Terms of Service
Effective Date: January 1, 2025 · Governing Law: Czech Republic
Welcome to MidnightQuest (“we”, “us”, or “the Company”). These Terms of Service (“Terms”) govern your access to and use of the MidnightQuest platform, including our website at midnightquest.app, mobile applications, and all associated services (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
Please read these Terms carefully. Section 11 contains important information about limitation of liability, and Section 4 sets out prohibited activities. Violation of these Terms may result in immediate account suspension or termination.
Section 1
Description of Service
MidnightQuest is a mystery travel and accommodation platform that connects guests seeking unusual, atmospheric, and off-the-beaten-path experiences with hosts who offer unique stays in non-conventional locations. The Platform operates as a marketplace and does not itself own, manage, or operate any of the listed properties.
Our services include:
- ·A curated directory of mystery locations for exploration and discovery
- ·An accommodation booking system for verified unusual stays
- ·A gamified exploration system including experience points (XP), levels, and key tiers
- ·Community features including reviews, check-ins, and mission completions
- ·Host tools for listing, managing, and monetising mystery accommodations
MidnightQuest is not a tour operator, travel agency, or property management company. We are a technology platform that facilitates connections between independent hosts and guests. All accommodation listings are provided by third-party hosts who are solely responsible for the accuracy and legality of their listings.
Section 2
User Eligibility
To use MidnightQuest, you must meet all of the following requirements:
- 1.You must be at least 18 years of age. The Platform is not intended for persons under 18. By creating an account, you represent and warrant that you are 18 or older.
- 2.You must have the legal capacity to enter into binding contracts under applicable law.
- 3.You must not be a person barred from using the Platform under applicable laws of the Czech Republic or any other applicable jurisdiction.
- 4.You must not have a previously suspended or terminated MidnightQuest account, unless we have explicitly reinstated it.
- 5.You must provide accurate, current, and complete information during registration and keep it updated.
By using the Platform, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service to any person or entity at our sole discretion.
Section 3
User Accounts
You are responsible for maintaining the security of your account credentials. You must not share your password with any third party. You are fully responsible for all activities that occur under your account, whether authorised by you or not.
You must notify us immediately at security@midnightquest.app if you believe your account has been compromised. We will not be liable for any loss or damage arising from your failure to secure your account.
We reserve the right to terminate or suspend accounts at any time for violation of these Terms, suspicious activity, fraudulent behaviour, or any other reason at our sole discretion, with or without prior notice.
Section 4
Prohibited Activities
The following activities are strictly prohibited and may result in immediate account termination, reporting to law enforcement, and civil liability.
Safety and Legal Compliance:
- ·Trespassing on private property or accessing any location without the explicit permission of the property owner.
- ·Visiting, accessing, or encouraging the exploration of locations where access is legally prohibited.
- ·Engaging in any activity that endangers yourself, other users, third parties, or emergency services.
- ·Vandalising, damaging, or removing items from any location visited through the Platform.
- ·Ignoring official closure notices, warning signs, or instructions from law enforcement or property owners.
- ·Using the Platform to plan, coordinate, or carry out any illegal activity.
Platform Integrity:
- ·Creating false or misleading listings, reviews, check-ins, or user profiles.
- ·Manipulating XP, levels, or key tiers through exploits, bots, or fraudulent activity.
- ·Reverse engineering, scraping, or attempting to extract data from the Platform.
- ·Using automated tools to create accounts, submit check-ins, or manipulate the Platform.
- ·Harassing, threatening, or abusing other users, hosts, or MidnightQuest staff.
- ·Publishing personally identifiable information about other users without their consent.
Commercial Restrictions:
- ·Listing properties you do not own or have explicit written authorisation to list.
- ·Collecting payments outside of the Platform for bookings arranged through the Platform.
- ·Reselling or subletting booked stays without host consent.
Section 5
Host Responsibilities
Hosts are independent operators who list their properties on MidnightQuest. By listing a property, you agree to the following obligations:
- 1.You warrant that you have full legal right and authority to list the property — whether as the owner, a leaseholder with subletting rights, or an authorised representative.
- 2.All information in your listing must be accurate, complete, and not misleading. This includes location, property type, amenities, access conditions, and any known risks or hazards.
- 3.You are solely responsible for ensuring that your property complies with all applicable local laws, zoning regulations, planning permissions, and safety requirements.
- 4.You must obtain all necessary permits or licences required for short-term accommodation in your jurisdiction.
- 5.You must not list properties that are occupied without the knowledge or consent of the occupants.
- 6.You must disclose any known safety hazards associated with the property that guests should be aware of.
- 7.You must honour confirmed bookings. Repeated unjustified cancellations may result in account suspension.
- 8.You are responsible for collecting and remitting applicable taxes on accommodation income in accordance with local law.
- 9.You agree that MidnightQuest may remove any listing at any time that we determine, in our sole discretion, does not comply with these Terms or our listing standards.
Section 6
Guest Responsibilities
As a guest using the Platform to book stays or explore locations, you agree to:
- 1.Respect the property and treat it with reasonable care. You are liable for any damages you cause to the property during your stay.
- 2.Follow all house rules as set out by the host in the listing.
- 3.Not exceed the number of guests stated at the time of booking without the host's prior written consent.
- 4.Vacate the property by the agreed check-out time.
- 5.Not use the property for any commercial purpose, party, or event not disclosed at the time of booking.
- 6.Not smoke inside properties unless explicitly permitted by the host.
- 7.Comply with all applicable laws during your stay, including noise ordinances and local regulations.
- 8.Treat all locations — whether booked stays or exploration sites — with respect. Leave no trace. Do not remove, damage, or alter any property, structure, or artefact.
- 9.Acknowledge that some stays involve unusual or potentially hazardous environments, and that you explore and stay at your own risk.
Section 7
Paranormal Activity Disclaimer
MidnightQuest makes absolutely no guarantees of paranormal encounters, supernatural phenomena, or unusual events of any kind. Read this section carefully before booking.
No Guarantee of Paranormal Experience: The Platform connects guests with locations and experiences that have documented histories of reported unusual activity, folklore, or paranormal claims. MidnightQuest does not verify, endorse, or guarantee that any paranormal, supernatural, or anomalous activity will occur at any location, during any stay, or as part of any experience.
Nature of Paranormal Claims: Paranormal experiences are by definition unverifiable, subjective, and uncontrolled. Host descriptions of paranormal activity — including reported apparitions, unexplained sounds, anomalous readings, or historical accounts — represent subjective historical accounts, folk traditions, and guest anecdotes. They are not scientific certifications, verified facts, or promises of future experiences. No listing constitutes a scientific or factual claim that paranormal phenomena exist at the location.
No Refunds for Absence of Activity: The absence of paranormal, supernatural, or unusual phenomena during a booking does not constitute grounds for a refund, complaint, or dispute. By booking through the Platform, you explicitly acknowledge and accept that:
- ·Paranormal activity cannot be scheduled, guaranteed, or reproduced on demand.
- ·Historical reports of unusual activity do not create any expectation or warranty for your specific stay.
- ·You are paying for access to the location and/or experience, not for any specific paranormal outcome.
- ·No claim of "nothing happened" will be accepted as a basis for a refund under any circumstances.
Fabricated Reports Prohibited: Hosts are expressly prohibited from fabricating paranormal activity reports, staging events to deceive guests, or misrepresenting the nature or history of their listing. Violations will result in immediate listing removal and account termination. Guests who have genuine concerns about misrepresentation (distinct from simply not experiencing paranormal phenomena) may contact support@midnightquest.app.
Section 8
Physical Risk and Safety Disclaimer
Many locations on MidnightQuest involve real, significant physical risks. You are responsible for assessing your own fitness, capability, and risk tolerance.
Many experiences, locations, and accommodations listed on MidnightQuest involve environments that carry inherent physical risk. These include but are not limited to:
- ·Remote or isolated terrain with limited emergency service access
- ·Abandoned or derelict structures with structural instability, hazardous materials (asbestos, lead paint, biological hazards), or unstable floors and ceilings
- ·Underground locations including caves, tunnels, and bunkers
- ·Locations accessible only at night or in low-light conditions
- ·Coastal, aquatic, or waterlogged environments
- ·Forest, wilderness, and off-trail exploration areas
- ·High altitude or exposed elevated structures
Assumption of Risk: By booking or participating in any experience listed on the Platform, you acknowledge that you have read the listing description, including all stated hazards and safety warnings, and that you voluntarily assume all physical risks associated with the location or experience. MidnightQuest strongly recommends that you:
- ·Always inform a trusted contact of your planned location, route, and expected return time before departing.
- ·Check current weather, terrain, and access conditions before visiting any outdoor or remote site.
- ·Carry appropriate equipment including adequate lighting, first aid supplies, navigation tools, and communication devices.
- ·Never explore abandoned structures, underground locations, or remote terrain alone.
- ·Respect all physical barriers, warning signs, closure notices, and instructions from property owners or emergency services.
- ·Consult a medical professional before participating in strenuous or high-intensity exploration activities.
- ·Carry the European emergency number (112) and know how to describe your location.
No Liability for Physical Harm: To the maximum extent permitted by applicable law, MidnightQuest is not responsible and shall have no liability for any personal injury, illness, disability, or death arising from your attendance at or participation in any location or experience listed on the Platform. This limitation applies regardless of the cause, including but not limited to host negligence, structural failure, environmental hazards, or the actions of third parties. Physical attendance at any location is entirely at your own risk.
Section 9
Host Waiver and Indemnification
By listing a property, experience, or guided tour on MidnightQuest, hosts accept the following obligations with respect to guest safety and liability:
- ·Disclosure of Known Risks: Hosts must clearly and accurately disclose all known physical risks, hazards, access restrictions, and safety considerations associated with their listing. Failure to disclose known hazards that result in guest injury may expose hosts to civil liability.
- ·Compliance with Safety Standards: Hosts are responsible for ensuring that their listed properties and experiences meet all applicable health, safety, and building regulations under Czech and EU law. MidnightQuest does not inspect properties and makes no warranty as to their safety.
- ·Waiver Collection: For high-risk experiences (including but not limited to underground exploration, structural access, night expeditions, and remote terrain activities), hosts are strongly recommended to obtain a signed liability waiver from each guest prior to the experience. MidnightQuest may make waiver templates available but is not responsible for the adequacy of any waiver under local law.
- ·Insurance: Hosts are strongly advised to hold appropriate public liability insurance for their listed properties and experiences. MidnightQuest does not provide insurance coverage for hosts or guests and accepts no liability for uninsured losses.
- ·Indemnification of MidnightQuest: Hosts agree to indemnify, defend, and hold harmless MidnightQuest, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) any guest claim relating to the host's listing; (b) the host's negligence or wilful misconduct; (c) the host's breach of these Terms; or (d) any failure to comply with applicable law in connection with the listing.
- ·MidnightQuest Not Liable for Host Negligence: MidnightQuest acts solely as a platform facilitating the connection between hosts and guests. We are not a party to the accommodation or experience contract between host and guest, and we are not liable for the acts or omissions of hosts, including negligent acts that result in guest harm.
Section 10
Bookings and Payments
All bookings made through the Platform are subject to the following terms:
- ·Booking Request: Submitting a booking request does not guarantee a confirmed booking. Bookings begin in "pending" status and require host confirmation or automatic approval depending on the listing settings.
- ·Payment: Full payment is collected at the time of booking confirmation. Payments are processed securely through our payment partner (Stripe). MidnightQuest does not store card details.
- ·Platform Fee: MidnightQuest charges a 10% platform service fee on the total accommodation amount (excluding cleaning fees). This fee is non-refundable except in the circumstances described in Section 8.
- ·Pricing: All prices displayed on the Platform are in euros (EUR) unless otherwise stated. The total price shown at checkout (including nightly rate × nights, cleaning fee, and platform fee) is the amount charged.
- ·Taxes: Prices shown may not include local accommodation taxes (e.g. city taxes). Guests are responsible for any such taxes required by local law. Hosts are responsible for their own income tax obligations.
- ·Host Payout: Hosts receive 90% of the accommodation subtotal (nightly rate × nights + cleaning fee), paid out according to our payout schedule. Payouts are typically released 24 hours after guest check-in.
Section 11
Cancellation Policy
MidnightQuest operates a Flexible Cancellation Policy as the default for all listings unless the host specifies otherwise:
| Cancellation Timing | Refund |
|---|---|
| More than 48 hours before check-in | Full refund of accommodation cost (platform fee non-refundable) |
| Less than 48 hours before check-in | No refund |
| Within 24 hours of booking (if check-in is more than 7 days away) | Full refund including platform fee |
| No-show (guest fails to check in) | No refund |
Host-initiated cancellations: If a host cancels a confirmed booking, the guest will receive a full refund including the platform fee. Hosts who cancel confirmed bookings without valid cause may be subject to penalties and listing removal.
Extenuating Circumstances: In cases of documented force majeure (natural disaster, government travel bans, medical emergency with documentation), MidnightQuest may, at its discretion, issue full refunds outside of the standard policy. Contact support@midnightquest.app within 24 hours of the event.
Section 12
Limitation of Liability
Important Notice
MidnightQuest facilitates access to unusual, non-conventional, and potentially hazardous locations and accommodations. Please read this section carefully.
Assumption of Risk: You acknowledge that exploring unusual locations, staying in non-conventional accommodations, and participating in mystery travel activities involves inherent risks, including but not limited to: structural hazards, difficult terrain, adverse weather conditions, limited emergency access, and unusual environmental conditions. You accept all such risks voluntarily and at your own accord.
Platform Liability: To the maximum extent permitted by applicable law, MidnightQuest, its directors, officers, employees, agents, and affiliates shall not be liable for:
- ·Any personal injury, death, property damage, or other harm arising from your use of the Platform or your visit to any location or stay listed on the Platform.
- ·The accuracy, safety, legality, or quality of any listing, location, or accommodation.
- ·Any direct, indirect, incidental, special, consequential, or exemplary damages arising from use of the Platform.
- ·Loss of data, loss of profits, or business interruption.
- ·Actions or omissions of hosts, guests, or third parties.
Cap on Liability: Where liability cannot be excluded by law, MidnightQuest's total aggregate liability to you for any claim arising out of or in connection with these Terms shall not exceed the total fees paid by you to MidnightQuest in the twelve (12) months preceding the claim.
Indemnification: You agree to indemnify and hold MidnightQuest harmless from any claims, damages, losses, and expenses (including legal fees) arising from your violation of these Terms, your use of the Platform, or your stay at or visit to any location.
Section 13
Intellectual Property
All content on the Platform — including but not limited to the MidnightQuest name and logo, platform design, gamification system, original text, graphics, and software — is owned by or licensed to MidnightQuest and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.
User Content: By submitting content to the Platform (including reviews, photographs, check-in notes, and location descriptions), you grant MidnightQuest a non-exclusive, worldwide, royalty-free licence to use, display, reproduce, and distribute that content for the purposes of operating and promoting the Platform. You retain ownership of your content and warrant that you have the right to grant this licence.
You agree not to submit content that infringes the intellectual property rights of any third party. We will respond to valid DMCA notices and take down infringing content. To submit a notice, contact legal@midnightquest.app.
Section 14
Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Czech data protection law. As a user, you have rights including access to your data, correction, erasure, portability, and the right to object to processing. Details are set out in our Privacy Policy.
For all privacy-related requests or enquiries, contact our Data Protection Officer at privacy@midnightquest.app.
Section 15
Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Dispute Resolution: We encourage you to contact us first at legal@midnightquest.app to attempt to resolve any dispute informally. If a resolution cannot be reached within 30 days, any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Prague, Czech Republic.
EU Consumers: If you are an EU consumer, you may also be entitled to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
Section 16
Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify registered users of material changes by email or prominent notice on the Platform at least 14 days before the changes take effect.
Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and may request account deletion.
The date at the top of these Terms indicates when they were last updated. We recommend reviewing these Terms periodically.
Section 17
Contact Information
For all legal enquiries, DMCA notices, or questions relating to these Terms, please contact:
MidnightQuest s.r.o.
Czech Republic
Legal: legal@midnightquest.app
Support: support@midnightquest.app
Privacy / DPO: privacy@midnightquest.app