Access to the website www.explore-share.com (the “Website”) runned by ExploreShare 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 concluded between the User and a guide or a tour operator (the “Guide(s)”) through the Website.
E&S shall never be understood as a tour operator or a travel agency and therefore is not subject to the application of the Belgian law of 16 February 1994 governing organized travel contracts and travel agency contracts.
2. Services provided by E&S
E&S enables the User through the Website to book a Guide. The focus is on helping the User to find and to book 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 services.
Guides who are listed on the Website offer Tours that they have designed themselves and that they are legally authorized to hold. Guides can also offer their services for Tours tailored to the wishes of the User provided they are legally authorized to hold the requested Tour.
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 Tour’s page listed under his page on the Website, or decline the request;
- The offer is sent to the User together with the Guide’s general terms and conditions;
- The Guide Agreement will be formed once the User will accept the offer and the Guide’s general terms and conditions. Any variation 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, E&S puts at the disposal of the User a payment solution called Mangopay, which is a secured payment solution (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 on the Website, he agrees to use electronic money issued by Mangopay and to be bound by the terms & conditions of use from Mangopay.
To carry out such a 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 it’s 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 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 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 on 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 licenced 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 system by the User will be invoiced by Mangopay to the User (the “Fees”).
Based on the Guide Agreement, User will have the possibility to cancel the Tour and be refunded as follows:
- 100% refunded if the cancellation is noticed to the Guide up to 60 days before the departure (except the Fees).
- 75% refunded if the cancellation is noticed to the Guide between 59 and 30 days before the departure (except the Fees).
- 50% refunded if the cancellation is noticed to the Guide between 29 and 15 days before the departure (except the Fees).
- 0% refunded if the cancellation is noticed to the Guide less than 15 days before the departure.
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.
User accepts that his/her contractual relationship with E&S will be conducted in English.
3. 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 book a Guide on the Website. In individual cases, E&S may ask User to furnish 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 intends to book through the Website. For passport and visa requirements, User shall consult the relevant embassy or consulate for information.
User is also solely responsible for ensuring that he is healthy, physically fit enough and with a suitable level of proficiency to complete the Tour he intends to book through the Website.
User shall be aware that he needs the adequate and necessary equipment (defined in coordination with the Guide) for a Tour considering the potential risks he is exposed to (sudden changes in the weather, falling rocks, precipices, crevasses, avalanches, etc).
User shall conclude an insurance policy which cover the relevant risks in relation to the Guide Agreement concluded through the Website. In case of doubts, User shall discuss this with the Guide to make sure he will be covered for the Tour he is intended to book through the Website.
The User shall notify E&S of any cancellation of a Guide Agreement.
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 without notice any User messages.
5. Exclusions and limitations of liabilities
The Guide is solely and exclusively responsible for preparing and holding the Tour properly. E&S will have no liability 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. 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. Further, neither can E&S 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.
If 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, then E&S’s’liabilities will in no event exceed the greater of (a) the transaction fees paid by the Guide to E&S for the transaction(s) on the Website giving rise to the claim, or (b) two hundred euros (EUR 200.00).
The User shall not owe E&S any remuneration for the use of the Website and for the service provided by E&S on the Website.
7. Intellectual property rights
The material which is presented on the website, including but not limited to texts, pictures, images, logos, clips, registrated 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 all or in part. If User wishes to reproduce it or communicate it to the public, he must then have the express written authorization of E&S.
8. 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 pledge to E&S that he 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.
9. Data protection
If he 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 email to email@example.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 are small text files that are placed on the computer or mobile device of the User when he 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.
11. 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: firstname.lastname@example.org.
12. 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 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: March 21, 2017