Please read this terms of service agreement carefully. It contains important information about your legal rights, remedies and obligations, including various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes and obligations to comply with applicable laws and regulations, specifically aligning with European Union directives and regulations governing digital platforms, e-commerce and consumer protection.
By accessing or using the Journi platform, you agree to be legally bound by and comply with these terms and conditions.
Definitions
Journi, We, Us, Our
Refers to the online platform, technology and services operated by Clear Ascend OÜ.
User
Any person or entity that completes the account registration process, uses the platform or books an activity.
Host or Provider
A third-party independent contractor (acting either in a professional trader capacity or non-professional peer capacity) who offers and provides services or activities and creates a public listing for them on the platform.
Service Agreement
The direct contractual relationship formed exclusively between a user and a host for the provision of an activity.
Total Price
The full amount payable by a user for a booking, consisting of the activity price set by the host, any applicable taxes and the Journi user service fee.
Content
All text, graphics, images, music, software, audio, video, information or other materials, including user content and Journi content.
Service Scope
Online Marketplace
The Journi platform is an information society service acting as an online marketplace under Directive 2000/31/EC (E-commerce Directive), enabling hosts to advertise their activities and users to discover and book them. Journi is not an owner, operator or provider of any activities.
Package Travel
Journi is not a travel agent, tour operator or insurer. Services booked through Journi do not constitute a 'package' or 'linked travel arrangement' under the provisions of Directive (EU) 2015/2302 on Package Travel and Linked Travel Arrangements.
Agreement Parties
Journi is not a party to the service agreement formed between the user and the host. Our role is strictly limited to facilitating the availability of the platform and serving as the limited payment collection agent for the host.
Ranking
In accordance with Regulation (EU) 2019/1150 (P2B Regulation), Journi determines the ranking of activities on the platform based on parameters including booking popularity, user reviews, availability and relevance to search queries. Journi does not guarantee any specific placement or visibility for a listing.
Eligibility, Account Registration & Host Status
Eligibility
You must be at least 18 years of age and able to enter into legally binding contracts to access and use the platform.
Information Accuracy & Trader Status
You agree to provide accurate, current and complete information during registration. Pursuant to Directive (EU) 2019/2161 (Omnibus Directive), Hosts must self-declare whether they are acting as a professional business ("trader") or a private individual ("peer"). This status will be prominently displayed on the listing to inform User rights.
Data Protection
The processing of personal data during registration and use of the platform is governed by Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR), as further detailed in our Privacy Policy.
Host Responsibilities & Legal Compliance
Sole Responsibility
Hosts are solely and exclusively responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their activities. This includes, but is not limited to, obtaining required licenses, health and safety permits, guiding certifications, commercial liability insurance and zoning approvals.
No Verification
Journi acts merely as an intermediary hosting platform under Article 6 of Regulation (EU) 2022/2065 (Digital Services Act - DSA). We do not and have no obligation to, verify whether an experience or activity falls within the local legal framework. The presence of a listing on the platform does not imply that the activity is legal, safe or permitted in that jurisdiction.
Breaches & Legal Actions
If a Host is found or suspected to be operating outside the local legal framework, violating safety regulations or lacking necessary permits, Journi reserves the right to take immediate action without prior notice. This includes deleting the listing, temporarily suspending or permanently disabling the Host's account, withholding payouts pending investigation and taking legal action to recover any damages. Journi will cooperate fully with local authorities and law enforcement in these matters.
Tax Transparency & Reporting
In compliance with Council Directive (EU) 2021/514 (DAC7), Journi is legally obligated to collect, verify and report specific tax, identification and financial data regarding Hosts and their earnings generated on the platform to the relevant tax authorities within the European Union.
Booking Process & Consumer Rights
Offer & Acceptance
By completing the booking process, a user makes a binding offer to the host to enter into a service agreement. The agreement is formed when the host accepts the booking request.
Withdrawal Exemption
In accordance with Article 16(l) of Directive 2011/83/EU on Consumer Rights, the statutory 14-day right of withdrawal does not apply to contracts for the provision of accommodation, transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance. Therefore, cancellations are governed strictly by the cancellation policy presented at the time of booking.
Financial Terms & Taxes
Service Fees
We charge hosts a service fee of 2.5% for each confirmed booking, deducted from the payout. We charge users a service fee of 3% of the activity price, included in the total price at checkout.
Payment Collection & Currency
You authorize Journi to collect the total price via the specified payment method. Transactions are processed in the displayed currency; exchange rates and bank fees may apply.
Taxes
Hosts are solely responsible for determining their obligations to report, collect, remit or include in their listings any applicable Value Added Tax (VAT) in accordance with Council Directive 2006/112/EC or other indirect sales taxes, occupancy taxes or income taxes.
Prohibited Conduct & Content Moderation
Acceptable Use
You agree not to use the platform to breach any local, state, national or international law or to discriminate against anyone based on protected characteristics or to post false, misleading or fraudulent content.
Content Moderation & DSA Compliance
In full compliance with Regulation (EU) 2022/2065 (Digital Services Act), Journi maintains a 'Notice and Action' mechanism. Users and third parties can easily flag illicit content or non-compliant listings. Journi acts expeditiously to remove or disable access to any Content deemed illegal or in violation of these terms, while providing statements of reasons to affected users and internal complaint-handling systems.
Cancellations, Modifications & Force Majeure
User Cancellation
Bookings are governed by the cancellation policy specified by the host in the listing. If no policy is specified, bookings are non-cancellable and non-refundable.
Host Cancellation
If a host cancels a confirmed booking, the user will receive a full refund of the total price.
Force Majeure
Neither Journi nor its hosts shall be liable for failure or delay in performance arising from forces beyond their reasonable control.
Intellectual Property
By uploading Content to the platform, you grant Journi a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to exploit such Content to provide and promote the platform, subject to applicable data protection laws.
Risk Assumption
To the fullest extent permitted by law, you expressly and voluntarily assume all risks of any nature, including the risk of serious injury, death or property damage, whether or not caused by the negligence of others, arising from your participation in any activity booked through the platform.
Warranties
The platform is provided 'as is', without warranty of any kind. Journi disclaims all warranties, including merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the platform will be uninterrupted or error-free.
Liability
To the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of the platform remains with you. Journi shall not be liable for any indirect, incidental, special or consequential damages. Journi's aggregate liability shall not exceed the greater of (a) the total fees you paid to Journi in the twelve months prior to the event or (b) one hundred euros (€100.00).
Indemnification
You agree to release, defend, indemnify and hold Journi harmless from and against any claims, liabilities, damages, losses and expenses arising out of your breach of these Terms, improper use of the Platform or your interaction with any User or Host.
Dispute Resolution & Governing Law
Informal Resolution
You agree to first attempt to resolve any dispute informally by contacting Journi customer support.
Governing Law & Jurisdiction
These terms will be interpreted in accordance with the laws of Estonia. For business users and professional hosts, the exclusive jurisdiction shall be the competent courts of Harju County, Estonia.
Consumer Protection
If you are acting as a Consumer residing in the European Union, this choice of law does not deprive you of the protection afforded to you by mandatory statutory provisions under the laws of your country of residence. You may bring a claim to enforce your consumer protection rights in Estonia or in the EU country where you live.
Dispute Resolution
In accordance with Regulation (EU) No 524/2013, the European Commission provides a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/.
General Provisions
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity of the remaining provisions. In accordance with Regulation (EU) 2019/1150 (P2B Regulation), Journi reserves the right to modify these Terms at any time, providing at least 15 days' prior notice on a durable medium for any material changes affecting professional Hosts.