Binding Agreement
Legal contract between tourism operators and Flora Plus for booking services
Payments and Commissions
Payment processing system and transparent commission structure
Responsibilities
Legal obligations, compliance, and liability limitations
Introduction
This Merchant Agreement ("Agreement") constitutes a legally binding contract between the entity registering as a Tourism Operator ("Operator", "you" or "your") and Flora Plus, LLC ("Flora Plus", "we", "us" or "our"), a limited liability company incorporated in Delaware, with principal offices at 131 Continental Dr Suite 305, Newark, DE, 19713, United States.
This Agreement governs your use of Flora Plus's booking engine and related services to sell, manage, and offer tourism services to end customers.
Acceptance of Terms
By completing the onboarding process and checking the acceptance checkbox, you agree to be legally bound by this Agreement and by the Stripe Connected Account Agreement, available at https://stripe.com/connect-account/legal.
This Agreement becomes effective from the date of electronic acceptance and shall remain in effect until terminated pursuant to Section 10.
Electronic acceptance of this Agreement shall have the same legal validity as a handwritten signature under applicable law.
Definitions
Available Balance
Refers to the portion of funds held in the Operator's Connected Account that is available for payout or refund operations.
Chargeback
A dispute initiated by a cardholder with their bank, resulting in a forced refund.
Client
Any end user who makes a booking through the Platform.
Connected Account
Refers to your Custom-type Stripe account, managed through Flora Plus.
Destination Charges
Refers to Stripe's model where Flora Plus charges the Client and transfers net earnings to the Operator.
Dispute
Any objection or challenge to a charge raised by the Client through their payment method provider.
Extranet
Refers to the secure section of the Platform for Operators, allowing management of listings, availability, pricing, and bookings.
Operator
The entity that offers tourism services to Clients through the Platform.
Payout
Transfer of funds from the Operator's Connected Account to their external bank account, executed by Stripe.
Platform
Refers to Flora Plus's booking engine, including its software, extranet, payment gateway, and communication tools.
Refund
Partial or full return of an amount previously charged to the Client, initiated by the Operator and executed by Flora Plus through Stripe.
Service Commission
Commission charged by Flora Plus on each transaction, calculated on the total final amount paid by the Client.
Stripe
Refers to Stripe, Inc., our external payment processor.
Stripe Commissions
Refers to processing fees charged by Stripe, including Connect fees and additional charges.
Scope of Services
Flora Plus provides a white-label booking solution, embedded within the Operator's website. Flora Plus handles:
- Payment collection
- Booking processing
- Report generation
- Automated communications to Clients
The Operator is solely responsible for:
- The execution and quality of booked services
- Direct communication with Clients
- Rescheduling and personalized support
- Specific service modifications
Payments and Commissions
You authorize Flora Plus to collect payments from Clients as Merchant of Record. Flora Plus deducts its platform commission ("Service Commission") and processing fees charged by Stripe.
📅 Payment Frequency
Payments to the Operator's Connected Account are made no less than weekly and are subject to a mandatory retention period of 7 days.
💰 Refunds
In case of a refund to the Client, Flora Plus will proportionally refund its own Service Commission. Stripe processing fees are non-refundable.
Commission Structure
The Operator acknowledges that Flora Plus charges a service commission per transaction, as well as payment processing fees charged by Stripe, calculated on the total final transaction amount.
Commission Calculation
Fees are calculated as a percentage of the total transaction amount, including:
- All taxes
- Applicable fees
- Surcharges defined by the operator
⚠️ Important: Flora Plus reserves the right to modify its commission structure with reasonable prior notice. Continued use of the Platform shall constitute tacit acceptance.
Billing
Flora Plus issues a single monthly commercial invoice covering both its Service Commission and Stripe's payment processing fees.
No Manual Payments
No manual payment or transfer is required. All commissions are automatically deducted.
Tax Responsibility
The Operator is responsible for determining, collecting, and remitting applicable taxes in their jurisdiction.
Disclaimer: Flora Plus does not provide tax, accounting, or legal advice, and is not responsible for the Operator's tax obligations.
Refunds, Disputes, and Deductions
Refund Process
Refunds can be initiated by the Operator through Flora Plus's extranet. Flora Plus retains complete technical control over refund execution through Stripe.
You waive any claims against Flora Plus for refunds processed in good faith, provided such refunds align with the Operator's published policies or are intended to protect platform integrity.
🔧 Flora Plus Refund Rights
Flora Plus reserves the right, at its sole discretion, to issue refunds to Clients without prior approval from the Operator, in cases where Flora Plus deems a refund necessary to preserve platform integrity, maintain transaction confidence, or prevent reputational damage. In such cases, Flora Plus may deduct the refunded amounts from the Operator's future payments.
⚡ Chargebacks
In case of chargebacks, the Operator assumes full responsibility for the disputed amount and any fees associated with the dispute. Neither Flora Plus nor Stripe will retain their respective commissions on disputed transactions.
Flora Plus may withhold current or future payments to cover such losses, and reserves the right to reject refund requests if the Operator's Available Balance is insufficient.
Operator Responsibilities
Accurate Information
Maintain accurate information about services, availability, and pricing.
Legal Compliance
Comply with all applicable laws, tax obligations, licenses, and insurance.
Honor Bookings
Honor all confirmed bookings and resolve customer service incidents.
Own Policies
Publish and enforce your own cancellation and refund policies.
📋 Cancellation Policies
Flora Plus does not validate or enforce the Operator's cancellation or refund policies, which are the Operator's sole responsibility.
Content Responsibility: The Operator acknowledges that all content uploaded or configured through Flora Plus systems, including service descriptions, availability, policies, and pricing, is their sole responsibility. Flora Plus does not verify, validate, or assume any responsibility for the legality or accuracy of such content.
Brand License and Marketing
The Operator grants Flora Plus a worldwide, non-exclusive, irrevocable, sublicensable, and royalty-free license to use their trade name, logo, images, descriptions, reviews, and other publicly accessible content.
Authorized Uses
- Platform advertising and promotion
- Search engine optimization (SEO)
- Email marketing
- Distribution through affiliates and third-party channels
The Operator waives any claims for reputational damage arising from such use, provided it is done in good faith.
Note: This license does not imply the transfer of any intellectual property rights.
Suspension and Termination
Grounds for Suspension or Termination
Flora Plus may suspend or terminate this Agreement, or your access to the Platform, at any time for the following reasons:
- Fraud, chargebacks, or misuse
- Reputational damage
- Legal non-compliance or inactive account
Termination by Operator: You may terminate this Agreement at any time with written notice. However, you remain obligated to fulfill all future bookings made prior to termination.
Limitation of Liability and Indemnification
Flora Plus shall not be liable for damages, losses, injuries, or service failures caused by the Operator. You agree to defend, indemnify, and hold harmless Flora Plus against any claims, disputes, damages, or investigations related to your services, data, conduct, or failure to fulfill bookings.
Flora Plus provides its services "as-is" without warranties of any kind.
Stripe Infrastructure and Third-Party Compliance
The Operator acknowledges that Flora Plus relies on Stripe, Inc. and its affiliates for secure payment processing, account creation, fraud prevention, and financial regulatory compliance.
📋 Stripe Compliance
While Flora Plus manages the relationship with Stripe on behalf of the Operator, the Operator agrees to comply with Stripe's rules and policies to the extent applicable, including:
- Stripe's Prohibited and Restricted Business List
- KYC (Know Your Customer) requirements
- AML (Anti-Money Laundering) requirements
⚠️ Termination by Stripe: Flora Plus reserves the right to suspend or terminate this Agreement without prior notice if Stripe determines that the Operator's activity violates applicable law or Stripe's Acceptable Use Policy.
Flora Plus shall not be liable for disruptions arising from compliance decisions or service limitations imposed by Stripe.
Data Access and Privacy
🔒 Data Ownership
All data collected through Flora Plus's booking engine shall be considered exclusive property of Flora Plus. The Operator may access such data solely for operational purposes.
🚫 Usage Restrictions
The Operator may not:
- Export, sell, or transfer Client data
- Use data for unrelated marketing campaigns
- Reuse data for other commercial purposes
✅ Permitted Uses
The Operator may export and share data internally solely for:
- Booking fulfillment
- Customer service
- Service improvement
Stripe is considered an independent data processor under applicable law.
Service Level Agreement (SLA)
Flora Plus will make commercially reasonable efforts to maintain booking platform availability, excluding downtime due to maintenance or events beyond its control. No specific guarantees regarding availability or performance levels are provided.
🛠️ Technical Support
In case of technical incidents that significantly affect booking operations or Platform access, the Operator may contact Flora Plus by email at: support@getfloraplus.com
Flora Plus will make commercially reasonable efforts to respond to critical incidents within 24 hours during business days.
Legal Compliance
The Operator warrants that they possess all licenses, permits, and insurance necessary under local law to offer the services listed on Flora Plus.
⚖️ Operator Legal Responsibilities
The Operator is solely responsible for complying with applicable laws, including those relating to:
- Health and safety
- Taxes and tax obligations
- Labor legislation
- Tourism regulation
Flora Plus shall not be responsible for the Operator's failure to comply with legal obligations in the jurisdictions where they operate.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Delaware, USA. You agree to the exclusive jurisdiction of Delaware state courts for any disputes arising under this Agreement.
Language and Prevailing Version
Flora Plus may provide translations as a courtesy; however, only the English version shall be legally binding.
In case of discrepancy between versions in different languages of this Agreement, the English version shall prevail.
Modifications and Notifications
We may modify this Agreement at any time. Updated terms will be posted in your extranet. Continued use of the Platform constitutes acceptance of the modifications.
You waive the right to receive separate written notifications.
📧 Official Notices
Official notices will be sent to the email address associated with your account.
Contact Information
For any inquiries related to this Agreement, you may contact us at:
Email: support@getfloraplus.com
Address: 131 Continental Dr Suite 305, Newark, DE, 19713, United States
📞 Contact Information
For any inquiries related to this Agreement
Company
Flora Plus, LLC
support@getfloraplus.com
Address
131 Continental Dr Suite 305
Newark, DE, 19713
United States