Terms & Conditions of Use – Explore-Share.com

Scope

Access to the website www.explore-share.com (the “Website“) run by Explore-Share S.A, rue de la Faloise 11, 6840 Neufchâteau, Belgium.(“E&S“) and its use are subject to the prior acceptance of these general terms and conditions of use (the “Terms and Conditions“). By visiting the Website or using the information contained in it, the user (the “User“) automatically accepts the Terms and Conditions. E&S can modify the Terms and Conditions at any time without any prior notice.

The Terms and Conditions do not apply to the agreement on a tour (the “Guide Agreement“) to be entered into between the User and a guide or any other touristic service provider (the “Guide(s)“), operation which is facilitated by the Website.

E&S shall never be understood as a tour operator, a travel agency or a touristic service provider and is not subject to the application of the Belgian law of 16 February 1994 governing organized travel contracts and travel agency contracts.

Services provided by E&S

E&S facilitates the User to book a Guide through the Website. The focus is on helping the User to find and to facilitate booking an independent Guide for outdoor recreation (the “Tours“) through a set of questions in order to structure the request to the Guide. E&S itself does not offer any guide, tour or touristic services.

Guides who are listed on the Website offer Tours that they have designed themselves. Guides can also offer their services for Tours tailored to the wishes of the User.

The Guide Agreement shall be formed solely between the Guide and the User as follows:

  • The User can send a request for a Tour to a Guide listed on the Website subject to the express acceptance of the present Terms and Conditions. During the process of sending the request, the User will have to answer some questions in order for the Guide to get the necessary information to process it; 
  • The Guide who receives the request from the User shall, either make a formal offer based on this request, or make a formal offer with amendments to the request based on the price and the Tour which is displayed on his/her Tour’s page listed under his/her page on the Website, or decline the request ; 
  • The offer is sent to the User together with the Guide’s general terms and conditions, if any; 
  • The Guide Agreement is formed once the User accepts the offer and the Guide’s general terms and conditions. Any variations to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing by the User. Without payment by the User within a period of 30 days as from the conclusion of the Guide Agreement, the Guide Agreement will be automatically cancelled without any notification; 

In order to pay the Guide, a payment solution called Mangopay, which is a secured payment solution, is put at the disposal of the User (we encourage the User to read the terms & conditions of use of the Electronic Money offered by Mangopay on the following link). Those terms & conditions of use establish the conditions under which Mangopay will provide the User with a mean to pay the Guide. Once the User decides to book a Tour, he/she agrees to use electronic money issued by Mangopay and to be bound by the general terms & vonditions. E&S does not receive any payments itself nor is it a middleman regarding the payments. E&S cannot be held liable in any way for problems that could arise in the course of the payment procedure and cannot guarantee the correct working of the payment procedure.

To carry out the said transaction, the User must open an account on the website (by providing information and send the documents requested by Mangopay) and place a money transfer order. The User is solely responsible for the Use of his account and has to keep it strictly confidential. The User completes the relevant form that includes the following components: the amount of the transaction, the currency, the details required to identify the Guide, the date of execution of the order and any other information requested. The User will receive a confirmation email on a date referred to as the “date of receipt”.

The electronic money is stored for an indefinite duration on the wallet of the User and sent to the Guide’s wallet at the latest 30 days before the departure. The Guide should open an account to be credited by the User. The funds corresponding to electronic money can be directly reimbursed to a bank account or a payment account opened in the name of the Guide (he must provide Mangopay the relevant account details).

In order to avoid money laundering or the financing of terrorism, Users who exceed the limit of 2500 Euros per year, or Users living in a country that is grey-listed by Mangopay will be asked to send a copy of their ID and a proof of residence (which is less than 3 months old).

The collected funds are protected against any claims from other creditors of Mangopay and are deposited at the end of each business day into an account opened with a bank and are ring-fenced by the bank. Mangopay is a secured solution authorized to collect third-party payments and licensed in Luxembourg by the Financial Sector Supervisory Commission. If any problem should occur, the User can always contact Mangopay on the following address: legal@mangopay.com or get in touch with the team on this phone number: +44 20 8068 0070.

The utilization of the Mangopay system by the User will be invoiced by Mangopay to the User (the “Fees“).

Based on the Guide Agreement, the User will have the possibility to cancel the Tour in accordance with the following indemnity scheme (refunded or to be paid depending on whether payment were made and received):

  • 100% refunded (or 0% paid) if the cancellation is notified in writing by email to the Guide up to 60 days before the first day of the Tour (minus the Fees); 
  • 75% refunded (or 25% paid) if the cancellation is notified in writing by email to the Guide between 59 and 30 days before the first day of the Tour (minus the Fees); 
  • 50% refunded (or 50% paid) if the cancellation is notified in writing by email to the Guide between 29 and 21 days before the first day of the Tour (minus the Fees); 
  • 0% refunded (or 100% paid) if the cancellation is notified in writing by email to the Guide less than 21 days before the first day of the Tour (minus the Fees);

E&S gives the User the opportunity to post a review (text/photo) about his/her Tour on the Website. The review must be written in a fair and objective manner and should contain information that is helpful to other Users. E&S reserves the right for any reason in its sole discretion to remove without notice any User’s review.

User accepts that his/her contractual relationship with E&S will be conducted in English.

Obligations of the User

User must enter truthful data when requesting for a Guide.

Only Users who are of age in accordance with the legal regulations applicable to them may request to facilitate booking a Guide on the Website. In individual cases, E&S may ask User to provide proof of his/her date of birth.

User is solely responsible for ensuring that his/her travel documents, including passports and visas, are in order for the Tour he/she intends to book. For passport and visa requirements, User shall consult the relevant embassy or consulate for information.

User is also solely responsible for ensuring that he/she is healthy, physically fit enough and with a suitable level of proficiency to complete the Tour he/she intends to book.

User shall be aware that he/she needs the adequate and necessary equipment (defined in coordination with the Guide) for a Tour considering the potential risks he/she is exposed to (sudden changes in the weather, falling rocks, precipices, crevasses, avalanches, etc.)

User shall obtain an appropriate insurance policy which covers the relevant risks in relation to the Guide Agreement. In case of doubts, User shall discuss this with the Guide to make sure he/she will be covered for the Tour.

The User shall notify E&S of any cancellation of a Guide Agreement, regardless of who cancelled the Guide Agreement (the User or the Guide).

Ratings

User shall have the possibility to rate the Tour and the Guide after its completion. The rating can be viewed by the other Users.

User shall be obliged to provide only truthful and objective details in his/her ratings and shall refrain from making offensive remarks.

E&S does not edit or control the User messages posted to the Website and will not be in any way responsible for such User messages. E&S nevertheless reserves the right for any reason in its sole discretion to remove any User messages without notice.

Exclusions and limitations of liabilities

The Guide is solely and exclusively responsible for preparing and running the Tours properly. The role of E&S is limited to facilitating the User to book a Guide through the Website. E&S will have no liability with respect to the proper execution of the Guide Agreement nor with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Guide or for any personal injuries, death, property damage, or other damages or expenses resulting from the interactions the User will have with the Guide and from the Guide Agreement. E&S will have no liability in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control.

The information on the Website has been put together in good faith by E&S. If this information were however to be incomplete or contain errors, E&S can in no way be held liable. Furthermore, E&S cannot be held liable for potential direct or indirect damage, of any nature whatsoever, which is the consequence of or relates to the use of or access to the Website or which is the consequence of or relates to the material, information, evaluations or recommendations indicated on the Website.

E&S cannot be held liable for potential direct or indirect damage, of any nature whatsoever, arising from the interruption of the use, or the inability to access, the Website.

In the unlikely event that E&S is found liable for any loss or damage that arises out of or is in any way connected with the use of the Website or the service provided by E&S or related to the Guide Agreement, its liability will not exceed the greater of two hundred euros (EUR 200.00). In any event, E&S’ liability for material damage and the compensation for loss of enjoyment of the Tour are jointly limited to twice the price of the Tour.

Remuneration

The User shall not owe E&S any remuneration for the use of the Website and for the service provided by E&S.

Intellectual property rights

The material which is presented on the Website, including but not limited to texts, pictures, images, logos, clips, registered trademarks, data as well as their combination or compilation, are the physical and intellectual property of E&S or of third parties with which E&S has entered into license agreements or other agreements. This material may be protected by copyright, trademark rights or other laws related to intellectual property. It is not authorized to copy, send, distribute, broadcast, sell, publish, issue, arrange or modify the material of the Website, in whole or in part. If User wishes to reproduce it or communicate it to the public, he/she must then have the express written authorization of E&S.

Rights of use

By submitting content – in particular texts, photographs, graphics, etc. – to the Website, the User grants E&S a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, and for any purpose.

The User pledges to E&S that he/she has the required rights to grant this rights of use in accordance with the present article and that E&S does not infringe any rights of third parties by using this content. The User shall indemnify E&S against such claims by third parties.

Data protection

If he/she wants to use the services provided on the Website, the User may be asked to provide some personal data, such as his/her first and last name, address, e-mail address, telephone number, mobile number, date of birth, language, and a copy of his/her identity card, and other data whatsoever which is needed to deliver the service, such as specific preferences and requirements related to the Tour.

E&S processes these personal data for the purposes of (i) allowing User to access and use the functionalities of the Website, and (ii) market research, advertisement, or direct marketing and more generally to allow E&S to communicate with the User and keep him/her informed of any other operation initiated by itself that may be of interest for the User.

Except in cases where the communication of personal data to a third party company is required to achieve the above mentioned purposes, Explore-Share shall refrain from divulging, selling, leasing or exchanging the personal data to any company or entity other than a company or entity affiliated to Explore-Share, without the prior explicit approval of the User.

According to the applicable legal provisions, the User can receive insight or ask for modification of his/her personal information that is being processed by E&S, by e-mail to info@explore-share.com. The User can also object to the utilization of his/her personal information in direct marketing activities, by submitting a corresponding request to E&S.

Cookies

Cookies are small text files that are placed on the computer or mobile device of the User when he/she visits a web page. The next time the User visit the same web page, the information contained in this file may be sent to this website, so that it can recognise the User’s computer or mobile device.

E&S use cookies to measure the number of visitors to the Website. If the User does not want E&S to use cookies, the User will have the possibility to turn off cookies in his/her browser. Turning off cookies may limit the use of the Website.

Claims & Questions

At any time, User will have the possibility to ask for help to the E&S team by using the following email address : info@explore-share.com

Final provisions

The invalidity or illegality of a provision in the Terms and Conditions shall not affect the other provisions in the Terms and Conditions. E&S and User will agree on a new provision with the same purpose, on the condition that the spirit and purport of the Terms and Conditions is affected as little as possible. Provisions of the Terms and Conditions are severable, so that the remainder of the provisions are unaffected.

The Agreement shall be governed by and construed in accordance with the laws of Belgium. The User does not have a right of withdrawal, with regards to the Guide Agreement, in conformity with art. VI.53.12° of the Belgian Code of economic law.

The United Nations Convention on Contracts for the International Sale of goods does not apply.

Disputes between the parties which could not be resolved amicably, will be adjudicated exclusively by the competent court in Brussels, Belgium.

Date of these Terms and Conditions of Use: June 6th, 2017