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Terms & Conditions of Use



Welcome to the E&S Website. Through this Website, E&S has developed a Platform on which Users can, at their request, be put into relation with experienced and certified Guides for the purpose of brokering Tour Agreements between Users and Guides. 

The Website and Platform are owned and operated by E&S, i.e., the company incorporated under Belgian law named Explore and Share SA with company registration number 545.923.423. Our registered office is located in 6840 Neufchâteau (Belgium), rue de la Faloise 11. In case of queries or issues with our Services, Users can reach us by phone during normal office hours at +32 (0) 477 91 08 53, by e-mail at info@explore-share.com.

These UTCs contain the terms and conditions of use of E&S’ Website, Platform and Services.

The access to and use of the Website, Platform and Services is free of charge for the User, except for the Booking, Credit Card and Admin Fees as provided under Clause 8 below. These fees are payable only after the User accepts a Guide’s Quote in accordance with the provisions of these UTCs and/or in case of cancellation of a Tour. Accordingly, since the Services are payable after having been effectively provided to the User, the User accepts and agrees that, save for the contractual 48-hour withdrawal right provided in these UTCs, he has no legal right to retract from the Services in accordance with Article VI.53 of the Belgian Code of Economic Law. 

By booking a Tour on the Platform, the User will, as a general rule, not enter into a legal relationship (whether contractual or other) with E&S regarding the performance of the Tour. E&S only acts as an intermediary between the Users and the Guides. E&S will therefore not be a party to (and will not be responsible for the performance of) any Tour Agreement brokered through the Platform.

As an exception to this general rule, a User may enjoy the specific rights mentioned under Clause 11 below if (and only if):

  • The Tour booked through the Platform qualifies as a “package” or as “linked travel arrangements” in the sense of the Directive; and
  • The Directive applies territorially.

In the cases where the parties to a Tour Agreement decide to resort to payment solutions put at their disposal on the Platform and those solutions result in payments being made to E&S (acting as the Guide’s collection agent), E&S holds and maintains an insurance policy covering a bankruptcy event affecting E&S, against which the User may claim any refund E&S would be incapable of providing.

1. Definitions and Interpretation

1.1 Definitions. In these UTCs (including their introduction), the following capitalized words and phrases shall have the meaning ascribed to them under this Clause 1.1:

Applicable Law: All laws or regulations that apply from time to time to the activities contemplated under these UTCs. Where relevant, Applicable Law may include the Directive. 

Admin Fee: Means the administrative fee charged to the User by E&S in case of cancellation of a Tour Agreement, as provided under Clause 8.3.

Booking Fee: Means the booking fee charged to the User by E&S in accordance with Clause 8.1.

Clause: A clause of the UTCs, unless expressly specified otherwise.

Credit Card Fee: Means the credit card payment fee charged to the User by E&S in accordance with Clause 8.2.

Directive : Directive EU 2015/2302 of 25 November 2015 on package travel and linked travel arrangements, together with any national transposition thereof, as applicable in any relevant Member State.

E&S: Explore and Share SA, a company incorporated under Belgian law, with registered offices in 6840 Neufchâteau (Belgium), rue de la Faloise 11 and with company registration number 545.923.423.

Guide: The certified guides promoting Tours on the Platform. 

Platform: The online brokering tool accessible through the Website, on which the User is able to browse Tours offered by Guides. 

Quote: A firm offer for sale made by the Guide pursuant to a Request from a User. Such Quote must be in writing and contain all information required under Applicable Law.

Request: Any request for information or for a booking made by a User in relation to a Tour.

Services: The services contemplated under Clause 3.

Tour: Any service for guided tours offered by a Guide on the Platform. Tours include “standard” tours proposed on the Platform and any bespoke tours organized by the Guide after consultation with the User.

Tour Agreement: The agreement between the User and the Guide resulting from the acceptance of a Quote by the User and the payment by the User of a (deposit on) the Tour Price, as provided in the relevant Quote.

Tour Price: The total price, including any taxes, levies or duties due under Applicable Law (such as tourist taxes, sales tax, etc.). For the avoidance of doubt, the Tour Price is exclusive of any Booking, Credit Card or Admin Fees.

User: Means a user of the Platform who is interested in purchasing a Tour.

UTCs: These User Terms and Conditions. 

Website: www.explore-share.com and any sub-page or domain.

1.2 Rules of interpretation. In the UTCs:

1.2.1 Headings are for convenience only. They have no influence on the construction or interpretation of the UTCs.

1.2.2 Words or phrases used in the plural form include the singular and vice versa. Any gendered term or phrase includes all other genders.

1.2 .3 The phrases “such as”, “including” or similar phrases or expressions must be understood as introducing a non-exhaustive list of items and must be read as including the phrase “but not limited to”.

1.2.4 Any Clause containing an obligation to refrain from doing something or taking any action includes obligations (i) to not cause such thing to be done or such action to be taken by others and (ii) to deploy one’s best efforts to prevent others from doing such thing or taking such action.

2. Scope

2.1 Subject matter. These UTCs set out the terms and conditions of use of the Services, the Website and the Platform by the User, as well as the terms and conditions under which Tours can be booked (and result in the User entering into a Tour Agreement).

2.2 Acceptance by User. By the mere fact of using the Services, the Platform or the Website, the User accepts the application of the UTCs. Notwithstanding the foregoing, E&S is entitled to require from time to time, as a condition precedent to the (further) use of the Platform or the Website, that the User would expressly confirm his acceptance of the UTCs, including by “tick-the-box” solutions.

2.3 No other terms or conditions. These UTCs are exclusive of any other contractual documentation in relation to the use of the Services, unless specifically accepted in writing by E&S. The User is hereby made aware that the Tour Agreements may comprise other terms and conditions as negotiated with the Guide.

3. Services

3.1 Brokering service. E&S offers a brokering service through the Platform available on the Website, on which certified Guides are able to offer Tours for sale to the Users. E&S’ brokering service includes facilitating communications and the booking process between the Guide and the User through tools such as a built-in chatbox, videoconferencing, e-mails, etc. As a part of this Service, E&S can be contacted by the User to obtain assistance and advice in his search for a Tour.

3.2 Payment Services. E&S puts an optional payment service at the User’s disposal by which, subject to the relevant Guide’s agreement, the User can validly effect payments due under a Tour Agreement. The User is aware that these payment services may be provided by third parties (such as Paypal, credit card companies or other payment service providers) and that they may therefore be subject to additional terms and conditions and costs.

3.3 Collection of User feedback. The User is entitled to submit and post reviews and feedback on Guides and Tours he has booked and participated in. The User agrees that any such feedback can be shared with the relevant Guide and/or published on the Platform. The User grants full rights of use of his feedback to E&S for commercial purposes.

3.4 Point of contact. E&S’ contact details as provided in these UTCs can be used at all times by the User in order to contact the Guide. E&S will deploy commercially reasonable efforts to facilitate communications between the User and the Guides.

3.5 E&S’ obligations in performance of the Services. Save for the obligation to forward to the Guide any payments received on his behalf, E&S’ obligations in performing the Services are, to the fullest extent permitted under Applicable Law, best efforts obligations. E&S shall incur no liability for any delay or breach of these UTCs unless the User demonstrates that E&S has dedicated insufficient commercial resources or efforts reasonably required to perform the Services in accordance with the UTCs.

3.6 Continuity of Services. The User acknowledges that the provision of the Services is contingent upon E&S being and remaining properly supplied by several service and utility providers. E&S cannot therefore guarantee that the Services will be available without interruption or on an error-free basis. If and when the Services are interrupted due to events not attributable to E&S (such as power outage, internet failure, payment services downtime, etc.…), the only obligation of E&S shall be to provide the User, to the best of its abilities, with information about such interruption of the Services and the estimated duration of such interruption. E&S shall not be liable for any damage suffered by the User in respect of such an interruption.

3.7 Discontinuance. E&S is constantly changing and improving the Services. E&S may add to or remove functionalities or features from the Website or the Platform which may result in the suspension or discontinuance of a Service.

4. Terms of Use

4.1. Adult Users. Browsing the Website and Platform is unrestricted. However, only adult Users with full capacity of entering into legally binding relationships are authorized to book a Tour.

4.2. Truthfulness of information provided by User. At any stage in the booking process, Users may be requested by E&S or by the relevant Guide, whether punctually or by way of online forms to be filled in, to provide certain information, including personal data (which, if provided to E&S, shall then be processed in accordance with Clause 11). The User may refuse to provide such information, but this may result in E&S suspending any Services to the User or in the inability of the User to use all features of the Services. The User guarantees that any information provided to E&S or the Guide is truthful, not misleading and complete. 

4.3. Free of charge. The use of the Services is free of charge, save for possible Booking, Credit Card or Admin Fees as provided under Clause 8 or fees charged by third parties, such as costs for the internet access plans required to access the Website and the Platform, credit card company fees, etc.

4.4. Purpose. The purpose of the Website and the Platform is to enable E&S to provide the Services to the User. 

4.5. Content only informative. Any content made available on the Platform (including content created by E&S) is only informative. Binding information in relation to any Tour will be provided by the Guide in his Quote.

4.6. Restrictions. The User may not:

4.6.1. Use the Website and/or the Platform for any other purpose than those enumerated under Clause 4.4 above. 

4.6.2. Use the Website and/or the Platform where such use (1) violates any Applicable Law or regulation; (2) violates or is detrimental to the rights or interests of E&S (including intellectual property rights), other Users and/or third parties (including Guides); (3) interferes with or otherwise harms the use and/or effective functioning of the Website and/or of the Platform; (4) provides Users with (unauthorized) access to personal data of other Users or employees or business partners of E&S or otherwise amounts to hacking or other forms of prohibited virtual behavior.

4.6.3. Use the Website and/or the Platform for commercial or resale purposes.

4.7. User Ban. E&S reserves the right at all times to carry out any investigation to identify breaches of this Clause, and to take all action deemed necessary to prevent and/or terminate any unauthorized use of the Website and/or the Platform (including permanently or temporarily banning the User from further use of the Website and/or the Platform if it deems fit to do so).

4.8. Links to third-party websites. The Website or the Platform may contain links and/or references to the websites of third parties, which have their own terms of use. Where present, these links and references are made available to enable users to quickly and easily consult additional services provided by these third parties. E&S is not responsible for the content and/or quality of the websites referred to, and it does not endorse their content. The access to and use of these websites is not subject to these UTCs, but to the terms and conditions of the concerned third parties.

5. Tour Bookings

5.1. Request. If interested in a Tour offered on the Platform or in a bespoke Tour discussed with a Guide, the User must address a formal Request to either E&S or the Guide (as the case may be). Such Request must contain at least the following information:

5.1.1. The User’s identity and contact information;

5.1.2. The User’s billing address;

5.1.3. A reference to or a description of the desired Tour;

5.1.4. The desired Tour dates.

5.2. Withdrawal. The User is entitled to withdraw his Request at no cost at any stage prior to entering into a Tour Agreement. Cancellation of a concluded Tour Agreement is subject to the terms of Clause 7. 

5.3. Guide response. The Guide is entitled to (i) accept a Request, (ii) modify a Request regarding availability and price, (iii) to decline a Request or (iv) to engage with the User in order to obtain or provide further information. Acceptation of a Request by the Guide occurs when the Guide issues a Quote.

5.4. Quote. Upon acceptance of his Request by the Guide, the User will be provided with a Quote setting out the terms and conditions of the prospective Tour Agreement, including the Tour Price. The User is entitled to accept or reject the Quote without additional costs.

5.5. Third-Party Services. For the User's convenience, the Guide may offer the option to prepay for services provided by third parties. The prices provided for these third-party services in a Quote are only indicative. In the event of any increase or decrease between the indicative price provided in the Quote and the actual price on the day the service is rendered, the User agrees to pay the difference or receive reimbursement accordingly. 

5.6. Tour Agreement. Acceptance of the Quote is subject to the User paying the (deposit on) the Tour Price as provided and in accordance with the payment instructions provided in the Quote. Only upon receipt of such payment by the Guide (or by E&S on behalf of the Guide) will a Tour Agreement be formed between the User and the Guide. The Guide (or E&S on behalf of the Guide) will issue a booking confirmation containing an electronic copy of the accepted Quote and confirmation of receipt of the User’s payment as soon as practically possible. Save for any additional information or documentation required by law, the Tour Agreement’s terms consist of the Quote.

6. Payment

6.1. Payments due to Guide. The Guide is responsible for invoicing any amounts due under a Tour Agreement to the User. Save for contrary provisions in the Tour Agreement, the User will be able to pay any amount due to the Guide under a Tour Agreement as follows:

6.1.1. Wire transfer into E&S account (acting as the Guide’s collection agent);

6.1.2. Online payment solutions as established in https://www.explore-share.com/faq/ "How can I pay for my trip?".

6.1.3. Wire transfer into the Guide´s account;

6.2. Exchange costs. The Tour Price may be increased with exchange costs where it is paid in a currency other than the Tour Agreement currency. These costs are payable by the User.

7. Cancellation

7.1. Default terms. The provisions of this Clause 7 are standard cancellation terms that will be reflected in the Tour Agreement, unless the Guide and the User expressly agree on different cancellation terms, in which case these different terms shall apply. The provisions of this Clause 7 are only applicable for one postponed or rescheduled Tour. If a Tour is postponed or rescheduled pursuant to Clause 7.4 to 7.7, the new Tour scheduled by the User and the Guide (or another Guide) will not benefit from the cancellation and postponement provisions of this Clause 7. 

Contractual right of withdrawal. The User has the right to withdraw from an accepted Tour Agreement within 48 hours of the acceptance of a Quote, if (and only if) the relevant Quote has been accepted at least 30 days before the Tour departure date. Such withdrawal must be notified by e-mail (and only by e-mail) to the Guide and E&S. The User does not need to justify his decision. Withdrawing from the Tour Agreement in accordance with this Clause 7.2 comes at no cost and the User will be fully refunded of any payments made in relation to the Tour (including Booking and Credit Card Fees, if applicable).

7.2. Cancellation by User. The User is entitled to cancel a Tour by e-mail (and only by e-mail) addressed to the Guide and E&S, at the following conditions:

7.2.1. 100% (a hundred per cent) of the Tour Price will be refunded by the Guide if the cancellation is notified up to 60 (sixty) days before the start of the Tour;

7.2.2. 75% (seventy-five per cent) of the Tour Price will be refunded by the Guide if the cancellation is notified between 59 (fifty-nine) and 30 (thirty) days before the start of the Tour;

7.2.3. 50% (fifty per cent) of the Tour Price will be refunded by the Guide if the cancellation refunded if the cancellation is notified between 29 (twenty-nine) and 21 (twenty-one) days before the start of the Tour;

7.2.4. 0% (zero per cent) of the Tour Price will be refunded if the cancellation is notified in writing by email to the Guide less than 21 (twenty-one) days before the first day of the Tour;

7.2.5. 0 % (zero per cent) of the Tour Price will be refunded if the cancellation concerns a Tour that was postponed or rescheduled under Clauses 7.4 to 7.7 below. 

If, in any of the above situations, the Guide demonstrates that he has incurred unrecoupable costs for the performance of the Tour and these costs are not covered by the non-refunded part of the Tour Price, the Guide shall be entitled to invoice these costs to the User.

For the avoidance of doubt, only the Tour Price shall be refunded under this Clause 7.3, to the exclusion of any Booking Fee, Credit Card Fee and/or Admin Fee. Such refund shall occur in the Guide’s local currency.

7.3. Cancellation due to User. The User is solely responsible to abide by the obligations set out under Clause 9.2 and, more generally, to procure any services or goods necessary to perform the Tour that are not included in the Tour Agreement. If the Tour Agreement cannot be performed or must be interrupted due to the User’s failure to abide by these obligations, or due to such services or goods being unavailable (e.g.: cancelled flights) this shall be deemed to amount to a cancellation of the Tour by the User and Clause 7.3 will apply.

7.4. Cancellation by the Guide for personal reasons. Unless agreed otherwise in the Tour Agreement, if, prior to the start of the Tour, the Guide cancels the Tour for personal reasons, the following procedure will apply:

7.4.1. The Guide will inform E&S and the User as fast as possible by e-mail; and

7.4.2. The Guide will either propose:

  • to be replaced by another guide with at least equivalent certification for the performance of the Tour;
  • to postpone the Tour until a later date; or
  • to cancel the Tour.

7.4.3. In the case where the Guide cancels or the Guide proposes a postponement or substitution by another Guide and the User refuses such proposal, then the User shall receive a full refund of the Tour Price and E&S shall refund the Booking Fee and the Credit Card Fee to the User.

7.5. Cancellation in case of external circumstances. Unless agreed otherwise in the Tour Agreement, in exceptional circumstances which occur before the beginning of the Tour, the following procedure will apply:

7.5.1. The Guide will inform E&S and the User as fast as possible by e-mail; and

7.5.2. The Guide will propose either: 

  • an alternative Tour similar to the initial Tour on the same date; or
  • to postpone the Tour to a later date; or
  • to cancel the Tour.

7.5.3. In the case where Guide proposes an alternative Tour, the non-acceptance of this alternative Tour will be deemed to be a cancellation by User and the refund schedule provided under Clause 7.4 will apply. 

7.5.4. If the Guide decides to cancel the Tour due to these external circumstances, then the Guide will be entitled to keep 50% of the Tour Price.

7.6. Exceptional circumstances. Where exceptional circumstances occur during the performance of the Tour and this requires all or part of the Tour to be canceled, the Guide is entitled to keep 100% of the Tour Price. “Exceptional circumstances” under this Clause 7.6 include bad weather, unavailability of transportation or other services, and any other external factor that, in the opinion of the Guide, make the performance of the Tour impossible or unsafe.

7.7. Credit Card chargeback in case of dispute by the User. All other refunds for the Tour, including any refunds made by the User's credit card company as a result of a claim made by the User through withdrawing amount from Explore-Share's account without the consent of E&S, are excluded. If the User receives a refund of the Tour Price through his credit card company by withdrawing amount from Explore-Share's account, the User shall be responsible for reimbursing E&S for the amount withdrawn.

8. E&S Fees

8.1. Booking Fee. The User agrees that, upon issuance of the booking confirmation mentioned under Clause 5.5, a non-refundable booking fee of 5 % of the Tour Price is due to E&S.

8.2. Credit Card Fees. The User agrees that, in case he elects to pay the Tour Price by credit card into E&S’ account, a Credit Card Fee of about 2.3 % of the Tour Price value is due to E&S.

8.3. Admin fee. The User agrees that, in case of cancellation of a Tour by the User under Clause 7.4, an Admin Fee of 3 % of the Tour Price is due to E&S.

8.4. Payment of fees. E&S will invoice the User for any fees due under this Clause 8. These invoices are payable within 5 days of issuance**.** The User accepts and agrees that E&S is entitled to retain payment of these fees by set off against any amount or refund due to the User under these UTCs or under the Tour Agreement.

9. Tour Performance

9.1. Save for any mandatory legal obligation of E&S to the contrary, E&S is not and will never be a party to and will not accept any responsibility or liability towards the Guide or the User regarding the performance of any Tour Agreement brokered between the Guide and the User.

9.2. The User is solely responsible for researching, obtaining and abiding by any specific travel regulation or restriction such as visa, sanitary, or insurance requirements. More generally, E&S provides no assurance that any Tour Agreement booked by the User will effectively be capable of being performed by the User or that the User will reach the required destination. Where applicable, the User is solely responsible for assessing whether the Tour Agreement matches his (and his travelling party’s) mountaineering (or other) skills and certifications or medical requirements. If, at any time, the Guide deems that the User’s (or any member of his travelling party) is unfit to perform the Tour safely, this shall be considered as a cancellation of the Tour by the User and Clause 7.4 shall apply.

9.3. The User is required to obtain specialized insurance coverage tailored to the Tour, such as coverage for high-altitude risks or extreme activity risks, if these risks are inherent to the Tour. 

9.4. The User shall be solely responsible for any medical fees incurred during the Tour.

10. Liability and Insurance

10.1. Limitation. To the fullest extent permitted under the law applicable to these UTCs: 

10.1.1. E&S disclaims any and all liability towards the User for indirect, immaterial or consequential damage. 

10.1.2. E&S’ liability towards the User for any damages not excluded under Clause 9.1.1 shall, on aggregate, be limited to the higher of (i) EUR 1,000 or (ii) the Tour Price.

10.2. Insolvency. In accordance with Applicable Law, E&S maintains insurance coverage against which the User will be able to claim any refund due to him and which remains unpaid due to a possible insolvency event affecting E&S.

11. Directive Rights

11.1. Scope. If the Tour Agreement qualifies as a “package” or as “linked travel arrangements” in the sense of the Directive, the User may have certain rights as provided under the Directive. This Clause 11 only applies to Tour Agreements that fall into the (material and territorial) scope of the Directive.

11.2. Standard Information. More information about the Directive and about the User’s specific rights under the Directive are available under this 01_2.pdf (fgov.be). The text of the Directive can be found under this EUR-Lex - 32015L2302 - EN - EUR-Lex (europa.eu). The text of the Belgian law implementing the Directive can be found under this 01_2.pdf (fgov.be).

11.3. Specific pre-contractual Information. The User will obtain all the pre-contractual information required under the Directive in the Quote. This information mainly includes details about the main characteristics of the Tour booked, contact details of the Guide (i.e., the organizer of the package), the Tour Price, visa requirements, cancellation, insurance, etc. 

11.4. E&S Retailer. If a Tour Agreement qualifies as a package or as linked travel arrangements, E&S will only act as a retailer (in the sense of the Directive) and will only assume obligations as such. The sole organizer of the package and/or the sole facilitator of the linked travel arrangements is the Guide. The User acknowledges that E&S requires from the Guides (including those Guides who operate outside of the EEA) that they comply with the standards set by the Directive so that, as a rule, E&S will not be liable for the performance of the Tour Agreement under the Directive.

11.5. UTCs remain in force insofar not contrary to Directive. If the Directive applies, these UTCs will remain into force and fully apply to the relationship between the User and E&S insofar not contrary to the provisions of the Directive, as if the specific obligations of E&S under the Directive were “Services” in the sense of these UTCs.

12. Personal Data

12.1. Collection of personal data. E&S is committed to protect the Users’ privacy. The type of personal data processed by E&S and the purpose of such processing are explained in E&S’ privacy policy available under this https://www.explore-share.com/privacy-policy/. The User consents to the collection and processing of his personal data in accordance with the privacy policy.

12.2. No transmission to third parties. Except in cases where the communication of personal data to a third-party company is required to achieve the purposes set out in the privacy policy or to perform the Services, E&S shall refrain from divulging, selling, leasing or exchanging the personal data to any company or entity other than a company or entity affiliated to E&S, without the prior explicit approval of the User.

12.3. Right of access. The User can receive insight or ask for modification or deletion of its personal information by e-mail to info@explore-share.com. The User can also opt out of any use of his/her personal information in direct marketing activities, by submitting a corresponding request to E&S.

12.4. Photographic material. The User acknowledges and agrees that the Guide may take photographs of the Tour's participants for advertising purposes on social media or the Guide's website, unless the User or other Tour’s participants explicitly express their wish not to have their pictures used for advertising.

13. Intellectual Property

13.1. All rights reserved to E&S. All intellectual property rights from, in and to the Website and/or the Platform and the content thereof, including inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, system scripts, graphics, photos, sounds, music, videos, (source and object code), files, interface and trade secrets and the like, whether or not registered and E&S trademarks, service marks and logos contained therein (collectively “Intellectual Property“), are solely owned by or licensed to E&S, and/or subject to copyright and other intellectual property rights under European, foreign laws and international conventions. Except as provided herein, the User is not granted, either expressly or by implication any license or right to use any of the Intellectual Property without the prior express written permission of E&S.

13.2. No license granted to User. Authorizing a User to access the Website and/or the Platform does not imply the waiver, transfer, licensing or full or partial assignment by E&S of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the E&S Website are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the E&S Website for public or commercial purposes are also prohibited, save with E&S’s express written authorization or, where applicable, that of the owner of the rights concerned.

13.3. Grant of license on published content. By submitting content - in particular texts, photographs, graphics, etc. - to the Website and/or the Platform, 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, unless otherwise agreed upon in writing. E&S may limit the use of such content in case the User requires it in writing.

13.4. No infringement. The User warrants to E&S to have required rights to grant the license provided under Clause 12.3 and that E&S will not infringe any rights of third parties by using this content. The Guide shall indemnify E&S against such claims by third parties.

14. Miscellaneous

14.1. Severability. The UTCs are severable. If any of the provisions of the UTCs are deemed null, void, or otherwise unenforceable by a competent authority, this will not affect the remainder of the UTCs and the Parties will renegotiate a lawful provision the effects of which are as close as possible to those of the nullified provisions of the UTCs.

14.2. No Waiver. No action or omission of E&S shall be construed as a waiver of any right or remedy available to E&S under the UTCs or by law. Any waiver of E&S shall only be valid in writing.

14.3. Variation. E&S reserves the right, at its discretion, to amend, vary or modify these UTCs from time to time. The revised Terms and Conditions will be effective as of the date of publication.

15. Applicable Law and Jurisdiction

15.1. Applicable law. The relation between E&S and the User (including any non-contractual elements) is entirely and exclusively subject to Belgian law.

15.2. Jurisdiction. Any and all disputes in relation to the relation between E&S and the User shall be adjudicated exclusively by the Courts of Brussels, Belgium.

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