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 (and Stripe), 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 & conditions. 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 (or Stripe)) 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 (or Stripe) 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 (or Stripe) 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 (or Stripe) 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: firstname.lastname@example.org or get in touch with the team on this phone number: +44 20 8068 0070.
The utilization of the Mangopay (or Stripe) system by the User will be invoiced by Mangopay (or Stripe) 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);
If bad weather or unsuitable conditions force the guide to cancel the trip, he or she will: a) propose a similar activity at a different place where conditions are better, or b) propose to postpone the activity until a later date, or c) cancel. If you refuse option a), the cancellation policy will apply. Please note, however, that the call to cancel a trip due to bad weather can only be made by the guide (not the client). Under exceptional circumstances the guide could however decide at his sole discretion to refund the client (minus the transaction fee).
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.