Partner Terms
These Partner Terms (the “Terms”) are between Nomad Travel & Hospitality Inc., a company based in Ontario, Canada that operates Visby (“Visby”, “we”, “us”), and the business that runs a hotel or other property using Visby for Hotels (“you”, the “Hotel”). Visby for Hotels is the hotel portal, the guest app, the concierge, booking and checkout tools, and related services (the “Service”).
You accept these Terms when someone with authority at your business clicks Accept in the hotel portal, or signs an order form that refers to them. The Fee Schedule, the Data Processing Addendum (“DPA”) and any order form are part of these Terms. Guests using the consumer Visby app are covered by the Terms of Service and Privacy Policy.
Note: To get a signed copy, email hello@visbytravel.com.
1. Definitions
- Portal: the Visby hotel portal at admin.visbytravel.com.
- Guest: anyone staying at or visiting your property who uses the guest app, books with you, or buys through the Service.
- Sale: a room, extra, meal, rental, ride, experience or other service a Guest books or buys through Visby’s checkout (in the guest app, on a Visby booking page or widget, or by a payment link), which Visby sells to the Guest under section 6.
- Guest Payment: the money a Guest pays Visby for a Sale.
- Your services: services you run yourself. Partner services: services run by a business you add. Visby-sourced services: services run by a business Visby adds and you choose to offer.
- Your Share: what Visby pays you for a Sale: the price you set, less Visby’s commission (if your plan has one) and card processing (unless guests pay the Visby service fee, section 7), as set out in the Fee Schedule.
- Visby Payouts: how Visby pays you Your Share, by bank transfer to the account you add in the Portal under Settings → Getting paid (section 6).
- Statement: Visby’s record of each Sale and of what it owes and has paid you, shown in the Portal under Payments.
- Fee Schedule: the plans, commission rates, monthly fees, included usage, overage rates and card-processing rate shown in the Portal under Settings → Plan & billing, and on the screen where you accept these Terms, as updated under section 12.
- Order Form: a written offer or order that both of us sign or confirm, for example negotiated rates.
2. The Service
- We provide the Service for your property and keep improving it. We may change features, but we won’t remove a core feature of a paid plan in the middle of a billing period without telling you first.
- The concierge writes answers automatically. They can be wrong. You control the information you give it, and you should review what guests see about your property.
- Calls and messages through the Service (between guests, your team, partners and drivers) are for running stays and services. They are not a way to reach emergency services, and they depend on internet connections and on providers outside Visby’s control.
- Features marked beta or preview are provided as they are and may change or end.
3. Your account and your team
- Give us accurate information about your business and keep it up to date.
- Before your property goes live or takes payments, Visby checks that you run it, for example with a code sent to the phone on its Google listing, your email at the hotel’s website, or a document you upload. You confirm that what you tell us about your authority to act for the property is true. We may ask again if something changes.
- Choose who on your team gets access and what role they have. You are responsible for what happens under your team’s accounts.
- Keep sign-in details safe, and tell us straight away at hello@visbytravel.com if you think someone has used them without permission.
4. Your services to guests
- You, or the partner running the service, deliver everything guests book or buy through the Service. For Sales, you deliver them as Visby’s supplier (section 6). You set the prices, descriptions, photos, availability, opening times and cancellation policy in the Portal. They must be accurate, complete and lawful, and you keep them up to date.
- Deliver each Sale as it was described when the guest paid, at the time and place booked, safely and with reasonable skill and care. Requests the guest makes on top (for example a special diet) are yours to accept or decline before the service.
- If you can’t deliver a Sale (for example it’s full, closed, or cancelled for weather or safety), tell the guest through the Service as soon as you know, and offer another time or an equal alternative there. The guest picks one or a full refund. If they haven’t picked by the time the Service shows them, they’re refunded in full. You aren’t paid for a Sale you cancel, and section 8 applies to the refund.
- Don’t cancel, decline or refund a Sale so that you can sell it, or the same service, to that guest outside Visby. If you do, Visby’s commission on the Sale is still owed, and Visby may treat it as a breach of these Terms.
- You hold the licences, permits and insurance your services need.
- You choose the partners you add and are responsible to guests for what they deliver. Visby-sourced services are run by independent businesses. Visby introduces them but does not run them, and you decide whether to offer them.
- Partners. When a guest books a partner service, Visby sends the partner the booking details they need to deliver it (for example the guest’s name, language, date, time, party size and note, and the guest’s phone only if you turn that on). If you give a partner a share of a service’s price and the partner adds a bank account with Visby, Visby pays that share to the partner on your instruction, by bank transfer like your own payouts, out of Your Share of that Sale, after the booking. Otherwise you pay your partners yourself.
- Drivers. Drivers you add, or accept from a share link, provide transport for you, as your staff or as independent operators. You make sure they hold the licences, permits and insurance the law requires and drive roadworthy vehicles. Visby does not employ, vet or insure drivers, does not provide transport, and does not pay drivers; you or the guest pay them. Fares Visby suggests are suggestions; you confirm the price.
- Driver pay records. If you use the Portal to set how you pay your drivers and to record what you pay them, those records are yours. Each driver can see what you have recorded as owed to them and paid to them. You are responsible for the amounts and for paying your drivers; Visby doesn’t check the records or pay drivers.
- Visby sells at the prices you set, so they must include any tax the law requires on your services where your property is (for example VAT, sales, occupancy or tourist tax), and you declare and pay those taxes. If the law makes Visby collect or pay a tax on a Sale that your price should have included, Visby may take it from Your Share and tells you when it does. Visby is responsible for taxes on its own income. For payments outside Visby’s checkout (section 6), taxes are yours as with any of your own sales.
- When you message guests through the Service (email, SMS, WhatsApp or in the app), you are responsible for having the consent the law and each channel require.
5. Plans and fees
- Performance plan: no monthly fee. Visby earns a commission on each Guest Payment. The rate depends on who runs the service (yours, a partner you add, or Visby-sourced), as set out in the Fee Schedule.
- Platform plans: a monthly fee based on your property’s size, with no commission on Guest Payments. Each plan includes a set amount of concierge usage, and usage above it is charged at the overage rates in the Fee Schedule.
- Commission is a share of the full amount the guest pays, before card processing.
- If you have an Order Form with different fees, the Order Form applies for as long as it says.
- If a Platform plan ends, or its payment fails and isn’t fixed, Performance plan rates apply to Guest Payments from then on.
- Fees don’t include taxes. You pay any tax due on Visby’s fees, except taxes on Visby’s income.
6. Visby sells, you supply
- Visby is the seller. For every Sale, Visby buys the service from you and sells it to the guest in its own name. The guest’s contract for the Sale is with Visby, the checkout says “Sold by Visby” with your property’s name, and Visby gives the guest the receipt. You are Visby’s supplier: you deliver the service to the guest as section 4 says, and you are responsible to Visby for doing so.
- Guest Payments are Visby’s. Guests pay Visby, through Stripe on Visby’s Stripe account, in the currency of your price. Card statements show Visby with your property’s name. A Guest Payment is Visby’s own revenue. What Visby owes you is Your Share, the price for the service you supplied, due under this section. It isn’t money held for you, a deposit or a trust, and it doesn’t earn interest. Visby is not a bank and is not your agent for Guest Payments.
- Your Share. For each Sale Visby owes you Your Share. The Statement is the record of what Visby owes you. Where the law allows, you agree that the Statement is the invoice for your supplies to Visby (self-billing), so you don’t invoice Visby for them. If the law where you are requires you to issue your own invoice, tell us, and make it match the Statement. Don’t charge the guest again for a Sale.
- Bank account. Visby pays you by bank transfer, through its payout provider (currently Wise) or its own bank. An owner or manager adds your bank account in the Portal. The details go to the payout provider, and Visby keeps only a reference and a short label. You confirm the account belongs to your business and that the details are correct. A transfer sent to the details you gave counts as paid.
- When you’re paid. Your Share of a Sale becomes payable 7 days after the guest paid, unless the Fee Schedule or the Portal says otherwise. Visby sends payable amounts regularly: normally weekly until November 12, 2026, and from November 13, 2026 normally once a month, early in the month. Your bank receives them after the payout provider’s and banks’ processing times, usually a few business days. Guests can pay by card through Visby’s checkout from the start. If Visby owes you money before you have added your bank account, it keeps it for you and pays it once you add one.
- Currency. Your Share is worked out in the currency the guest paid. If your bank account is in another currency, it is converted at the payout provider’s or bank’s rate when the payout is sent. Visby pays the transfer fee unless the Fee Schedule says otherwise. Fees your own bank charges are yours.
- Deductions and holds. Before paying, Visby deducts cancelled or refunded Sales, lost disputes and other amounts you owe under these Terms (sections 8 and 9). We may hold back payment for a Sale, or extend the 7 days, while a dispute is open, where fraud or a breach is reasonably suspected, or where the law, Stripe or the payout provider requires it.
- Checks. Visby pays you once your property is verified (section 3) and these Terms are accepted. We may ask for information about your business and its owners that Visby, Stripe or the payout provider reasonably need to verify you and to meet anti-money-laundering and sanctions rules. We can’t pay a business or person who is subject to sanctions, or a bank in a country the payout provider doesn’t serve.
- Failed payouts. If we can’t pay you (for example your bank account is closed or rejects the transfer), we’ll tell you and try again once you update the details. If we still can’t pay you after reasonable efforts, we will deal with the amount owed as the law requires.
- Payments outside Visby’s checkout. Charges to the room, payments at your desk, cash, and paying a driver or partner directly aren’t Sales. They are your own sales and you collect that money, even when the guest asks for them in the guest app. On the Performance plan, Visby’s commission on those payments is still owed. Visby may deduct it from money it owes you or send you an invoice.
- Pauses. If we reasonably suspect fraud, a breach of these Terms or an unusual number of disputes, we may pause new Sales or payouts for your property while we look into it. If we do, we’ll tell you why.
- Earlier versions. Under earlier versions of these Terms, some properties were to be paid through their own Stripe account, with Visby collecting as their agent. That ends when you accept this version: every Sale from then on follows this section. Money already in your own Stripe account stays there, under Stripe’s terms.
7. Card processing
- On every plan, card processing comes out of each card Guest Payment when Your Share is worked out. The rate is in the Fee Schedule.
- It is one standard rate. Some cards cost more to process, such as international cards or cards that need currency conversion. Visby covers that extra cost unless the Fee Schedule sets a separate rate for it. From November 13, 2026 it does: plus 0.8% on cards issued outside Canada, and plus 2% when a payment is converted to another currency, because Visby’s payment account is in Canada. Visby works this out from the card when the guest pays, and the Statement shows it.
- Instead, you can have guests pay it: turn on the Visby service fee in the Portal and guests pay the service fee rate in the Fee Schedule on top of your price whenever they pay by card through Visby, shown to them before they pay. Then no card processing (standard or extra) comes out of Your Share, and Visby’s commission is still worked out on your price only. Visby keeps the service fee. A guest who gets a full refund gets the service fee back, and section 8 applies to that refund as if the service fee were the card processing on it.
- Visby doesn’t charge card processing or the service fee on room charges or payments taken at your desk.
8. Refunds and cancellations
- You set the cancellation and refund policy for each service. Visby shows it to guests before they pay and, as the seller, makes refunds following it and consumer law.
- Refund a Sale from the Portal where it offers a refund, or email us. Visby may also refund a guest without your approval where the law or the card networks require it, or where a Sale wasn’t delivered as described, and tells you when it does.
- When a guest cancels within the cancellation policy you set, they get the whole amount back, you aren’t paid Your Share for it (or it comes off your next payouts if it was already paid), and Visby returns its commission. Card processing isn’t returned, so the refund costs you the processing on that payment.
- When a Sale is refunded because you didn’t deliver it (you declined, cancelled or refunded it, or the guest didn’t take an alternative you offered), the guest gets the whole amount back and you aren’t paid Your Share. From November 13, 2026, Visby also keeps its commission and the card processing on that payment, and they come off your next payouts. Before that date Visby returns its commission, and the refund costs you the processing only.
- For a partial refund (for example a swap to something cheaper), the same applies to the amount refunded.
- If your next payouts can’t cover a refund, Visby may recover the amount from later payouts or send you an invoice, payable within 30 days.
9. Disputes and chargebacks
- A guest can dispute a card payment with their bank. Visby is the seller, so the bank deals with Visby, and Visby answers the dispute. You agree to help: send us evidence (booking details, proof the service was provided, your policies, guest messages) within 5 business days of our request.
- A disputed Sale is kept out of your payouts while the dispute is open. If a dispute about your services or partner services (for example that a service wasn’t provided or wasn’t as described) is lost or accepted, you bear the disputed amount and the card network’s dispute fee, and Visby returns its commission on that payment. If the Sale was already paid to you, the amount comes off your next payouts or is invoiced.
- Visby bears disputes about the payment itself, such as a card used without its owner’s permission or a processing error, unless you or your team caused it.
- If a dispute is won, Your Share is paid to you with your next payout.
10. Platform plan billing
- Platform plans are billed monthly in advance in US dollars, through Stripe, to the payment method you add. They renew each month until you cancel.
- Usage above your plan’s allowance is counted each calendar month and billed afterwards, at the rates in the Fee Schedule.
- Change or cancel your plan any time in Manage billing in the Portal. A cancelled plan runs to the end of the period you have paid for, unless Manage billing shows otherwise. We don’t refund part-months, except where the law requires.
- If a payment fails, Stripe tries again. While it is overdue, your concierge stops at the plan’s allowance. If it stays unpaid, the plan ends and Performance plan rates apply.
- Pick the plan that fits your room count. If your property grows past it, we’ll ask you to move to the right plan.
11. Your data and guests’ data
- You own your content and the guest data you bring to the Service. The DPA governs how Visby processes that personal data for you. Security is described at /security and the providers we use are listed at /subprocessors.
- When a guest creates their own Visby account, Visby is a separate controller for that account under the Privacy Policy. Visby is also a separate controller for its Sales to guests and for the payment, payout, tax and fraud records it keeps for its own legal obligations.
- When you connect a property management system or booking engine, or forward booking confirmations to your Visby address, you confirm you’re allowed to share that guest information with Visby so it can create stays and invite guests.
- You instruct Visby to share booking details with the partners and drivers you add, as described in section 4. Phone numbers and emails of guests and drivers are not shown to each other; they talk through the Service.
- You let Visby use your content (name, logo, photos, descriptions, menus, prices) to run the Service and show it to guests.
- Visby may use aggregated data that doesn’t identify you or any person to run and improve the Service.
- You can ask us to export your data at any time, and when these Terms end.
12. Changes to these Terms and the Fee Schedule
- We may update these Terms or the Fee Schedule. If a change raises your fees or reduces your rights, we’ll give you at least 30 days’ notice by email or in the Portal before it applies.
- Fee changes never apply to Guest Payments made before the change takes effect.
- For a material change, we’ll ask you to accept the new version in the Portal. If you don’t agree, you can stop using the Service before the change takes effect, and the previous terms and fees apply until then.
13. Term, suspension and ending
- These Terms start when you accept them and continue until either of us ends them.
- You can end them at any time: cancel any plan, turn off Sales through Visby’s checkout and email us to close your property’s account.
- We can end them with 30 days’ notice. We can end them straight away if you seriously breach these Terms and don’t fix it within 10 days of our notice, or for fraud, illegal activity, risk to guests, or where Stripe or the law requires it. We may suspend parts of the Service when needed to protect guests or the Service.
- When these Terms end, you must still provide or refund what guests have already paid for. Refunds, disputes and fees owed by either of us still have to be settled. Visby pays what it still owes you once the 7 days and any open disputes are over, less amounts you owe. Your data is returned or deleted under the DPA. Sections that by their nature should continue (fees owed, refunds, disputes, confidentiality, liability, indemnity) survive.
14. Intellectual property
- Visby owns the Service and its software. While these Terms last, you may use the Service for your property. You may not copy, resell, or reverse engineer it.
- You keep all rights in your brand and content. We won’t name you publicly as a customer without your permission.
- If you send us feedback or ideas, we may use them freely.
15. Confidentiality
Each of us will keep the other’s non-public business information confidential and use it only for these Terms. This doesn’t cover information that is public, was already known, was received lawfully from someone else, or has to be disclosed by law.
16. Warranties and disclaimers
Each of us confirms it has the authority to enter these Terms. Other than what these Terms say, the Service is provided “as is”. We don’t promise it will be uninterrupted or error free. Visby isn’t responsible for services run by others that the Service connects to, such as Stripe, our payout provider, banks, property management systems, booking channels, maps, calling and messaging providers, and isn’t liable for their delays or failures.
17. Limitation of liability
Neither of us is liable for indirect or consequential losses, or for lost profits, revenue or goodwill. Visby’s total liability under these Terms is limited to the fees you paid Visby (commission and plan fees) in the 12 months before the claim. These limits don’t apply to Your Share owed for services you supplied, refunds and disputes, fees owed, either party’s indemnity, breach of confidentiality, fraud or wilful misconduct, or anything the law doesn’t allow to be limited.
18. Indemnity
- You will cover Visby for third-party claims, including guests’ claims against Visby as the seller, that come from your services or partner services you add (including Sales you supply), transport by drivers you add, your content, guests’ stays at your property, bank details you gave us, or your breach of these Terms or the law.
- Visby will cover you for third-party claims that the Service, used as these Terms allow, infringes their intellectual property.
19. General
- If documents conflict: an Order Form applies for what it covers, the DPA applies for data protection, and otherwise these Terms apply.
- You may not transfer these Terms without our consent, except to someone who buys the business that runs your property. We may transfer them to an affiliate or to someone who buys our business.
- We send notices to your account owner’s email and in the Portal. Send notices to us at hello@visbytravel.com.
- We are independent businesses. Visby buys from you and sells to guests: it is your customer, not your agent. Apart from Visby paying partner shares on your instruction (section 4), these Terms don’t create a partnership, agency or employment relationship.
- Neither of us is responsible for delays caused by events outside its reasonable control.
- These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Any dispute about them goes to the courts of Ontario, and both of us accept those courts’ jurisdiction.
- If any part of these Terms can’t be enforced, the rest still applies. Not enforcing a term isn’t a waiver. These Terms, the Fee Schedule, the DPA and any Order Form are the whole agreement between us about the Service.
20. Contact
Nomad Travel & Hospitality Inc. (Visby) · Ontario, Canada
hello@visbytravel.com · DPA · Security