Terms of Use

Last Updated: August 26, 2026

Welcome to Simsem OÜ! These Terms of Use (“Terms”) govern your access to and use of our platform, website (https://mysimsem.com/), mobile applications, and services (collectively, the “Platform”) as a traveler seeking unique local experiences.

By creating an account or using our Platform, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

1.1 Agreement

By accessing or using the Platform, you confirm that:

You are at least 18 years of age
You have the legal capacity to enter into binding contracts
You will use the Platform in compliance with all applicable laws
You have read and understood these Terms
You accept full responsibility for your own safety during experiences

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on our Platform, sending you an email notification, or displaying a prominent notice on our website.

Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

2. Account Registration and Security

2.1 Account Creation

To book experiences, you must create an account by providing a valid email address, a secure password, your full legal name, and contact information (phone number).

2.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access.

2.3 Account Accuracy

You agree to provide accurate, current, and complete information and to update your information promptly when changes occur.

3. Booking and Payment Terms

3.1 Booking Process

When you book an experience through our Platform:

You submit a booking request with your selected date and options
The Local Guide confirms or declines your request
Upon confirmation, you receive booking details via email
Payment is processed according to our payment terms
The experience is provided by the Local Guide, not by Simsem.

3.2 Payment Methods

We accept credit and debit cards (Visa, Mastercard, American Express), PayPal, and other payment methods as indicated on the Platform.

3.3 Pricing

All prices are displayed in the currency indicated. Additional fees (transportation, equipment, entrance fees) will be clearly disclosed before booking.
The total price shown at checkout is the final amount payable by the traveller. This amount may include platform, booking, or service fees retained by Simsem OÜ.

3.4 Platform Role in Payments

Simsem OÜ facilitates bookings and processes payments on behalf of the local service provider.

The local service provider is the seller and supplier of the experience. Simsem OÜ is not the seller, supplier, tour operator, or provider of the experience.

By completing a booking, you agree that Simsem OÜ collects payment as an intermediary/agent on behalf of the local service provider.

3.5 Taxes and VAT

Experiences are supplied by local service providers and may take place outside the European Union.

Where an experience is delivered outside the EU, the experience is outside the scope of EU VAT.

Local taxes, permits, and obligations related to delivering the experience are the responsibility of the local service provider.

4.1 Traveler Cancellations

Cancellation Timing	Refund
7 days or more before the experience start time	Full refund (100%)
Less than 7 days before the experience start time	No refund (0%)
No-show (failure to appear)	No refund (0%)

Refunds are processed by Simsem on behalf of the local service provider and may take 5–10 business days to appear.

4.2 Guide Cancellations

If a Local Guide cancels your experience, you will receive a 100% full refund processed within 5-10 business days.
Refunds are processed by Simsem on behalf of the local service provider.

4.3 Weather and Force Majeure

For outdoor experiences affected by severe weather, the Local Guide may offer to reschedule at no additional cost, or provide a full refund if rescheduling is not possible.

5. User Conduct and Responsibilities

5.1 Your Responsibilities

You agree to:

Treat Local Guides with respect and courtesy
Arrive on time for scheduled experiences
Follow all safety instructions and guidelines provided by the Local Guide
Comply with local laws and regulations
Respect local customs and cultural norms
Disclose any relevant health conditions, allergies, or physical limitations
Use appropriate equipment and attire as required

5.2 Prohibited Conduct

You may not:

Engage in illegal, harmful, or fraudulent activities
Harass, threaten, or discriminate against Local Guides or other participants
Provide false or misleading information
Attempt to circumvent the Platform for direct bookings
Engage in behavior that endangers yourself or others

6. Local Guide Vetting and Quality Assurance

6.1 Our Vetting Process

Simsem OÜ is committed to quality and safety. We implement a comprehensive vetting process for all Local Guides, which includes:

Individual review and approval of each Local Guide application
Identity verification through government-issued identification
Review of qualifications, experience, and local knowledge
Assessment of experience listings for quality and accuracy
Ongoing monitoring of reviews and ratings

6.2 Vetting Disclaimer

IMPORTANT: While we conduct thorough vetting of Local Guides upon onboarding, this vetting process:

Does NOT constitute a guarantee of safety, quality, or suitability
Does NOT make Simsem OÜ responsible for the actions or omissions of Local Guides
Does NOT create any warranty, express or implied, regarding Local Guide services
Does NOT establish any employment, agency, or partnership relationship
Cannot verify all claims made by Local Guides
Cannot predict future behavior or performance

The vetting process is intended to improve quality standards but does not eliminate all risks associated with travel experiences.

7. Assumption of Risk

7.1 Acknowledgment of Risks

By booking and participating in experiences through the Platform, you acknowledge and accept that:

Travel and local experiences involve inherent risks that cannot be eliminated
Outdoor activities, adventure experiences, and cultural immersions carry risks of injury, illness, property damage, or death
Risks may include but are not limited to: physical exertion, weather conditions, wildlife encounters, traffic accidents, equipment failure, natural disasters, civil unrest, and unforeseen circumstances
Conditions in foreign locations may differ from your home country

7.2 Voluntary Participation

Your participation in any experience is entirely voluntary. You freely choose to participate with full knowledge of the potential risks involved.

7.3 Your Health and Fitness

You are responsible for:

Assessing whether an experience is suitable for your physical condition, health, and fitness level
Disclosing any medical conditions, disabilities, allergies, or limitations to the Local Guide before the experience
Carrying necessary medications and medical information
Withdrawing from any activity you feel is unsafe for you

7.4 Release of Claims

To the maximum extent permitted by law, you release, waive, and discharge Simsem OÜ from any and all claims, demands, and causes of action arising from or related to your participation in experiences, except in cases of gross negligence or willful misconduct by Simsem OÜ.

8. Platform Role and Limitation of Liability

8.1 Platform as Intermediary Only

Simsem OÜ acts as a technology platform connecting travelers with independent Local Guides.

Simsem may act as a payment collection agent/intermediary for Local Guides but does not deliver, operate, or supervise the experiences.

Simsem OÜ IS NOT:

A tour operator, travel agency, or experience provider
A party to the contract between you and the Local Guide
An employer, principal, or representative of Local Guides
Responsible for delivering, operating, or supervising experiences
An insurer or guarantor of experiences or Local Guides

8.2 No Liability for Experiences

Simsem OÜ IS NOT RESPONSIBLE OR LIABLE FOR:

The quality, safety, legality, or suitability of any experience
The accuracy of information provided by Local Guides
The conduct, actions, or omissions of Local Guides
Any advice, recommendations, or statements made by Local Guides
The fulfillment of experience descriptions or itineraries

8.3 No Liability for Incidents

Simsem OÜ IS NOT RESPONSIBLE OR LIABLE FOR ANY:

Accidents occurring before, during, or after experiences
Injuries of any nature or severity
Illness or disease contracted during experiences
Death resulting from any cause
Property damage, theft, or loss of any kind
Emotional distress or psychological harm
Medical emergencies or health issues
Weather-related incidents or natural disasters
Transportation accidents (vehicle, boat, aircraft, etc.)
Equipment failure or malfunction
Criminal acts by third parties
Disputes between you and Local Guides
Direct, indirect, incidental, special, punitive, or consequential damages

8.4 Disclaimer of Warranties

The Platform and all experiences are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or completeness of information
Uninterrupted or error-free service

8.5 Maximum Liability Cap

In any event, if Simsem OÜ is found liable for any reason, our total liability shall not exceed the lesser of:

The amount you paid for the specific experience giving rise to the claim, OR
€100 (one hundred euros)

9. Indemnification

You agree to indemnify, defend, and hold harmless Simsem OÜ, its officers, directors, employees, agents, affiliates, and partners from and against any and all:

Claims, demands, suits, and causes of action
Damages, losses, liabilities, and judgments
Costs and expenses (including reasonable legal fees)

Arising from or related to:

Your use of the Platform or participation in experiences
Your violation of these Terms
Your violation of any law or regulation
Your negligence or willful misconduct
Any dispute between you and a Local Guide
Any claim by third parties related to your actions

10. Safety Acknowledgment

10.1 Your Safety is Your Responsibility

You acknowledge and agree that:

YOU are primarily responsible for your own safety during experiences
You must exercise reasonable care and judgment at all times
You should refuse to participate in any activity you feel is unsafe
You must follow all safety instructions provided by Local Guides
Local conditions, laws, and customs may differ significantly from your home country

10.2 Travel Precautions

We recommend that you:

Purchase comprehensive travel insurance before booking experiences
Research local conditions, laws, and customs before traveling
Register with your embassy or consulate when traveling abroad
Carry emergency contact information at all times
Inform someone of your travel plans and itinerary

10.3 Travel Insurance

Simsem OÜ strongly recommends that you purchase comprehensive travel insurance that covers:

Medical expenses and evacuation
Trip cancellation and interruption
Personal liability
Lost or stolen belongings
Adventure activities (if applicable)

Simsem OÜ does not provide travel insurance and is not responsible for any losses that could have been covered by insurance.

11. Reviews and Content

11.1 Posting Reviews

After completing an experience, you may post a review that reflects your genuine experience and is constructive and helpful to other travelers.

11.2 Content Guidelines

Reviews may not contain defamatory or offensive language, personal attacks, false or misleading statements, or content that violates any laws.

12. Privacy

Your privacy is important to us. Please review our Privacy Policy at https://mysimsem.com/privacy to understand how we collect, use, and protect your personal information.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] and attempt to resolve the dispute informally within 30 days.
Simsem may assist in communication between the traveler and the Local Guide but is not responsible for resolving disputes.

13.2 Governing Law

These Terms are governed by the laws of Estonia, without regard to conflict of law principles.

13.3 Jurisdiction

Any disputes that cannot be resolved informally shall be submitted to the courts of Tallinn, Estonia.

13.4 Consumer Rights

If you are a consumer in the European Union, you may also use the EU Online Dispute Resolution platform or submit complaints to your local consumer protection authority.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Simsem OÜ.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign your rights under these Terms. We may assign our rights to any affiliate or successor.

15. Contact Information

For questions about these Terms, please contact us:

Simsem OÜ

Address: Paju 2, Tartu 50603, Estonia
Email: [email protected]
Registration Number: 16518874
Website: https://mysimsem.com/

Summary of Key Terms

These Terms of Use were last updated on April 27, 2026.

Simsem OÜ – Registered in Estonia (Registration Number: 16518874)

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