractual obligation relating to the invitation to place an order, or the actual hire of such guides, tours, activities and related travel services, are the sole responsibility of the WingX Companion concerned.
WingX’s role here is purely that of operating the WingX Marketplace, and assisting with the process strictly as an intermediary. While We may provide assistance or mediation in resolving disputes and other matters, in all cases, We are neither a direct party, nor an indirect party, to any transactions which you may contemplate or conclude with a WingX Companion through the WingX Marketplace.
- Relationship with WingX Companions
The WingX Companions featured on the WingX Marketplace are independent contractors, and are neither employees nor agents of WingX. WingX does not represent these WingX Companions in any manner whatsoever, and the provision of any of the Services to you should, in no way, be construed as a deviation or departure from this.
Thus, you hereby expressly understand and accept that WingX does not control the quality, timing, fitness, suitability or any other aspect of these travel guide or travel-related services, as they are actually solely provided to you by such WingX Companions.
Further, WingX also uses its best efforts to monitor the actions of its WingX Companions, and also fully takes into consideration any and all feedback which you may provide regarding their particular services. On the basis of this monitoring and your feedback, WingX will suspend the privileges of any WingX Companion which it considers to be in breach of its policies and/or terms of service.
Notwithstanding this, WingX does not in any way whatsoever accept or assume responsibility for the integrity and actions of the WingX Companions.
Moreover, please note that each and every WingX Companion has, as a pre-condition of its registration, expressly warranted to Us that they are duly authorised to provide their particular services in those countries where they have indicated them as being available on the WingX Marketplace, and will, at all times, be in possession of and maintain any all licences, qualifications and/or permits which may be mandated by those countries.
If, however, no such authorisation, licence, qualification or permit is mandated by the country in question, then the WingX Companion’s sole obligation is to warrant that this in fact the case and to advise and respond accordingly should any legal developments take place in the future.
We are however in no way responsible for the accuracy of these warranties and we do not carry out any form of due diligence in this respect. You thus hereby acknowledge and accept that We are not under any obligation to verify these warranties furnished by Our WingX Companions.
You, therefore, also agree that all actions, claims and suits relating to a false, fraudulent or inaccurate warranty given by a WingX Companion must be solely directed, to the exclusion of WingX, against the WingX Companion concerned.
Your feedback and review of the WingX Companions, the services that they provide, as well as the manner and ease in which your booking was placed and confirmed, can help us improve the quality of the WingX Marketplace and Our Services.
Moreover, you agree to immediately report to Us any improprieties on the part of the WingX Companions, whether you have observed these improprieties directly or they have otherwise come to your knowledge through some other manner.
- Order Process
The WingX Marketplace features a wide and diverse range of travel guides, guided tours and other travel-related services or activities, for your consideration and selection. Availability shall, however, always depend upon the location you have indicated, and shall also lie at the WingX Companion’s sole discretion.
For sake of reiteration, prior registration is required in order to be able to book and hire any of the travel guide and travel-related services featured on the WingX Marketplace.
Accordingly, once you (as a registered User Member) have decided upon a particular travel guide, guided tour or travel-related service or activity that you wish to book and hire, a prompt will appear enabling you to make contact with the WingX Companion concerned through the ‘chat functionality’ available on the Site or App, as applicable.
Your booking will be processed and confirmed over the WingX Marketplace only upon and following the acceptance of the relevant WingX Companion to provide the requested services, at the indicated time and location. . Once such acceptance has been provided, you will then be asked to submit the relevant payment.
At that stage, you will be directed to the site of the third-party service provider which We use to process payments made by User Members, and shall be required to supply your billing information, including credit card details (namely, Paypal and Braintree Payments).
For further information on these billing and payment processing services, please contact Our third-party service provider at .
You hereby agree to hold WingX harmless to the maximum extent permitted by applicable law for any damages or other losses that may result from the disclosure or release of your personal information by any of these third-party service providers.
Prices will be as specified on the applicable listing. You acknowledge that, unless otherwise specified, prices do not include applicable taxes or surcharges, if any, for which you are responsible and which will separately identified on the receipt or invoice issued by the WingX Companion concerned.
In this respect, WingX and/or its third-party service provider shall only be responsible for collecting your billing information and processing your payment.
Accordingly, (i) once the WingX Companion has accepted to provide the services which you have requested and (ii) your payment has been successfully processed, a legally binding contract arises between you and the WingX Companion. Any failure on your part to fulfil your resultant contractual obligations may be legally actionable.
All orders are subject to availability and prior acceptance by the WingX Companion concerned (as indicated above). Any services which you have inputted into your shopping basket are not reserved and may be booked or hired by other User Members.
Once you have hired any of the travel guide or travel-related services or activities on offer on the WingX Marketplace, any issues related thereto should ideally be directed to the WingX Companion. However, where this issue cannot be resolved directly with the relevant WingX Companion, you should contact WingX at and we will then attempt to resolve the matter on your behalf.
- Information Reliance
The WingX Companions are solely responsible for the accuracy and veracity of the information accompanying their listings on the WingX Marketplace, including the descriptions of the relevant services, their availability, restrictions, price offers, offers of discounts or special prices and any other forms of promotions, and all other information which the WingX Companions may furnish to you through your communications or interactions with them over the Site or App, as applicable.
You accept that We are not bound to make any attempt to verify this information and/or any other statements made by the WingX Companions, and that We shall not, in any way, be responsible for any omissions, inaccuracies or false assertions contained in the information that they provide.
You may still cancel your booking even once it has been successfully placed and processed. For instance, in the case of a tour guide, you may cancel the tour which you have booked by tapping on the particular guide’s details. This will then open additional user options, including in particular a ‘Cancel Guide’ button at the bottom right-hand corner. After tapping this button, you will receive a prompt asking you to confirm that you wish to cancel your tour.
Tap ‘YES’ if you are sure that this is what you want to do. We will then send you an acknowledgement of this cancellation, and the tour guide will receive a notification from Us.
An identical method of cancellation applies to the other travel service providers featured on the WingX Marketplace, and the particular services which they provide.
Kindly note that each WingX Companion featured on the WingX Marketplace has his own cancellation policy in place; and therefore, in certain instances, a cancellation fee could be charged. Our WingX Companions shall provide you with the terms of their respective cancellation policies, for your acceptance, prior to you confirming any booking.
Furthermore, if you constitute a “consumer” at law and reside in the European Union, you may also be separately entitled to a 14-day “cooling-off period” or a “right of withdrawal”, during which you may withdraw from a contract concluded with a WingX Companion for any reason, without being charged. Generally, you are deemed to be a “consumer” if you are neither a business, nor an individual who is making use of such tours and travel related services for purposes that are wholly or mainly connected with any business.
Read more about the EU right of withdrawal in this Help article.
Alternatively, where the WingX Companion needs to cancel the travel guide, guided tour or other travel-related service or activity which you have booked due to, for instance, the weather or other circumstances, you may either choose to (i) cancel the service or (ii) re-schedule a new date.
If you opt for the former, kindly note that you will not be charged for the cancelled travel guide, tour or other travel-related service or activity.
- Payment Methods
The WingX Companion shall receive your payment, less Our commission, either after the service has been provided to you or, if applicable, once your statutory cooling-off period has expired, whichever is the earlier of the two. Your credit card is used as a payment guarantee and as the sole payment method.
Thus, where your cancellation or withdrawal is made either within the timeframe set out in Clause 8 or the Withdrawal Period specified in Clause 9, We (through Our third-party service provider) will simply not withdraw this payment from your credit card.
- Information Provided by You
You are fully responsible for providing accurate, up-to-date and complete information in connection with your registration as a User Member as well as in respect of any payment or billing details which you may be required to furnish in relation to the WingX Marketplace.
We shall not be responsible, and may seek legal action against you, for any claims (of whatever nature or form) which relate to or otherwise arise out of any inaccurate, untimely or incomplete information that was given to Us, or Our third-party billing and payment service provider, by you.
WingX is committed to ensuring the privacy of the information which you give Us.
- Intellectual Property Rights
All text, graphics, editorial content, logos, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and all other content or material found on the Site, App or WingX Marketplace is owned by WingX or is otherwise used with the proprietor’s permission (collectively, “Proprietary Material”).
This Proprietary Material is protected in an all forms, media and technologies and all rights arising thereto (including, intellectual property rights) are expressly reserved. Amongst others, you may not copy, download, use, re-design, modify, reconfigure, retransmit or create derivative works of the Proprietary Material (or any part thereof).
You acknowledge that the availability of the Site, App or WingX Marketplace does not authorise you to make use of any of the Proprietary Materials in a manner which would be in breach of either Our or third party intellectual property rights, or other proprietary rights.
Your failure to abide by this Section 12 will expose you to damages and, in the case of a breach of any third-party rights, you agree to defend, indemnify and hold Us harmless against all claims, actions or suits which may be brought in connection with this breach.
- Notice of Trademark Rights
All logos, word marks, service marks and other trade marks appearing on the Site, App or WingX Marketplace are either owned by or licensed to WingX.
You may not copy or use (in any manner) any of these logos, word marks, service marks or other trade marks without Our prior written permission or that of the applicable proprietor.
- Rights of Use
A User Member is able to post reviews through the Site or App, with respect to the WingX Marketplace, any of the WingX Companions and the particular travel guide or travel-related services or activities which they provide. As a pre-condition, though, you (as a User Member and the author of the review) hereby agree to grant us all of your rights, title and interest in and to the content of this review, including all intellectual property rights.
This covers, in particular, the right to reproduce, distribute, communicate or make available to the public, disseminate, adapt or modify this content. These rights shall remain vested with WingX even following the end or termination of your membership as a User Member.
Your moral rights (if applicable) shall remain unaffected.
Should any consideration be due in terms of applicable law for the transfer of these rights, you hereby warrant to accept the sum of EUR 5 as full and final settlement for the transfer. Furthermore, where it results that consideration is due in terms of applicable law, WingX shall never be construed as being under any form of obligation to acquire the rights to the content concerned.
The rights granted above may be assigned by WingX to third parties. WingX shall not be liable to pay any additional remuneration to you in such cases.
User Members agree to fully release WingX from any claims which third parties might assert against WingX due to an infringement of their rights, or a breach of duty of the User Member, or a breach of any contractual obligation which they may have with a WingX Companion, unless the User Member is not responsible for the breach in question. This covers, in particular, false or fraudulent bookings or cancellations and/or the posting of ratings, reviews or comments which are unlawful (e.g. defamatory). Reasonable costs of a legal defence (in particular, attorney fees) which WingX has demonstrably incurred through the misconduct of the User Member, must also be reimbursed in full.
- Waiver and Release
You acknowledge that all travel and travel-related activities involves an element of risk, and that the travel guide and travel-related services on offer on the WingX Marketplace may be adventurous in nature and entail a significant amount of personal risk.
Given this, prior to the commencement of any travel-related activity booked over the WingX Marketplace, you will be required to sign a Liability Release. You can view a copy of the Liability Release by accessing the following link .
You accept that, if you confirm your booking, and then refuse to sign this Liability Release:
- the WingX Companion shall be entitled at that point to refuse to provide the travel-related service or activity concerned (irrespective of any prior acceptance); and
- in the event of such a refusal by the WingX Companion, you will not be entitled to any refund or reimbursement.
- Limitation of Liability
The following provisions on the limitation of liability of WingX apply to all claims for damages and liability, irrespective of the legal grounds on which such claims are based (e.g. guarantee, default, breach of duty, impediment to performance or negligence), except for those which WingX cannot exclude at law such as:
- claims of the User Member due to losses caused by injury to life, body or health, or
- rights and claims of the User Member based on wilful, fraudulent or grossly negligent behaviour on the part of WingX itself, its legal representatives or vicarious agents.
Accordingly, in respect of these exceptions, the statutory provisions alone shall apply.
Liability for WingX due to the non-availability, non-operation or interrupted use of the WingX Marketplace is hereby fully excluded. In particular, no claims against WingX can exist where non-availability affected a booking with a WingX Companion.
Without prejudice to the exceptions outlined above, under no circumstance shall WingX (or its officers, directors, employees, sub-contractors and agents) be liable to you for any damages of whatever kind or nature, including indirect, consequential, special or exemplary damages, or any damages sustained to your computer equipment, or the degree thereto, that you may suffer in connection with your access to or use of the WingX Marketplace.
If, however, such liability cannot be excluded in terms of applicable law, then by way of pre-liquidated damages, Our maximum liability to you (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise), or that of Our officers, directors, employees, sub-contractors or agents, is hereby being set per annum (irrespective of the number of claims) to the lesser of: the amount of actual damages suffered; or 100 Euros.
WingX is not liable for the performance of agreements between User Members and WingX Companions.
WingX is not obligated to monitor the information transmitted or stored (although it may do so for the purposes of quality assurance), and is under no obligation to search for possibly illegal content.
WingX may, without prior notice, terminate your registration and suspend or permanently block your access to the WingX Marketplace at any time for any valid reason, including due to any improper use of the Site, App or WingX Marketplace or failure to comply with these Terms or the other terms which have been incorporated herein by reference.
Where your registration as a User Member is terminated (for any reason whatsoever), your agreement with WingX under these Terms shall terminate immediately, although the following sections shall survive: Section 2 (General and Registration); Section 7 (Information Reliance); Section 11 (Information Provided by You); Section 13 (Intellectual Property Rights); Section 14 (Notice of Trademark Rights); Section 15 (Rights of Use); Section 16 (Indemnity); Section 17 (Waiver and Release), Section 18 (Limitation of Liability); Section 21 (Miscellaneous Provisions); and Section 22 (Applicable Law and Jurisdiction).
Any notice or other communication to be given by Us in connection with these Terms shall be in writing and sent by facsimile, post-paid registered or certified mail return (receipt requested) or electronic mail.
- Miscellaneous Provisions
The most recent version of the Terms is stored on the WingX Site and is available to be viewed by anyone. Earlier versions of the Terms which are not more than two years old are available upon request.
WingX is entitled, for the purpose of performing its obligations under these Terms, to delegate or otherwise avail itself of third parties’ services, which are in addition to those provided by its WingX Companions. Claims against WingX may not be assigned to third parties either in full or in part.
WingX may transfer its rights and obligations under these Terms to any other trader, entity or organisation, by giving five days’ notice in writing. These Terms are however personal to you. You may only transfer your rights or obligations under these Terms if We agree to this in writing. No other person shall have any right to enforce these Terms.
If any court or other authority finds any clause or provision in these Terms, or part thereof, to be illegal, the rest of the Terms, including the unaffected part of the clause or provision concerned, will continue to apply in full force and effect.
These Terms shall inure to Our benefit, and Our successors and assignees.
If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent Us from taking steps against you at a later date.
We reserve the right to make changes to these Terms from time to time. We shall notify you with the updated Terms, and shall also post these updates on Our Site. Unless you communicate otherwise within 1 week of your receipt of these updated Terms or upon Us posing these updates on Our Site (whichever is earlier), you will be assumed to have accepted and consented to the updated Terms in full.
- Applicable Law and Jurisdiction
The legal relationship between the parties to these Terms is subject exclusively to the laws of Malta. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 do not apply (if applicable in the first place).
For all disputes which may arise between you and WingX in relation to these Terms or as generally arising from the use of the Services and/or WingX Marketplace, the parties will make all amicable attempts to resolve the dispute in the least onerous manner and without the need of instituting judicial proceedings (of whatever form or nature). However, if the dispute cannot be resolved, the parties agree that the Courts of Malta shall have exclusive jurisdiction to hear and determine the dispute.