Vendor Terms and Conditions

Effective Date: August 15, 2025

Welcome to the El Nido Guide marketplace! These Vendor Terms and Conditions (“Terms”) govern your application to and participation as a vendor on the El Nido Guide platform (“Platform,” “we,” “us,” “our”). By applying to become a vendor and using our services, you (“Vendor,” “you,” “your”) agree to be bound by these Terms.

Please read this document carefully. This is a legally binding agreement.

1. Our Role as a Marketplace Platform

El Nido Guide provides an online marketplace that connects customers with local tour operators, accommodation providers, and other service vendors in El Nido.

• 1.1. We are an Intermediary: The Platform acts solely as an intermediary to facilitate the booking of tours, services, and products (“Services”). We are not the provider, owner, or operator of any of the Services listed by you.
• 1.2. Vendor Responsibility: The responsibility for the promotion, sale, fulfillment, quality, safety, and delivery of the Services rests solely and exclusively with you, the Vendor.
• 1.3. No Partnership: This Agreement does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and El Nido Guide.

2. Vendor Application and Verification

To maintain the quality and integrity of our Platform, all vendor applications are subject to a strict review process.

• 2.1. Right to Review and Reject: We reserve the absolute right, in our sole discretion, to review, approve, or reject any vendor application for any reason without providing justification.
• 2.2. Request for Documentation: Prior to the activation of your store, we may require you to submit supporting documents to verify your business’s legitimacy and compliance with local regulations. This may include, but is not limited to:
  • Business Registration Permit (DTI/SEC)
  • Mayor’s Permit
  • Department of Tourism (DOT) Accreditation
  • Valid government-issued IDs of the owner/s
  • Proof of insurance coverage
  • Relevant licenses for specific activities (e.g., boat operator license, dive master certification).
• 2.3. Verification of Validity: We reserve the right to independently verify the validity and veracity of your business, your permits, and the information you provide. Any discovery of fraudulent or misleading information will result in immediate rejection of your application or termination of your active account.

3. Product and Service Listings

• 3.1. Admin Review of New Listings: All new products, tours, or services you wish to list on your store must be submitted for review. We reserve the right to approve or reject any new listing that does not meet our quality standards, is inaccurately described, or violates our policies.
• 3.2. Accurate Information: You are solely responsible for ensuring that all information in your listings—including descriptions, pricing, inclusions, exclusions, and photos—is accurate, current, and not misleading.

4. Customer Complaints, Refunds, and Disputes

• 4.1. Vendor’s Responsibility: You are the first point of contact for all customer service inquiries, complaints, and issues related to your Services. You agree to handle all customer interactions in a timely and professional manner.
• 4.2. Complaint Escalation: While customers are directed to you first, El Nido Guide may intervene in disputes if a customer escalates a complaint to us. We may investigate the complaint by reviewing booking details, communication between you and the customer, and any other relevant information.
• 4.3. Refund Policy: You must have a clear cancellation and refund policy displayed on your listings. While we will generally defer to your stated policy, El Nido Guide reserves the right to override your policy and issue a full or partial refund to a customer in cases of:
  • Verified vendor fraud or misrepresentation.
  • Failure to provide the service as advertised.
  • Vendor no-show or unreasonable cancellation.
  • Significant safety violations.
• 4.4. Chargebacks: In the event of a customer chargeback, you agree to provide timely information and cooperate fully with us to resolve the dispute.

5. Reviews and Performance Monitoring

• 5.1. Customer Reviews: Our Platform relies on authentic customer reviews. We do not alter or censor reviews unless they violate our content policy (e.g., contain hate speech, spam, or private information).
• 5.2. Performance-Based Action: Your store’s standing on our Platform is directly influenced by customer satisfaction. We actively monitor customer reviews and complaints.

6. Store Suspension and Account Termination

We reserve the right to suspend or permanently terminate your vendor account and remove all your listings, with or without prior notice, under the following circumstances:

• 6.1. Verified Negative Complaints: An accumulation of verified, serious customer complaints regarding safety, fraud, or significant service failures.
• 6.2. Consistently Poor Reviews: A sustained pattern of negative reviews that indicates a failure to meet basic quality standards.
• 6.3. Breach of Terms: Any violation of these Vendor Terms and Conditions.
• 6.4. Invalid Documentation: Failure to maintain valid permits, licenses, or insurance required to operate legally.
• 6.5. Unresponsiveness: Failure to respond to customer or El Nido Guide communications in a timely manner.
• 6.6. Illegal Activities: Any engagement in or facilitation of illegal activities.

7. Limitation of Liability and Indemnification

• 7.1. Limitation of Liability: To the fullest extent permitted by law, El Nido Guide, its owners, employees, and affiliates shall not be liable for any claims, damages, injuries, accidents, losses, or expenses (direct or indirect) arising out of or in connection with the Services you provide. This includes, but is not limited to, property damage, personal injury, or death of a customer during one of your tours or while using your service.
• 7.2. Indemnification: You agree to defend, indemnify, and hold harmless El Nido Guide and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
  • Your access to or use of the Platform.
  • Your violation of these Terms.
  • Your service listings.
  • Any injury, loss, or damage of any kind arising from the Services you provide.

8. Fees and Payments

• 8.1. Commission: You agree to pay El Nido Guide a commission fee for each successful booking made through the Platform. The commission structure will vary by product and will be indicated by El Nido Guide during the Admin review of your products.
• 8.2. Anti-Circumvention and Platform-Generated Sales: A key function of the Platform is to connect you with potential customers. Therefore, any booking or sale that originates from an inquiry, chat message, or other communication initiated through the El Nido Guide platform is considered a “Platform-Generated Sale” and is subject to the full commission fee. This applies regardless of whether the final payment and confirmation are conducted outside of the Platform (e.g., via direct Gcash, bank transfer, or in-person payment). Attempting to move communications or payments off-platform to avoid commission fees is a material breach of these Terms and may result in immediate account suspension or termination.
• 8.3. Payouts: Payouts to you will be processed according to your indicated withdrawal preference, net of our commission and any applicable transaction fees.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

10. Amendments to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform and updating the “Effective Date.” Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

By completing the vendor application, you acknowledge that you have read, understood, and agree to be bound by these Vendor Terms and Conditions.