WHO WE ARE AND HOW TO CONTACT US
Who we are.
We are Yuki, a trading name of Lum AI Inc, a corporation incorporated in the State of Delaware, United States (EIN: 36-5160329) ("we", "us" or "Yuki"). We are based at 131 Continental Drive, Suite 305, Newark, DE 19713, United States.
How to contact us.
To contact us, please email us at support@ski-yuki.com or visit https://ski-yuki.com/support.
WHEN THESE TERMS APPLY
Scope and duration.
These additional Seller terms and conditions ("Seller Additional Terms") govern the Seller's access to and use of the Platform as a Seller. These Seller Additional Terms apply to the Seller on completion of the onboarding process described in paragraph 3 and continue for as long as the Seller remains a Seller on the Platform, unless terminated earlier in accordance with these Seller Additional Terms.
Relationship with the Platform Terms.
These Seller Additional Terms are supplementary to the Platform Terms of Service ("Platform Terms"), which apply to all Users. By using the Platform, each Seller agrees to both the Platform Terms and these Seller Additional Terms. In the event of any conflict between these Seller Additional Terms and the Platform Terms, these Seller Additional Terms take priority to the extent of that conflict.
Defined terms.
Capitalised words and expressions used, but not defined in, these Seller Additional Terms have the meanings given to them in the Platform Terms. Words and expressions that are defined in these Seller Additional Terms have the meanings given to them in the glossary at paragraph 19 below.
Interpretation.
Unless otherwise stated, references in these Seller Additional Terms to a paragraph are references to a paragraph of these Seller Additional Terms. References to a paragraph of the Platform Terms are references to the corresponding paragraph of the Yuki Platform Terms of Service.
BECOMING A SELLER ON Yuki
How to apply to become a Seller.
- To become a Seller, the Seller must complete our onboarding process through the Platform, which involves:
- creating an Account with a username and password and providing the Seller's contact details;
- linking the Seller's website and social media handles (where applicable); and
- completing the Seller's profile by connecting the Seller's Stripe Connect Account and adding details of the Seller Services the Seller wishes to offer.
- The Seller will receive a confirmation by email and through the Platform once the Seller's Account has been set up and is ready to use.
Seller's warranties.
- The Seller warrants to Yuki on an ongoing basis that:
- Legal capacity: the Seller has full legal capacity and authority to enter into these Seller Additional Terms and to deliver all Seller Services listed by the Seller on the Platform, and that the individual accepting these Seller Additional Terms on the Seller's behalf has the necessary authority to do so.
- Accuracy of information: all information the Seller provides to Yuki during the term of this agreement is, and will remain, true, accurate, complete, and not misleading. The Seller will promptly notify Yuki of any changes to that information and keep the Seller's profile on the Platform up to date at all times.
- Compliance with law: the Seller is not subject to any sanction, restriction, or legal prohibition that would prevent the Seller from delivering any Seller Service the Seller lists; and
- No adverse proceedings: there are no pending or threatened legal, regulatory, disciplinary, or safeguarding proceedings against the Seller that would or might materially affect the Seller's ability to deliver the Seller Services or to comply with these Seller Additional Terms.
- We may at any time require the Seller to provide evidence that information the Seller has given us is true, complete, and up to date. We may suspend the Seller's listings until the Seller has done so and may terminate this agreement in accordance with paragraph 13 if the Seller fails to comply within a reasonable timeframe we specify.
MANAGING THE SELLER'S LISTINGS
Creating and maintaining the Seller's listings.
- The Seller is responsible for ensuring that the Seller's listings are complete, accurate, and up to date at all times. The Seller's listing must clearly describe the Seller Services offered, including the price (and any additional charges that may apply), any eligibility or proficiency requirements for participants, the Seller's cancellation policy, and any other information that a Booker would reasonably need to make an informed booking decision.
- The Seller must not include in any listing any information that is false, misleading, or likely to deceive a Booker.
- The Seller must promptly update the Seller's listing if any of the information contained in it changes, including availability and pricing.
Off-platform payments.
The Seller may not collect any payment from a Booker in connection with a Booking outside of the Platform's payment system. All charges applicable to the Seller Services must be disclosed clearly within the Seller's listing.
Pricing
Setting prices.
The Seller sets the prices for the Seller Services and may change them at any time via the Seller profile. Prices must include VAT where the Seller is VAT-registered.
VAT and tax obligations.
The Seller is solely responsible for determining the VAT treatment of the Seller Services and for meeting all tax obligations arising from the Seller's sales through the Platform.
HOW BOOKINGS WORK
Receiving a Booking Request.
When a Booker is interested in the Seller Services, they will submit a Booking Request through the Platform. The Seller will be notified by email and through the Platform.
Responding to a Booking Request.
The Seller must respond to each Booking Request promptly with the Seller's availability and pricing for the relevant Seller Service. The Seller's response must also include, or be accompanied by, a copy of or a link to the Seller's terms and conditions (which will constitute the "Seller Third-party Terms" for the purposes of the Platform Terms), which the Booker will be required to read and accept before confirming the Booking. Where the Seller is operating as a business, the Seller's response must also include, or be accompanied by, a copy of or a link to the Seller's Privacy Policy. Where the Seller is an individual Seller, the Seller must at minimum ensure that Bookers are made aware of how their personal data will be used in connection with the delivery of the Seller Services before the Booking is confirmed. If the Booker accepts the Seller's response and the Seller Third-party Terms through the Platform, the Booking is confirmed and a direct contract is formed between the Seller and that Booker on those terms. Yuki is not a party to that contract.
Seller obligations on confirmation.
Once a Booking is confirmed, the Seller must:
- deliver the Seller Service as described in the Seller's listing, at the agreed time and location, with reasonable skill and care and to a standard consistent with the Seller's listing description and any representations the Seller has made;
- notify us promptly through the Platform if the Seller becomes aware that it will be unable to fulfil a confirmed Booking, providing reasons; and
- comply with all applicable law in delivering the Seller Service.
Communications with Bookers.
The Seller must communicate with Bookers in connection with Booking Requests and confirmed Bookings through the Platform's messaging system only, unless we have agreed otherwise in writing.
PLATFORM FEE
Platform Fee on confirmed Bookings.
We charge a Platform Fee of 9.5% on the Net Revenue of each confirmed Booking (as defined in paragraph 19).
Deduction mechanism.
The Platform Fee is deducted automatically via Stripe's application fee functionality at the point of payment before the Seller Payout is remitted to the Seller's Stripe Connect Account.
Stripe's processing fee.
In addition to the Platform Fee, Stripe will deduct its own processing fee from the Net Revenue directly from each transaction (in accordance with Stripe's terms at: https://stripe.com/gb/legal/connect-account), which is currently 3%. Stripe's processing fee is charged by Stripe independently of Yuki and is not collected by or on behalf of Yuki. Stripe may vary the processing fee it charges Sellers from time to time in accordance with its terms.
Total deductions.
The total deduction from the Net Revenue of each Booking before remittance of the Seller Payout to the Seller's Stripe Connect Account will currently be 12.5%, comprising: the Yuki Platform Fee of 9.5%; and Stripe's processing fee of 3%.
Platform Fee on cancellation.
Where a Booking is cancelled, we may issue the Seller with a partial or total refund of the Platform Fee as follows:
- Where the cancellation is made by the Booker and a refund is due from the Seller to the Booker, the Platform Fee will be recalculated as 9.5% of the Net Revenue retained by the Seller after refunding the amount that is due to be refunded to the Booker. Where the Booker receives a full refund of the Price and the Seller does not retain any Net Revenue from the Booking, the Platform Fee will be nil. In each case, the amount due to the Seller will be credited automatically to the Seller's Stripe Connect Account.
- Where the cancellation is made by the Booker and no refund is due, the Platform Fee already collected will be retained by Yuki in full and no adjustment will be made.
- Where the cancellation is made by the Seller in circumstances permitted under paragraph 9.1(a), the Platform Fee will be refunded to the Seller in full within 14 calendar days of Yuki being notified of the cancellation. No request from the Seller is required.
- Where the Seller cancels a confirmed Booking outside of the circumstances permitted under paragraph 9.1(a), the Platform Fee already paid will be retained by Yuki and the applicable Cancellation Charge will be payable in addition by the Seller in accordance with paragraph 9.1(b).
- Where the cancellation or refund is attributable to a Yuki Platform Failure, the Platform Fee will be refunded to the Seller in full within 14 calendar days of Yuki becoming aware of the failure.
Changes to Platform Fee rates.
We reserve the right to amend the Platform Fee rates on not less than 30 calendar days' written notice to the Seller. If the Seller does not wish to accept any revised rate, the Seller may end this agreement before it takes effect in accordance with paragraph 13.3.
STRIPE CONNECT AND PAYMENT
Stripe Connect Account requirement.
As a condition of becoming a Seller, the Seller must register and maintain an active Stripe Connect Account. The Seller must accept Stripe's Connected Account Agreement (available at https://stripe.com/gb/legal/connect-account) before the Seller can receive any Seller Payouts.
How payments are processed.
Payments from Bookers for confirmed Bookings are processed directly through the Seller's Stripe Connect Account. At the point of payment, Stripe automatically deducts the Platform Fee and remits it to Yuki's Stripe Connect Account, and separately deducts Stripe's own processing fee in accordance with the Stripe Connected Account Agreement. The balance remaining after those deductions, and after deduction of any other amounts recoverable by Yuki under these Seller Additional Terms, constitutes the Seller Payout and is remitted directly to the Seller's Stripe Connect Account. Save where Yuki exercises its right to process a refund on the Seller's behalf under paragraph 9.2(c), Yuki does not collect, hold, or otherwise process any funds in connection with Bookings.
Seller's relationship with Stripe.
The Seller's relationship with Stripe is separate from and independent of the Seller's relationship with Yuki. Yuki is not responsible for any acts, omissions, errors, or failures of Stripe.
Processing refunds.
The Seller is responsible for processing all refunds to which Bookers are entitled directly through the Seller's Stripe Connect Account, in accordance with paragraph 9.2 below and paragraph 9 of the Platform Terms.
Maintaining sufficient funds.
The Seller must maintain a sufficient balance on the Seller's Stripe Connect Account at all times to meet any refund obligations arising in connection with Bookings. If the Seller's Stripe Connect Account balance is insufficient to process a required refund (for example, because a Seller Payout has not yet been received or has already been withdrawn), then the Seller remains personally liable for that refund and must take immediate steps to fund the Seller's Stripe Connect Account and process the refund within the required timeframe. Where the Seller fails to do so, Yuki reserves the right to take the enforcement steps set out in paragraph 13.
CANCELLATIONS, REFUNDS AND BOOKING MODIFICATIONS
Seller cancellations.
- The Seller must not cancel a confirmed Booking other than in the following circumstances:
- a force majeure event (as described in paragraph 17.1 of these Seller Additional Terms) that makes delivery of the Seller Service impossible or unsafe;
- as permitted by the Seller Third-party Terms accepted by the Booker, provided that those Seller Third-party Terms do not offer less favourable terms than the Platform Terms or these Seller Additional Terms;
- a substantiated safety or safeguarding concern that makes delivery of the Seller Service impossible or unsafe; or
- such other circumstances as Yuki may agree with the Seller in writing in advance.
- If the Seller cancels a confirmed Booking outside of the circumstances permitted under paragraph 9.1(a), that cancellation shall constitute a breach of these Seller Additional Terms and the affected Booker will be entitled to a full refund of the Price. Without prejudice to any other rights or remedies available to Yuki, including the right to suspend or terminate the Seller's Account under paragraph 13, the Seller will be liable to pay a Cancellation Charge calculated as a percentage of the Net Revenue of that Booking as follows:
| Timing of cancellation prior to the scheduled start of the first Seller Service | Cancellation Charge |
|---|---|
| 7 calendar days or fewer | 5% of the Net Revenue |
| More than 7 calendar days | 3% of the Net Revenue |
Yuki will invoice the Seller for the applicable Cancellation Charge, which must be settled within 7 calendar days of the date of invoice. Yuki reserves the right to take appropriate measures in response to unjustified cancellations, including suspending or restricting the Seller's listings or Account in accordance with paragraph 13. The Seller acknowledges that payment of the Cancellation Charge does not entitle the Seller to cancel Bookings, does not constitute acceptance by Yuki of the cancellation as justified, and does not limit Yuki's right to take further measures under paragraph 13 in response to unjustified or repeated cancellations, including suspension or termination of the Seller's Account.
Seller's refund obligations.
- The cancellation and refund framework set out at paragraph 9 of the Platform Terms applies to all Bookings and sets the minimum standard for refund entitlements. Where the Seller's own cancellation policy in the Seller Third-party Terms is more favourable to Bookers than that framework, the Seller's cancellation policy shall prevail to that extent. The Seller may not operate a cancellation policy that is less favourable to Bookers than the framework set out in paragraph 9 of the Platform Terms.
- The Seller is responsible for processing all refunds due to Bookers directly through the Seller's Stripe Connect Account to the Booker's original payment method within 7 calendar days of the cancellation, whether the cancellation is made by the Seller or by the Booker in accordance with the Seller's cancellation policy in the Seller Third-party Terms, or the framework in the Platform Terms, whichever applies. The Seller must ensure that the Seller's Stripe Connect Account holds a sufficient balance to meet any refund obligations as and when they fall due.
- If the Seller fails to process a required refund within the time period set out in paragraph 9.2(b) above, Yuki reserves the right to process the refund to the Booker directly on the Seller's behalf (acting in its sole and absolute discretion). Where Yuki exercises this right, it may issue the Seller with an invoice for:
- the full amount of the refund paid by Yuki to the Booker; and
- an additional refund processing fee of 3% of the refund amount referred to in paragraph 9.2(c)(i), representing Yuki's reasonable costs of stepping in to process the refund in the Seller's place.
- Any invoice issued by Yuki under paragraph 9.2(c) must be paid by the Seller within 7 calendar days of the date of that invoice. Where the Seller fails to do so, Yuki reserves the right to exercise the enforcement measures set out in paragraph 13, including suspending or restricting the Seller's listings or Account, and to pursue recovery of the outstanding amount by any means available to it.
Booking modifications.
The Seller and the Booker are responsible for agreeing any modification to a Booking through the Platform. Any additional amounts payable or refundable arising from an agreed modification must be processed through the Platform's payment system.
QUALIFICATIONS AND SAFEGUARDING
Professional qualifications.
Where delivery of any Seller Service requires professional qualifications, certifications, or credentials under applicable law or recognised industry standard, the Seller must hold and maintain all such qualifications throughout its time as a Seller. The Seller must provide evidence of its qualifications at onboarding and subsequently on request from us, and the Seller must promptly notify us of any material change (including any suspension, revocation, lapse, or expiry).
Safeguarding.
- Where any Seller Service offered may involve the participation of minors, the Seller must:
- obtain, before delivering any such Seller Service, a satisfactory enhanced DBS check (or equivalent check in the relevant jurisdiction) for the Seller and each individual who will deliver Seller Services involving minors on the Seller's behalf;
- maintain and implement a written safeguarding policy that complies with all applicable law and recognised good practice;
- ensure that all relevant individuals have received appropriate safeguarding training; and
- notify us immediately upon becoming aware of any safeguarding concern arising in connection with a Booking.
Quality standards.
The Seller must ensure that all Seller Services meet reasonable quality standards consistent with the Seller's listing descriptions. We may assess quality through Booker feedback, mystery bookings, or audits. The Seller must cooperate with any reasonable quality assessment and, where we identify consistent quality or performance issues, implement reasonable improvement measures within a timeframe we specify, failing which we may exercise our rights under paragraph 13.
USING EACH OTHER'S BRANDING AND INTELLECTUAL PROPERTY
Seller's use of Yuki branding.
- The Seller may publicise the Seller's listings on our Platform outside of the Platform, for example on social media, provided that the Seller does not suggest in any way that the Seller or its Seller Services are endorsed, controlled, or created by us. The Seller may share URLs for the Seller's listings and state that the Seller Services can be booked on Yuki. However, the Seller may not use our stylised name or logos either alone or in combination with any other word, or use our name for any marketing or promotional purposes (including in any social media profile name), without our express prior written consent.
- As soon as reasonably practicable after this agreement ends, the Seller must remove any content that suggests the Seller offers Seller Services through our Platform from any channels the Seller controls, and use the Seller's best efforts to procure removal of such content from channels controlled by third parties.
Our use of the Seller's branding and intellectual property.
The Seller retains ownership of all Intellectual Property Rights in its materials. The Seller grants Yuki a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, distribute, and publish Seller materials (including listing descriptions, photographs, and branding) for the purposes of listing and promoting the Seller Services on our Platform, operating, improving, and marketing the Platform, and for data analytics purposes.
DATA PROTECTION
Independent controllers.
Yuki and the Seller are each independent data controllers in respect of personal data processed in connection with Bookings made through the Platform.
Shared personal data.
In connection with these Seller Additional Terms, each of us may share personal data about Bookers, including names, contact details, and booking information. Each of us will process such shared personal data only for the purposes of fulfilling Bookings, handling queries and complaints and communications relating to the Booking.
Data protection obligations.
Each of us will comply with all applicable Data Protection Legislation and will:
- implement appropriate technical and organisational security measures to protect shared personal data;
- not transfer shared personal data outside the UK or EEA except in compliance with Data Protection Legislation;
- promptly notify the other of any data subject rights request affecting shared personal data; and
- notify the other as soon as reasonably practicable, and in any event within 24 hours, of any actual or suspected personal data breach affecting shared personal data.
SUSPENSION AND TERMINATION
Suspension and termination.
The general provisions governing termination, suspension, and their effect on confirmed Bookings are set out in the Platform Terms and apply to the Seller. This paragraph sets out the additional provisions specific to the Seller's relationship with Yuki.
Additional grounds for termination.
- We may terminate this agreement immediately, in addition to the grounds in the Platform Terms, where the Seller:
- ceases to hold any required qualification, licence, or insurance;
- becomes insolvent or ceases to carry on all or a substantial part of the Seller's business;
- is reasonably suspected of fraud or deliberate misrepresentation; or
- gives rise to a safeguarding concern or poses an immediate risk to Bookers, the Platform, or its reputation.
- We may also terminate on 30 calendar days' notice where we decide to stop featuring the Seller's category of Seller Services.
Seller's right to terminate.
The Seller may terminate immediately if we have materially breached this agreement and failed to remedy it within 30 calendar days of written notice from the Seller. The Seller may otherwise terminate for any reason on 30 calendar days' written notice through the Platform.
Post-termination.
- On termination of this agreement for any reason:
- the Seller must promptly remove all listings from the Platform, and we reserve the right to do so on the Seller's behalf if the Seller has not done so within 5 calendar days of termination;
- the Seller must continue to fulfil all Bookings confirmed before the termination date and process any refunds arising from those Bookings in accordance with paragraph 9 of the Platform Terms; and
- the following paragraphs shall survive termination: (i) paragraph 9 of the Platform Terms (Cancellations and refunds); (ii) paragraph 14 (Insurance); (iii) paragraph 15 (Indemnification); (iv) paragraph 16 (Liability); and (v) paragraph 18 (Regulatory rights for EU and UK Sellers), to the extent that any complaint or mediation request relates to matters arising prior to the termination date.
INSURANCE
The Seller must obtain and maintain, at its own cost, throughout its time as a Seller and for two years after this agreement ends, public liability insurance, professional indemnity insurance (where appropriate to the nature of the Seller Services or required by applicable law or professional rules), and such other insurance as is required by law or regulation or as would reasonably be expected of a competent provider of equivalent services. All insurance must be maintained with a reputable insurer with levels of cover appropriate to the nature and scale of the Seller Services and no less than those customarily maintained by reputable providers of equivalent services.
The Seller must confirm that it has the necessary insurance cover in place at onboarding and the Seller must notify us immediately if any required cover lapses, is cancelled, or is materially varied at any point.
INDEMNIFICATION
Relationship to warranties.
The indemnity below applies, among other things, where the Seller has breached the warranties given at paragraph 3.2.
Scope of indemnity.
The Seller agrees to indemnify Yuki and its officers, directors and employees on a full indemnity basis against all liabilities, damages, losses, fines, penalties, costs and expenses (including all legal costs) arising out of, or in connection with:
- the Seller's breach of these Seller Additional Terms or the Platform Terms;
- any actual or alleged claim, complaint, or regulatory investigation brought by a Booker, third party, or regulatory body against Yuki arising out of or in connection with the delivery, non-delivery, or quality of the Seller Services, or any other interaction between the Seller and a Booker;
- any actual or alleged claim from a Booker or other third party against Yuki relating to personal injury or property damage arising out of or in connection with the Seller Services;
- the Seller's breach of applicable law or infringement of the rights of any third party, including any Intellectual Property Rights;
- any reputational harm or damage to Yuki's brand arising from the Seller's acts or omissions, including any negative media coverage, to the extent that such harm gives rise to quantifiable financial loss;
- inaccurate, incomplete, or misleading information provided by the Seller in the Seller's listings or during onboarding; and/or
- any claim, investigation, or enforcement action by a data subject, supervisory authority, or other regulatory body arising from the Seller's processing of personal data in breach of Data Protection Legislation or these Seller Additional Terms, including any fines, penalties, or compensation awards arising from such claim, investigation, or action.
Exclusions.
This indemnity does not apply to the extent that any liability is caused or contributed to by Yuki's own negligence or wilful misconduct.
Yuki's obligations.
Yuki shall:
- notify the Seller promptly in writing upon becoming aware of any claim, complaint, or regulatory investigation to which this indemnity may apply;
- not make any admission of liability or settle any such claim without the Seller's prior written consent, such consent not to be unreasonably withheld or delayed; and
- give the Seller reasonable cooperation and, at the Seller's cost, such assistance as the Seller may reasonably require in connection with the defence or settlement of any such claim.
LIMITATIONS ON LIABILITY
The liability provisions set out in this paragraph 16 govern the entire liability position as between Yuki and the Seller, whether arising out of or in connection with these Seller Additional Terms, the Platform Terms, or the Seller's use of the Yuki Services. Paragraph 17 of the Platform Terms does not apply to Sellers.
Liability that cannot be limited.
Nothing in this paragraph 16 limits either party's liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot lawfully be excluded or limited under applicable law.
Exclusion of types of loss.
Subject to paragraph 16.2, Yuki shall not be liable to the Seller for any of the following types of loss, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether or not such losses were foreseeable or the party had been notified of their possibility:
- loss of profit, loss of business or business opportunity, loss of anticipated savings, loss of data, loss of goodwill or reputation; and/or
- any indirect, special, or consequential loss.
Cap on Yuki's liability to Sellers.
Subject to paragraph 16.2:
- Yuki's liability to the Seller in respect of any single claim or series of related claims arising out of or in connection with a specific Booking (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall not exceed an amount equal to 100% of the Platform Fees received by Yuki in respect of that Booking; and
- Yuki's total aggregate liability to the Seller arising out of or in connection with these Seller Additional Terms, the Platform Terms, or the Seller's use of Yuki Services (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall not exceed the lesser of:
- the total Platform Fees received by Yuki from the Seller in the twelve months preceding the date of the event giving rise to the claim; and
- £100,000.
OTHER IMPORTANT TERMS
Force majeure.
Neither party shall be liable to the other for any failure or delay in performing its obligations under these Seller Additional Terms where such failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, governmental action, or failures of third-party infrastructure or telecommunications networks ("Force Majeure Event"). For the avoidance of doubt, a Force Majeure Event does not excuse a Seller's obligation to process a refund to a Booker where a Booking is cancelled as a result of such event - the Seller's refund obligations under paragraph 9 continue to apply in full. A party seeking to rely on this paragraph must notify the other party as soon as reasonably practicable upon becoming aware of the Force Majeure Event and must use reasonable endeavours to mitigate its effects.
Entire agreement.
These Seller Additional Terms, together with the Platform Terms, constitute the entire agreement between the parties in relation to the Seller's use of the Platform as a Seller, and supersede all prior agreements and understandings on the same subject matter.
Severance
- If any provision of these Seller Additional Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Governing law.
These Seller Additional Terms are governed by and construed in accordance with the laws of England and Wales.
Jurisdiction.
The Seller irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Seller Additional Terms.
REGULATORY RIGHTS FOR EU AND UK SELLERS
Application.
This paragraph 18 applies only to Sellers who are established or resident in the United Kingdom or in a member state of the European Economic Area ("EU/UK Sellers"), and only to the extent required by the UK Online Intermediation Services for Business Users (Enforcement) Regulations 2020 (SI 2020/1038) and Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services (together, the "P2B Regulations"). Sellers established or resident outside the UK and EU are not entitled to the rights set out in this paragraph 18 as a matter of the P2B Regulations, though Yuki may in its discretion extend equivalent treatment to other Sellers.
Complaint handling.
- Yuki operates an internal complaint handling system for EU/UK Sellers, which is free of charge and accessible through the support contact details at paragraph 1. EU/UK Sellers may use this system to submit a complaint relating to:
- Yuki's compliance with its obligations under these Seller Additional Terms or the Platform Terms;
- the ranking of the Seller's listings in search results on the Platform (see paragraph 18.4);
- any decision by Yuki to restrict, suspend, or terminate the Seller's access to the Platform under paragraph 13; and
- any other matter falling within the scope of Article 11 of Regulation (EU) 2019/1150 or the equivalent UK provision.
- EU/UK Sellers wishing to submit a complaint should email Yuki using the support details at paragraph 1, marking the subject line "Business User Complaint - P2B." We will acknowledge receipt within 5 calendar days and use reasonable endeavours to provide a reasoned response within 28 calendar days. We will notify the Seller if a complaint requires longer to resolve and will keep the Seller updated on its progress.
- We will notify the Seller of the outcome and the reasons for our decision following completion of our review.
- Where required by the P2B Regulations, Yuki will publish aggregated information on an annual basis about the number of complaints received through this system and their outcomes.
Mediation.
- If a complaint submitted under paragraph 18.2 is not resolved to the Seller's satisfaction, the Seller may request that we engage in mediation as a voluntary out-of-court dispute resolution alternative. Yuki is willing to engage in mediation with EU/UK Sellers through either of the following mediators:
- Centre for Effective Dispute Resolution (CEDR), International Dispute Resolution Centre, 70 Fleet Street, London EC4Y 1EU (www.cedr.com); and
- ProMediate (UK) Limited, 3rd Floor, 86–90 Paul Street, London EC2A 4NE (www.promediate.co.uk).
- Mediation under this paragraph 18.3 is voluntary. Neither party is obliged to reach a mediated outcome. Each party shall bear its own costs; the mediator's fees will be shared equally unless otherwise agreed. Any mediator appointed shall be independent and have appropriate expertise in commercial or platform-related dispute resolution.
- Nothing in this paragraph 18.3 affects either party's right to bring or defend proceedings before a court of competent jurisdiction.
Search ranking transparency.
The main parameters that determine the ranking of listings in search results on the Platform are set out in paragraph 5.1(b) of the Platform Terms. Those parameters apply to all Sellers equally. Yuki does not currently operate any paid placement or sponsored listing feature that would allow a Seller to pay to influence the ranking of its listings. Yuki will give EU/UK Sellers at least 30 calendar days' prior written notice before introducing any such paid mechanism, and will at that time describe its relative importance in relation to the other ranking parameters.
Access to data.
- The Seller can access the following data through its Account:
- data about its own Bookings, including Booker contact details shared with the Seller in connection with confirmed Bookings, Booking dates, Prices, and cancellation history;
- such listing performance data (including enquiry and booking rates) as Yuki makes available through the Platform from time to time; and
- information and data the Seller has submitted to Yuki during onboarding and in connection with the Seller's listings.
- If the Seller requires access to further data held by Yuki to which the Seller is entitled under applicable law or these Seller Additional Terms, please contact us using the support details at paragraph 1. Our general data handling practices are described in our Privacy Policy .
Ancillary services and parity obligations.
- Yuki does not currently offer or promote goods or services in direct competition with the Seller Services listed on the Platform.
- As set out in paragraph 4.2, all Booking payments must be routed through the Platform's payment system. This restriction applies equally to all Sellers and is necessary to maintain the integrity of Yuki's payment, Platform Fee, and refund mechanisms. Yuki considers this restriction justified and proportionate for those purposes.
GLOSSARY
In these Seller Additional Terms, the following additional definitions apply:
"Cancellation Charge" means the charge payable by a Seller to Yuki where a Seller cancels a confirmed Booking outside of the circumstances permitted under paragraph 9.1(a), calculated as a percentage of the Net Revenue in accordance with the table set out at paragraph 9.1(b).
"Data Protection Legislation" means all applicable legislation relating to the processing of personal data and privacy in force from time to time, including:
(i) the UK General Data Protection Regulation (as defined in section 3(10) of the Data Protection Act 2018, as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) ("UK GDPR");
(ii) the Data Protection Act 2018;
(iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; and
(iv) to the extent applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council ("EU GDPR"),
in each case as amended, re-enacted, or replaced from time to time. The terms "controller", "data subject", "personal data", "personal data breach", "process", and "processing" in these Seller Additional Terms have the meanings given to them in the UK GDPR.
"EU/UK Sellers" has the meaning given in paragraph 18.1.
"Force Majeure Event" has the meaning given in paragraph 17.1.
"Net Revenue" means the Price of a confirmed Booking less any VAT or equivalent sales tax included within that Price.
"P2B Regulations" has the meaning given in paragraph 18.1.
"Platform Fee" means the fee charged by Yuki in respect of each confirmed Booking, calculated at 9.5% of the Net Revenue of that Booking and deducted automatically via Stripe's application fee functionality at the point of payment, as further described in paragraph 7. For the avoidance of doubt, the Platform Fee does not include Stripe's own processing fee, which is charged by Stripe independently.
"Seller Payout(s)" means the amount remitted to the Seller's Stripe Connect Account following deduction of the Platform Fee and any other amounts recoverable by Yuki under these Seller Additional Terms.
"Yuki Platform Failure" means a failure or error directly attributable to Yuki, including: (a) a technical failure of the Platform preventing a Booking from being properly processed or recorded; (b) a failure of Yuki's systems causing a confirmed Booking to be incorrectly cancelled or modified without the Seller's instruction; or (c) any other act or omission by Yuki that directly causes a refund to become payable to a Booker. A Yuki Platform Failure does not include failures attributable to Stripe, third-party providers, the Seller's own systems or equipment, or circumstances beyond Yuki's reasonable control.