WeBird Guide Terms and Conditions

Effective Date: 13 May 2025

These Supplier Terms and Conditions ("Agreement") are entered into between all4birding LLC ("WeBird") and the Guide ("Guide"). This Agreement governs the relationship between WeBird and the Guide and the services provided through the WeBird platform.

1. WeBird Platform

WeBird operates an integrated online booking and payment platform connecting traveling birders (“Clients”) with local birding guides (“Guides”). Through the WeBird Platform, :

Travelers can purchase guided birding tours from Guides.

Guides can manage their profile, list their services, and handle their availability.

WeBird facilitates bookings and payments but is not a party to contracts between Guides and Travelers.

2. Guide Responsibilities

2.1 Account Setup: Guides must provide complete and accurate information, including legal name, address, contact details, applicable licenses, payment details, tax information, and cancellation policy

2.2 Login Credentials: Guides must keep their account credentials secure. Unauthorized access must be reported to WeBird immediately.

2.3 Service Listings: Guides must ensure their profile, service descriptions, pricing, and availability are up-to-date and accurate.

2.4 Obligation to Fulfill Bookings: Contracts are concluded between individuals. A Guide who accepts a booking must personally conduct the tour. Subcontracting or replacing the Guide with another individual is strictly prohibited.

2.5 Tour Operators: While WeBird primarily caters to independent Guides, Tour Operators may list their Guides under individual profiles. Each Guide within an operator’s network must accept and fulfill their own bookings without substitution. See §13 Tour Operator Participation Policy.

3. Pricing and Payments

3.1 Guide’s Pricing: Guides set their own prices, which must be inclusive of all applicable taxes and fees.

3.2 Commission: WeBird charges a commission on completed bookings. The applicable commission rate is set at 15% on top of the price set by Guides. Therefore, Guides do not need to take into account commissions when calculating their own prices, WeBird will automatically add its commission to the price as decided upon by the Guide.

3.3 Payment Processing: WeBird facilitates payments and collects funds from Clients on behalf of Guides. Payments will be processed after completion of the agreed-upon Services for any given booking and transferred to the Guide's designated payment account.

3.4 Chargebacks and Disputes: If a Customer disputes a charge, WeBird will notify the Guide and may withhold payment until the dispute is resolved.

4. Cancellations and No-Shows

4.1 Guide-initiated Cancellations: If a Guide cancels a booking, the Client will receive a full refund, and WeBird reserves the right to impose penalties, including suspension from the WeBird Platform.

4.2 Customer-initiated Cancellations: Clients may cancel their bookings based on the cancellation policy specified by the Guide. If a refund is due, WeBird will process it according to the Guide’s stated policy.

4.3 Client No-Shows: If a Client fails to appear for a scheduled tour without prior notification, as per the cancellation terms agreed upon during booking, the Client will not receive any refund, and may be subject to account suspension or termination. Guides will receive their agreed-upon rate after the final date of the booking, unless a dispute resolution process has been initiated by the No-Show Client, in which case payment will be withheld until the dispute has been resolved.

4.3 No-Shows: If a Guide fails to appear for a scheduled tour, the Client will receive a full refund, and the Guide may be subject to account suspension or termination.

5. Service Standards

5.1 Professionalism: Guides must conduct themselves professionally and provide a high standard of service to Clients.

5.2 Safety and Compliance: Guides must comply with all local regulations, safety protocols, and environmental guidelines.

5.3 Communication: Guides must respond to Client inquiries in a timely and professional manner. All communication before any booking is made, and any communication before the beginning of a confirmed booking and after the end of a booking, must take place through WeBird’s messaging function. Any breach of this article may result in immediate termination of the Guide’s account and renders any rights, protections and recourses null and void.

6. Marketing and Content

6.1 Use of Guide’s Content: By listing on WeBird, Guides grant WeBird the right to use their photos, descriptions, and other content for marketing and promotional purposes.

6.2 Promotion and Rankings: WeBird may use algorithms to determine search rankings and promote certain Guides based on performance, reviews, and engagement.

7. Insurance and Liability

7.1 Insurance: Guides are required to have all required and appropriate insurances covering their Services and any incidents occurring when carrying out their Services.

7.2 Liability: WeBird is not responsible for any loss, injury, or damage arising from the Services provided by Guides.

8. Termination and Suspension

8.1 Termination by Guide: Guides may terminate their participation by providing 30 days' written notice to WeBird. This may be done through the ‘delete my account’ function on the WeBird platform. Termination of the Guide account will not result in any refund of membership fees. Any confirmed bookings on the Guide account need to be fulfilled or cancelled by the Guide before the account can be confirmed as terminated by WeBird. Outstanding payments by WeBird will be processed per standard procedures.

8.2 Termination by WeBird: WeBird reserves the right to terminate or suspend a Guide’s account for violations of this Agreement, including but not limited to:

• Misrepresentation of services
• Failure to fulfill bookings
• Unprofessional conduct
• Customer complaints

8.3 Effect of Termination by WeBird: Upon termination, any pending bookings will be cancelled without the Guide retaining any rights to any payments already made by the Client, regardless of any cancellation policy applied to the booking. Any outstanding payments due to the Guide may be processed per standard procedures, or, in case the Guide account has been terminated for breaches of this Agreement or other legal cause, may be withheld until such time as these breaches and any potentially resulting damages to WeBird or Clients have been satisfactorily resolved.

9. Data Protection

WeBird complies with applicable data protection laws. Guides must not misuse Client data or use it for purposes other than fulfilling bookings. Any breach of this article by the Guide will result in immediate account termination and WeBird reserves the right to undertake legal action to the fullest extent of the law against Guides who violate this article.

10. Governing Law and Dispute Resolution

10.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction from which all4birding LLC operates, to wit the State of Texas, United States of America.

10.2 Dispute Resolution: Disputes will first be attempted to be resolved amicably. If unresolved, disputes will be settled through mediation or arbitration in accordance with local regulations.

11. Amendments

WeBird may update these Terms and Conditions at any time. Guides will be notified of any significant changes, and continued use of the platform constitutes acceptance of the revised terms.

12. Definitions

Agreement: This Supplier Terms and Conditions document.

Guide: An individual providing guided birding services through the WeBird platform.

WeBird: all4birding LLC, the company operating the online platform.

WeBird and WeBird Platform: The integrated online booking and payment system connecting Clients with Guides.

Client:: A user who books a guided tour through the WeBird Platform.

Login Credentials: The username and password required to access a Guide's account on the WeBird Platform.

Tour Operators: Entities managing multiple Guides who list their Services individually on the WeBird Platform.

Commission: The percentage of booking revenue retained by WeBird as a service fee.

Chargeback: A payment dispute initiated by a Customer with their payment provider.

No-Show: A situation where a Guide fails to appear for a scheduled tour without prior notice.

Termination: The cessation of a Guide’s ability to use the WeBird Platform.

Liability Insurance: A policy covering risks associated with a Guide’s services.

Services:

13. Tour Operator Participation Policy

13.1 Overview
WeBird enables direct connections between local guides ("Guides") and clients through an integrated booking and payment platform. While the platform is designed primarily for individual Guides, Tour Operators may also assist Guides in accessing the platform, provided that the core principles of authenticity, transparency, and direct engagement are upheld.

13.2 Operator Involvement
Tour Operators may support Guides in the creation and maintenance of their WeBird profiles. This support may include logistical assistance, training, or financial support. However, each Guide profile must represent an individual who will personally provide the Services for each confirmed booking. Operators may not manage bookings or communications on behalf of Guides.

13.3 Authenticity of Guide Representation
Each Guide listed on the WeBird Platform must be the individual conducting the tour. Substitution of the listed Guide with another individual—whether by the Tour Operator or the Guide—is strictly prohibited. This policy safeguards the integrity of the booking process, ensures the integrity of the selection, communication, and review process and maintains Client trust. Violation of this policy may result in permanent removal from the WeBird Platform of the involved Guide account(s) and any profiles affiliated with the same Tour Operator.

13.4 Profile Responsibility
All communications with Clients and with WeBird must be handled directly by the Guide associated with the listed profile. The Guide is solely responsible for ensuring that all information regarding their Services, pricing, availability, and qualifications remains current and accurate.

13.5 Payouts and Financial Arrangements
WeBird will remit payouts for completed tours directly to the Guide. Tour Operators are not authorized to receive payments on behalf of Guides. If a Guide and a Tour Operator agree to a financial arrangement for administrative or operational support, such arrangements must be handled independently of WeBird. Where additional services such as transportation or lodging are involved, separate agreements between the Guide and the third-party provider may apply. All such additional services and arrangements between the Guide and any third party must be handled directly by the Guide and independently of WeBird.

13.6 Policy Development
This Operator Participation Policy is a foundational framework and may evolve as WeBird continues development and expansion. By using the WeBird Platform, Guides agree to abide by these Terms and Conditions and uphold the integrity of WeBird and the birding experience of Clients worldwide.

Contact Information

all4birding, LLC
Email: info@we-bird.com
Address: 803 Main Street, Alamo, 78516 Texas, United States of America.
Jurisdiction: State of Texas, USA