COOPERATION AGREEMENT
Cooperation Agreement of the Go! Running Tours
How this works:
These terms and conditions apply by and between suppliers of tours, races and holidays (henceforth: products), the “suppliers” and “Go! Running Tours” registered company Go! Running Tours ApS (CVR: 35414975) with address: Kentiavej 24, 2300 Kbh S, Denmark.
Contracting Parties
Go! Running Tours operates the Internet Booking/reservation Platform www.gorunningtours.com, featuring tours, races, holidays and other touristic services and product add-ons owned by suppliers. Customers may view offers from suppliers on the platform and make booking/reservations. Go! Running Tours takes the role of an intermediary between the customer and the supplier. Go! Running Tours is not a contracting party between the visitor and the supplier.
The object of this cooperation agreement is solely the provision of the Go! Running Tours Booking/reservation Platform, based on the terms of this agreement. Go! Running Tours has no further obligations or liabilities.
The supplier offers sightseeing tours, running races, running holidays or other touristic services under own name and business. The Supplier seeks to promote services on the Go! Running Tours booking/reservation platform.
Collaboration
The parties shall act in good faith, loyally and use their best endeavours to maintain a constructive dialogue, be available for each other and raise and implement ideas for how to best achieve the objectives in this agreement.
Intellectual property rights
Go! Running Tours is the sole legal owner to and has all the proprietary rights to the digital platform, the digital services given under this agreement and its source code and the intellectual property and trademarks connected to it.
Go! Running Tours will continuously develop the code, website and add new functionality or modify the user interfaces during the cooperation and remain the sole owner of the digital platform and its code and all intellectual property connected to it. No Intellectual property is transferred under this agreement.
Any unauthorized use of the Intellectual property rights under this Agreement constitutes a criminal offense and will be subject to criminal legislation and sanctions.
Responsibility for content
The supplier is responsible for validating all information provided to Go! Running Tours related to the event such as running race, running holiday, running tour; the tickets, add-on products, additional services etc., to make sure it is correct and lawful at all times. The Supplier is in addition responsible for making sure the content meets the high standards that customers have regarding accuracy and timing.
The Supplier specifically warrants that any content published or otherwise provided by the Supplier to Go! Running Tours under the agreement, including marketing material (photos, videos, graphics etc.) (i) does not infringe any third party’s intellectual property rights and may be freely and without cost used by Go! Running Tours for marketing purposes of the event.
Price Guarantee
The supplier is obligated to offer the products at the same price as offered on suppliers own website. The supplier must therefore not lower the prices of products before notifying Go! Running Tours, this includes promotional deals.
Go! Running Tours reserves the right to add a service fee to any supplier products that is paid on top of the price stated by the supplier. This service fee is not included in commission calculations.
Up-time and availability
Go! Running Tours is responsible for the operation and maintenance of the digital of the platform to market standards.
Product offering:
The Go! Running Tours Booking Platform is provided in English and the company is only responsible for the resale of tours, holidays, races entries, other touristic services as well as add-on products and services. The product offering contains running sightseeing tours, running races, running holidays and other running and touristic services.
The suppliers are responsible for the delivery of the booked products.
The supplier may only offer his own product offerings on www.gorunningtours.com and any other Go! Running Tours owned domains. He may not offer products for which he is only an intermediary or agent. The supplier needs to be prepared to perform the offered service. It is forbidden to upload sham or loss-leader products.
Communication:
For products booked via the Go! Running Tours platform, suppliers will receive a booking confirmation via email which includes all relevant customer data.
The supplier is required to confirm the receipt of the booking to Go! Running Tours as well as the customer within 24 hours with a “thank you for signing up” or “welcome to the event” type of emails to ensure good customer experience.
Thereafter all communication regarding the booked product will be handled by the supplier. Go! Running Tours will not be intermediate between the customer and the Supplier after a product has been booked.
It is the supplier’s sole responsibility to ensure that the customer receives all necessary information in a timely manner to make sure the customer is well aware of the details of the event and any preparations needed and mandatory requirements incl but not limited to visas, insurance etc.
If the supplier presents an official start/participation list on their own website, the supplier is obligated to include participants who have signed up at Go! Running Tours platform within 3 days from the registration.
Payments
Go! Running Tours is responsible for handling the payment from the customers.
Go! Running Tours offers payment via Stripe and prices featured on the platform will have to be stated in EURs as the base currency.
Go! Running Tours may offer payment in different currencies and may work with a 2% exchange rate security. In case of payment in currencies other than EURs commissions will still be calculated based on the EUR prices provided by the supplier.
The net payment (the full balance minus the commission) will be transferred to the supplier once a month via bank transfers via Transferwise. Transfers are based on EUR amounts and will where possible be transferred into a local bank account in local currency or the supplier has the option of creating a EUR currency account on Transferwise where the balance will be transferred to.
Transfers for running races will be done monthly according to the order date, while transfers for tours will be done according to the date the tour is taking place.
For products booked where Go! Running Tours charge a deposit, no money will be transferred to the supplier. In this case, the Supplier is responsible for requesting payment of the outstanding balance directly to the supplier and according to their own terms and conditions.
Cancellations – Suppliers:
The supplier has a right to exclude customers from participating in the booked Product if they do not meet the participation requirements stated at the Product page booking the product or if you otherwise compromise the safety of yourself or others, or otherwise interferes with the proper conduct of the Product. For such cases, you will not receive any refund of the booked Product.
Running Races: If the running race is cancelled the T&Cs stated by the local race organizer applies and handled by the local race organiser if applicable. Go! Running Tours does not offer refunds for cancelled races.
Tours: The supplier may cancel the contract only if unforeseeable or unavoidable external circumstances make it impossible, significantly impede or compromise to carry out the service. The supplier is obliged to inform the participating customers as early as possible via email and also inform Go! Running Tours so that a refund can be initiated. In this case, the participating customers will be fully refunded.
Running Holidays: Should circumstances beyond the control of the supplier hinder him in carrying out the booked Product in safe manners, he shall have the right to cancel the Product. In such case, a full refund shall be made to the customer and the supplier shall not be compensated for any damages incurred.
Cancellations – Customers:
Running races: The customer can cancel their participation in a running race, however, no refund is provided.
Running Holidays: The customer can cancel their reservation and full booking of a running holiday. In this case, the running holiday supplier refund policy applies for the amount paid directly to the supplier after making the initial reservation on the Go! Running Tours platform. The deposit paid on the Go! Running Tours platform is non-refundable.
Tours: If specific cancellation terms are stated on the tour description these apply and otherwise the customer is entitled to cancel the booking up to 4 workdays before the booked tour date. In this case, the full amount minus the service fee will be refunded. There will be no payment to the supplier.
If a customer cancels an appointment between 3 and 0 days before the booked tour date, or if he does not attend the tour, he is obliged to pay the full tour price, which is transferred to the supplier, less the commission.
Customer data
Upon booking Go! Running Tours will provide the supplier with the customers’ contact details and other details required for completing the booking. The supplier has the right to use this information to communicate and carry out the promised product and services.
The supplier does not have the right to use the customer data for any type of marketing or promotion and is strictly forbidden to share or sell this data to a 3rd party.
The supplier is required to adhere to GDPR and other data protection acts applicable in their geographic region.
Go! Running Tours handles data according to our Privacy Policy.
Delivery
The Supplier has the sole responsibility and liability for the booked product and delivery of any products and services ordered through the Go! Running Tours platform.
The Supplier is responsible for customers following the rules and guidelines set out by the supplier e.g. regarding age limit, time limit, second-hand sales of tickets, refund policies etc.
Customer service
The supplier is responsible and liable for resolving customer issues related to the booked product and any add-on services.
Go! Running Tours is responsible for resolving customer issues related to the digital platform, payments and sales of products and add-on services.
The supplier is responsible for giving Go! Running Tours contact details to the customer support; email and/or phone number. This information will be included in the confirmation email.
Add-on products from Go! Running Tours
Go! Running Tours has the right to promote and sell own add-on products in connection with products featured on the Go! Running Tours platform.
Publication of supplier products
Go Running Tours has the right to publish a supplier’s products on partner websites. Go Running Tours is allowed to resell tours via 3rd party sales partnerships.
Term and termination of the agreement
Any individual contracts with City Managers and Lead guides adhere to the terms and conditions of the signed contract.
For any 3rd party supplier (tours, holidays, races etc) this agreement is applicable from listing the products and services on the Go! Running Tours platform. Both parties can terminate the agreement with immediate effect. Any bookings received for services after the termination of the agreement still has to be carried out according to the agreement and service level.
If not requested by the supplier (e.g. through email, phone call), Go! Running Tours will automatically sell products for the coming years.
If neither Party announces termination of this Agreement before its expiration, the Agreement shall be automatically extended for one year. There shall not be any limit to the number of periods for which this Agreement may be extended.
Either party is entitled to terminate the agreement with immediate effect in case the other party:
(a) is in material breach of the agreement and fails to remedy such breach within 30 days from written request thereof; is declared bankrupt, is subject to company reorganization, seeks a composition of creditors, suspends payments or in any other way is deemed to be insolvent.
Suppliers operating as official Go! Running Tours City Managers has separate termination terms as specified in their contract.
Changes to the agreement
Go! Running Tours may, at any point, with a thirty (30) days notice make changes to the Cooperation Agreement. Products booked under the previous terms and conditions are not subject to the changes.
Liability of the supplier to participating customers
The supplier is a contracting party with the participating customer and thus responsible for the correct execution of the service. Go! Running Tours cannot be held responsible for the execution and handling of the product. The supplier will strive to solve problems directly with the customer.
Should Go! Running Tours be prosecuted because of a supplier’s product, the supplier will help Go! Running Tours to defend any claims and set Go! Running Tours free of any demands.
The supplier needs to possess comprehensive general liability insurance, which ensures the products offered on the Go! Running Tours Booking Platform. It is obligatory to agree upon an insurance sum that is appropriate for the given booking volumes and risk.
The general liability insurance also needs to cover potential regress claims from Go! Running Tours.
It is the supplier’s sole responsibility to ensure that the relevant insurance or disclaimers are in place and in effect.
Allowances
The supplier guarantees Go! Running Tours that he complies with all legal preconditions and requirements for the products he offers and that he possesses all necessary allowances.
The supplier guarantees Go! Running Tours that all legal security standards and standards of relevant professional organizations or associations are met.
The supplier is responsible for complying with employment and labour rules.
Damages caused by participating customers
Go! Running Tours is not liable by any means for damages participating customers cause to the supplier, other participating customers or third parties. The supplier settles such affairs with the participating customer directly.
Miscellaneous
If any provision of this agreement is invalid or should become invalid, the remaining provisions shall remain in effect. The invalid provision should be replaced with the one that is closest to the economic intent of the parties involved.
Concerning working days, times and deadlines in the relationship with Go! Running Tours, the regulations of Denmark are authoritative. In reference to timing, the time zone UTC+1 (UTC+2 during daylight saving time, Middle European Time Zone) is authoritative.
Concerning times and deadlines regarding the relationship of customers and suppliers, the time zone of the supplier is authoritative.
Upon termination of this contract, suppliers are obligated to fulfil already concluded contracts with customers.
Place of Fulfilment
As place of fulfilment, the parties agree Copenhagen, Denmark.
Applicable Law for the contract Go! Running Tours – supplier and venue of jurisdiction
This Cooperation Agreement and any further legal relations are subject exclusively to Danish law.
Dispute resolution
All disputes arising in connection with this agreement shall be finally settled under the arbitration rules of the Danish Chamber of Commerce. All communications and proceedings shall be held in the Danish or if agreed on the English language.
The place of arbitration shall be Copenhagen, Denmark where the award shall be made. In the first instance, we request that you contact us if you have a complaint against us and we will try to resolve it. Nothing limits your right to bring a complaint against us by applying to a court in Denmark.
Acceptance
By using the services of Go! Running Tours the supplier organizer has agreed to the above Terms and Conditions.