Terms and conditions

1. Key Definitions

Platform
Refers to the website piawak.com, the SaaS application at app.piawak.com, and all related services.

Tour Operator (“Operator”)
A user who subscribes to our Platform to offer, manage, and sell their tourism services.

Tourist
A user who uses our Platform to discover, book, and pay for tourism services offered by Operators.

Tourism Services
Includes tours, activities, classes, or any other experiences offered by Operators through the Platform.

2. Acceptance of the Terms

By creating an account on PiaWak or using any part of our Platform, you confirm that you have read, understood, and agreed to these Terms in full, along with our Security and Privacy Policy. If you do not agree with any part of these Terms, you must not use the Platform.

3. Nature of the Platform

PiaWak is a technology platform acting as both an intermediary and management tool.

• For Operators: We provide a Software as a Service (SaaS) solution to help manage their business.

• For Tourists: We serve as a portal and marketplace where they can connect and contract directly with Operators.

Important: PiaWak is not a tour operator, travel agency, or provider of Tourism Services. The contract for any Tourism Service is exclusively between the Operator and the Tourist. PiaWak is not a party to that contract and assumes no responsibility for the quality, safety, or execution of such services.

SECTION A – Terms for Tour Operators

4. Subscription and Payments

• Subscription Model: Access to Operator management tools requires an active monthly subscription. Multiple plans are available with different features and pricing.

• Dynamic Pricing Model: Subscription fees are dynamic and based on Costa Rica’s tourist seasons (High Season: December–April; Green Season: May–November). Rates adjust automatically based on billing month.

• Billing: Subscription fees are charged at the start of each billing cycle via the provided payment method. You are responsible for keeping payment details current.

• Cancellation: You may cancel anytime from your dashboard. Cancellation takes effect at the end of the current billing cycle. No refunds for partial periods.

5. Operator Responsibilities

• Accuracy of Information: You are solely responsible for the accuracy, quality, and legality of all information published (pricing, schedules, itineraries, photos, etc.).

• Service Delivery: You are solely responsible for providing safe, professional, and lawful Tourism Services, in compliance with Costa Rican regulations, permits, and insurance requirements.

• Booking Management: Keep your availability calendar updated to avoid double bookings.

• Customer Relations: You manage all communication and agreements directly with Tourists. PiaWak only facilitates the connection.

SECTION B – Terms for Tourists

6. Bookings, Payments, and Service Fees

• 6.1. Booking Process: By making a booking, you are making an offer to purchase a Tourist Service directly from the Operator. The successful completion of the payment process confirms your booking.

• 6.2. Cost and Payment Structure: The total amount of your booking is composed of two elements that will be clearly itemized before you finalize the transaction:

• a) Cost of the Tourist Service: The price set directly by the Operator.

• b) Platform Service Fee: To cover operational, security, and support costs, a service charge equivalent to 3% of the Cost of the Tourist Service will be applied.

• 6.3. Payment Authorization: By providing your payment information and confirming the booking, you authorize us to process the charge for the total amount (the sum of the Cost of the Tourist Service and the Platform Service Fee) through our certified payment gateways.

• 6.4. Confirmation: Once the payment is processed, you will receive a confirmation email with the full details of your booking and a breakdown of the amounts charged, which will serve as your proof of purchase.

7. Cancellations and Refunds

• Cancellation Policy: Each Operator sets their own cancellation policy. Review it before booking.

• Refund Requests: All refund or cancellation requests must be addressed directly with the Operator according to their stated policy. PiaWak does not process or guarantee refunds.

SECTION C – General Terms

8. Acceptable Use of the Platform

You agree not to use the Platform for any unlawful or prohibited activities. This includes publishing false, fraudulent, defamatory, or infringing content.

9. Intellectual Property

• PiaWak Content: All design, software, logos, and text (excluding user content) are owned by PiaWak and protected by intellectual property laws.

• Operator Content: Operators retain rights to their content but grant PiaWak a worldwide, non-exclusive, royalty-free license to use, display, and distribute it for Platform operation and promotion.

10. Limitation of Liability

To the fullest extent permitted by law, PiaWak will not be liable for:

• Use or inability to use the Platform.

• Quality, safety, or any aspect of Tourism Services provided by Operators.

• Any dispute, injury, or incident between a Tourist and an Operator.

11. Modification of the Terms

We may update these Terms at any time. Significant changes will be notified to users. Continued use of the Platform after changes implies acceptance of the updated Terms.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Costa Rica. Any disputes will be subject to the exclusive jurisdiction of the courts of San José, Costa Rica.

13. Contact

If you have questions about these Terms, please contact us at:
📩 travelwithpiawakcr@gmail.com