Terms of Service
Please familiarize yourself with the Terms of Service below as well as our Privacy Policy, which are incorporated into these Terms of Service by this reference.
Welcome! The following are the Terms of Service ("Terms of Service" or simply "Terms") for all products and services, including the website, related mobile applications, software products and services, platforms, programs, and all other applications, services, software, platforms and products operated, provided, or sold by or on behalf of Wander, Inc. and its affiliates (collectively "Wander", the "Company", "we" or "us").
The website, app, and all other related products and services, whether or not specifically listed above, and including any content, tools, features, and functionality offered on or through them are interchangeably referred to as the "Wander Services," "Wander Products and Services," or simply as the "Services." Any new products, platforms, offerings, features or tools added to the current Services will also be subject to these Terms of Service. You can review the current version of these Terms at any time on this page.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including the following policies, terms of use and other related product- and service-specific terms of service which are incorporated into these Terms of Service by this reference: Wander’s Acceptable Use Policy ("AUP") and Privacy Policy; specifically for Guests, Wander’s Rules and Policies; and for our users and customers, if and as applicable, the Supplementary Terms of Service for the E.U. and U.K ("EU Terms"), the Wander API License and Terms of Use ("API Terms"), and the Wander Data Processing Addendum ("DPA"), all before you may sign up for an account or membership or use any product or service. By signing up for an account or by using any products or services you are agreeing to be bound by these Terms of Service.
These Terms of Service govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. Use of the Services is conditioned upon your agreeing to these Terms of Service.
As used in these Terms of Service, “we”, “us”, “our” and “Wander” and the “Company” means the applicable Wander-related entity providing the products and services and/or otherwise acting as a Contracting Party (as defined below), and “you” means the user (if registering for or using a product or service as an individual), or the business employing the user (if registering for or using a product or service as a business) and any of its affiliates. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. The arbitration clause is governed by federal law. You have the right to opt out of arbitration as explained in Section 9.
By creating an account and/or by using any product or services, you agree that Wander may contact you using automated technology, including but not limited to SMS, prerecorded or artificial voice messages, and auto-dialing or power-dialing systems, for service-related and marketing purposes. Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP or contacting us.
Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. Be sure to occasionally check back for updates.
1. Who May Use the Services
You must be 21 years of age or older to become a member and use the Services. Guests of members who are 18 years of age or older may use certain features of the Services but are not eligible to become members or book experiences.
Certain products and services may carry additional requirements.
You are prohibited from using the Services if you are (a) a resident of any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you meet these requirements.
You acknowledge that Wander will use the email address and cell number you provide on opening an account or as updated by you from time to time as the primary methods for communication with you.
You are responsible for keeping your password secure. Wander cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to users. Questions about the Terms of Service should be sent to Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Wander.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Wander Sites (if applicable), use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer any product or service.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your data and other information (“Materials”) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” includes your business and personal information, trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, product reviews, or other business content and data provided or made available by you or on your behalf to Wander or its affiliates.
2. User Accounts and Subscriptions
2.1. Creating and Safeguarding your Account
To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at Legal@Wander.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account or if we previously banned you from any of our Services, unless we provide written consent otherwise.
2.2. Subscription and other Product and Services Renewals and Cancellations
If you purchase a subscription or other products or services, your subscription and/or other products and services will automatically renew at the period frequency referenced on your subscription, purchase order or contract page (or if not designated, then yearly) and at the then-current rates, and your payment method will automatically be charged at the start of each new period for the fees and taxes applicable to that period. To avoid future renewal charges, you must cancel before the renewal date from your account settings.
2.3. Subscription and other Product and Services Payment
If you buy or subscribe to any paid products or services, you agree to pay the applicable fees and taxes in U.S. Dollars. Failure to pay will result in termination of access to paid Services. If you purchase a recurring subscription, we may store and continue billing your payment method to avoid interruption of such Services, and we may calculate taxes payable by you based on the billing information you provide. We reserve the right to change plans or adjust pricing at any time, with reasonable notice where required.
2.4. No Subscription Refunds
Except as expressly set forth in these Terms, payments for any subscriptions or other use of paid Products and Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
2.5. Contracting Party
The person signing up for the Service by opening an Account, or signing any form of contract, purchase order or agreement will be the contracting party (“User”) for the purposes of these Terms and will be the person who is authorized to use any corresponding account. If you are signing up for the Services on behalf of your employer, your employer will be the User and you represent and warrant that you have the authority to bind your employer to these Terms.
3. Orders for Products and/or Services
3.1. Payment
The Services may permit you to purchase certain other products or services, including products or services of third parties offered through the Services (“Offerings”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings is accurate, current, and complete, and that you have the legal right to use the payment method you provide. We may discontinue, modify, or limit quantities of Offerings and may refuse any order. You agree to pay the full purchase amount, including applicable taxes and shipping (if any).
3.2. Promotional Codes
Promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) may be offered subject to additional terms. Promotional Codes must be used lawfully, for their intended purpose, and may be disabled or conditioned at any time without liability.
3.3. Gift Cards
Gift cards may be offered for the purchase of Offerings. We are not responsible for unauthorized access to or alteration, theft, or destruction of a Gift Card or code. We may suspend use of a Gift Card if reported lost or stolen or used suspiciously or fraudulently. Gift Cards cannot be redeemed for cash (except as required by law), reloaded, resold, or used for unauthorized marketing or promotions. Gift Cards do not expire and no service or dormancy fees apply.
3.4. Changes and Pricing
We may revise pricing, availability, specifications, content, descriptions, or features of any products, services and Offerings at any time. If an Offering itself is not as described, your sole remedy is to return it (for physical products, in unused condition). We may correct pricing errors and cancel orders placed with such errors.
3.5. Order Acceptance; Shipment
Receipt of an order confirmation does not signify acceptance of your order. We may accept or decline your order at any time. If we cancel after billing, we will refund the billed amount. Title and risk of loss for physical products pass to you upon delivery to the carrier. We may ship partial orders and charge at the time of shipment.
3.6. Returns, Refunds or Exchanges
All Services are non-refundable and are not eligible for returns or exchanges except as provided in Wander’s Rules and Policies related to guest stays.
3.7. No Delivery to Children
Users are not allowed to provide the personal information of any persons under the age of 13 for delivery, shipping, or any other reason.
4. Location of Our Privacy Policy
4.1. Privacy Policy
Our Privacy Policy describes how we handle the information you provide when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.
4.2. Wander’s Rules and Policies
Wander’s Rules and Policies are incorporated herein by reference, and describe the rules you are required to abide by during your experience booking and staying at a Wander property.
5. Rights We Grant You
5.1. Right to Use Services
We permit you to use the Services provided that you comply with these Terms. You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of the Services and your performance of obligations under these Terms.
The API Terms govern your access to and use of any APIs that may be related to the Products and Services. You are solely responsible for the activity that occurs using your API credentials and for keeping your API credentials secure.
If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we grant you a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access materials provided to you as part of the Services, solely to enable you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for reasons including maintenance, updates, or other actions we elect to take.
5.2. Restrictions On Your Use of the Products and Services
- (a) Do not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information from or through the Services, except for temporary browser caching or as otherwise expressly permitted.
- (b) Do not duplicate, decompile, reverse engineer, disassemble or decode the Services.
- (c) Do not use or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services.
- (d) Do not use automation software, hacks, modifications or any other unauthorized third-party software designed to modify the Services.
- (e) Do not exploit the Services for any commercial purpose, including facilitating advertisements or solicitations.
- (f) Do not access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with others’ access or use.
- (g) Do not attempt to gain unauthorized access to the Services, user accounts, or related systems or networks.
- (h) Do not circumvent or thwart any technological measures or content protections.
- (i) Do not use any robot, spider, crawler, scraper, or other automated device or manual process to monitor, extract, copy or collect information or data from or through the Services.
- (j) Do not introduce viruses, trojan horses, worms, logic bombs or other malicious materials.
- (k) Do not submit or use the Services for content or activities that are unlawful, defamatory, obscene, harassing, threatening, hateful, violent, pornographic, deceptive or otherwise objectionable.
- (l) Do not consume alcohol if under 21 or furnish alcohol to anyone under 21 in connection with your use of the Services.
- (m) Do not consume illegal drugs or substances in connection with your use of the Services.
- (n) Do not violate Wander’s Rules and Policies or other policies incorporated in these Terms.
- (o) Do not violate any applicable law or regulation.
- (p) Do not access or use the Services in any way not expressly permitted by these Terms.
5.3. Use of the App
You are responsible for providing any device, plan, software, internet connection and other equipment needed to use the app and related Services. You may receive push notifications, texts, emails or other messages related to the app (“Push Messages”). Your carrier may charge fees. You can manage Push Message preferences in your device or app settings (except for infrequent, important service or administrative messages).
5.4. Mobile Software and other Products and Services from the Apple App Store
If you use the app from the Apple App Store, additional Apple terms apply. These Terms are between you and the Company, not Apple. Apple has no responsibility for the app, no obligation to provide maintenance or support, and is not responsible for claims related to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the app and may enforce them.
6. Ownership and Content
6.1. Ownership of the Products and Services
The Services, including their look and feel, proprietary content, software code, and functionality are protected by intellectual property laws. The Company and/or its licensors own all rights, title and interest in and to the Services. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including the exclusive right to create derivative works.
6.2. Ownership of Trademarks
The Company’s name, logos, and related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names and logos on the Services are the property of their respective owners. You agree not to use any Wander trademarks without written authorization, and not to adopt marks confusingly similar to them.
6.3. Ownership of Feedback
We welcome feedback, comments, reviews, and suggestions for improvements (“Feedback”). All Feedback becomes the sole and exclusive property of the Company without compensation to you, and you assign all rights in Feedback to the Company. Reviews you submit must be accurate and lawful. We may remove or edit Feedback in our discretion.
6.4. Beta Services
We may invite you to use pre-release or beta features (“Beta Services”). Beta Services are not part of the Services and may be subject to additional terms. Conversations and materials related to Beta Services are confidential. Beta Services may not function and may be discontinued at any time without liability.
6.5. Your Content License Grant
By posting or uploading content through the Services (“Your Content”), you grant us a royalty-free, transferable, sub-licensable, worldwide and irrevocable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content as necessary to operate and provide the Services, and to disclose Your Content to third parties as necessary to comply with legal obligations. You represent that you have all rights necessary to grant this license and waive any moral rights to the fullest extent permitted by law. We may remove any of Your Content at any time in our discretion.
6.6. Notice of Infringement – DMCA (Copyright) Policy
If you believe materials on the Services infringe your copyright, send a notice under 17 U.S.C. 512(c) including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a good faith statement; (e) a statement under penalty of perjury of authority; and (f) your signature. Notices should be sent to Legal@Wander.com. We may disable or terminate accounts of repeat infringers.
7. Third Party Services and Materials
7.1. Use of Third Party Materials in the Services
Certain Services may display or make available third-party content, data, information, applications, or materials (“Third Party Materials”) or provide links to third-party websites. We are not responsible for examining or evaluating such Third Party Materials or websites and do not warrant or endorse them. They are provided solely as a convenience to you.
8. Disclaimers, Limitations of Liability and Indemnification
8.1. Disclaimers
- (a) Your access to and use of the Services and properties are at your own risk. Some properties have pools, hot tubs, golf carts, e-bikes and watercraft and some are located on oceans, cliffs, mountainsides, bays, lakes and rivers, all of which have inherent risks. The Services and properties are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, the Company and its affiliates, officers, directors, employees, agents, representatives, partners and licensors disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
- (b) The Company Entities take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services.
- (c) You may be exposed to content that is offensive, illegal, misleading, or otherwise inappropriate, for which the Company Entities are not responsible.
8.2. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
8.3. Indemnification
You agree to defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) your violation of these Terms or any law; (b) your violation of third-party rights; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. We may control the defense or settlement of any claim subject to your indemnification.
9. Arbitration and Class Action Waiver
9.1. Informal Process First
You agree to first contact the Company and make a good-faith effort to resolve any dispute before resorting to formal resolution. This Arbitration Agreement is governed by federal law.
9.2. Arbitration Agreement
After the informal process, any remaining dispute, controversy, or claim (“Claim”) relating in any way to your use of the Company’s services and/or products will be resolved by final and binding arbitration, including threshold questions of arbitrability, administered by JAMS under its then-current rules. Arbitration will be handled by a sole arbitrator. Judgment on the award may be entered in any court with jurisdiction. You may have the arbitration conducted via telephone, videoconference, or as an in-person hearing in your hometown area (if in the United States) or another reasonably convenient location.
9.3. Waiver of Class Actions and Class Arbitrations
Each party may bring Claims only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding. No dispute shall proceed by way of class arbitration without the written consent of all affected parties.
9.4. Costs of Arbitration
Payment of reasonable JAMS filing, administrative and arbitrator fees will be in accordance with JAMS Rules. If your claim does not exceed $10,000, the Company will pay reasonable filing, administrative and arbitrator fees unless the arbitrator finds your claim frivolous or for an improper purpose. If you initiate the claim, you may be required to pay the lesser of $250 or the maximum permitted under JAMS Rules. You are responsible for additional costs you incur, including attorneys or expert fees.
9.5. Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to Legal@Wander.com (or to the U.S. mailing address listed in “How to Contact Us”) within thirty (30) days of registering to use the Services or agreeing to these Terms (or within 30 days of any later amendment to this Section).
9.6. Exceptions
You may assert a qualifying claim in small claims court on an individual basis. Either party may bring an action for injunctive or other equitable relief, or for claims relating to intellectual property infringement or misappropriation.
10. Additional Provisions
10.1. SMS Messaging, Emails and Phone Calls
We may contact you via telephone, email or text messages (including by an automatic telephone dialing system) at numbers provided by you in connection with your use of the Services, including for marketing purposes. You are not required to provide this consent as a condition of purchase. You may opt out at any time as described in our Privacy Policy.
10.2. Updating These Terms
We may modify these Terms from time to time and update the “Last Revised” date. If changes are material, we will use reasonable efforts to notify you. Your continued use of the Services after changes become effective constitutes acceptance.
10.3. Termination of License and Your Account
If you breach these Terms, all licenses terminate automatically. We may suspend, disable, or delete your account or the Services, with or without notice, for any or no reason. Upon account deletion, we may delete Your Content but are not required to do so. Provisions that by their nature should survive termination will continue in effect.
10.4. Injunctive Relief
A breach of these Terms will cause irreparable injury for which monetary damages are inadequate; we are entitled to equitable relief without bond.
10.5. California Residents
California residents may report complaints to the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
10.6. Non-Disparagement
User and Wander agree not to disparage each other with respect to their business relationship or otherwise.
10.7. Miscellaneous
If any provision of these Terms is unlawful, void or unenforceable, that provision is severable. These Terms may be assigned by the Company; you may not assign them without our consent. No waiver of any breach shall be deemed a waiver of any other breach. The Services are operated in the United States. These Terms are governed by Texas law, and venue is as set forth in Section 9 or, if arbitration does not apply, in the state and federal courts located in Austin, Texas. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
10.8. How to Contact Us
You may contact us regarding the Services or these Terms by e-mail at Legal@Wander.com.
10.9. Modifications
We may update or change any portion of these Terms at any time. We will provide reasonable advance notice of changes that materially adversely affect your use or rights, except where immediate changes are needed for legal, regulatory, fraud prevention, or security reasons. Your continued access or use after notice or posting constitutes acceptance.
10.10. Additional Miscellaneous Terms of Service
These Terms and incorporated documents constitute the entire agreement, superseding prior agreements. Failure to enforce any provision is not a waiver. If any provision is contrary to law, it will be changed to accomplish its objectives to the fullest extent allowed, and the remaining provisions remain in effect. No non-party has rights to enforce these Terms. These Terms may be available in other languages; the current English version governs. These Terms bind and inure to the benefit of the parties and their successors and permitted assigns. On termination, your obligations for prior transactions and accrued liabilities survive, and the Company’s rights survive.
11. Eviction, Criminal Prosecution and Related Remedies for Unauthorized Use, Fraud and Other Misconduct
11.1. Eviction from the Property and Criminal Prosecution
Wander may evict any guest and cancel any existing rental agreement, without credit or refund, for misrepresentations in the booking process or rental agreement, use of false payment or identification methods, failure to vacate at the end of the agreed term, or other violations of these Terms or Wander’s Rules and Policies. If you are on the premises by false pretenses, including credit card fraud or impersonation, you may be deemed to have criminally trespassed and stolen services and may be prosecuted. If law enforcement is called for any reason, we reserve the right to have them evict you immediately.
12. Data Deletion Instructions
We will delete or anonymize personal information once it is no longer needed for its intended purpose or upon request from the individual whose data is stored, subject to applicable laws and regulations. To delete your account and associated personal data, please access your profile within the mobile app and select “Delete your account.” If you experience any problems, contact hello@wander.com. Some data may need to be retained for legal or regulatory purposes; in such cases, it will be kept secure and confidential.
13. Prohibited Use – Competitive Purposes
You may not access or use the Services, including but not limited to any artificial intelligence–powered functionality, for the purpose of developing, training, or enhancing a competing product or service. Any such use of our intellectual property, technology, or data for competitive purposes is strictly prohibited and constitutes a violation of these Terms of Service.