Terms and Conditions For Customers

ExplorAll UG (HAFTUNGSBESCHRÄNKT) & Co. KG (“ExplorAll”) provides these Terms and Conditions (“Terms”) which will explain the rules and conditions for using www.explorall.com (“Website”). These Terms are divided into multiple parts in order to cover all groups, individuals or companies (“visitors”) separately. Visitors include the following categories;

  1. Any individual or group of individuals that initiated a booking process and shared personal data with ExplorAll (“Customer”)
  2. Any registered company or individual that uses the website to market activities and services (“Facilitator”)
  3. Any registered individual that commences in promoting ExplorAll and receiving commissions on a freelance basis (“Recruiter”)

Introduction

ExplorAll is the facilitating party to agreements between customers and facilitators of Leisure Activities (“Listings”) offered on the website. It will not be allowed to use our website for any other purpose as mentioned in these terms. Any listings for Tangible products, Logistics or Accommodations will be removed from the website.

By using our website, the visitors are automatically expected to have read these Terms and agree to follow the rules set in this document. These terms are written in English and all users are expected to have understood these terms in this language. If, for any reason, you do not agree or understand these terms then you are expected to leave this website immediately. These terms apply in its totality to all parts of the website and to the actions and services (“Services”) of ExplorAll. Any exemption should be requested in writing and is only valid with all necessary signatures of the owners of ExplorAll.

ExplorAll does not condone any unregistered links to and from our website. Links to our website are not permitted unless a written agreement has been reached with this third party. We are not responsible for any unauthorized references to our service and request that such connections to ExplorAll will be broken. Failure to do so might result in legal consequences or full exclusion from the services of ExplorAll.

All visitors of our website are strictly forbidden to post any personal telephone numbers, email address, links to their own websites or links of any other sort, except for when this is explicitly requested by ExplorAll. It is also forbidden to use Robots or other automated means to access the website, unless specifically permitted by ExplorAll.

About us

We are intermediaries only

Neither the owners or management team (“Owners”) of the website, nor any individual employee, can be held responsible for any wrongdoing flowing from the facilitated transactions between the customers and the facilitators. When any dispute is mentioned to us, then we will try to negotiate a satisfying solution for the aforementioned two parties, but we do not guarantee any solution nor any compensation.

No responsibility for website quality

Neither the owners of the website, nor any individual employee, are responsible for the quality of the content shown on our website. We will try, to the best of our abilities, to ensure that the website is accessible and all content is shown as it was intended to be, but if the website is temporarily inaccessible, in part or as a whole, then we are not responsible for any resulting damages.

We are no insurer or contracting agent

We will not be held responsible for any damages resulting from the listings booked through our website. We are no party to any contract or booking facilitated through our website and can therefore not be held responsible for misconduct, of any kind, of either the customers or the facilitators.

Our responsibilities

THE WEBSITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH FACILITATORS MAY CREATE LISTINGS FOR LEISURE ACTIVITIES AND CUSTOMERS MAY LEARN ABOUT AND BOOK THE LEISURE ACTIVITIES DIRECTLY WITH THE FACILITATORS. YOU UNDERSTAND AND AGREE THAT EXPLORALL IS NOT A PARTY TO ANY AGREEMENTS BETWEEN CUSTOMERS AND FACILITATORS, NOR IS EXPLORALL A TRAVEL BROKER, AGENT OR INSURER. EXPLORALL HAS NO CONTROL OVER THE CONDUCT OF FACILITATORS, CUSTOMERS AND OTHER USERS OF THE WEBSITE, APPLICATION AND SERVICES OR ANY ACTIVITY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Applicable law and competent judge

The legal relationship between the parties, including, but not limited to, the parties in these Terms and Conditions, is governed by the Dutch law. The place of the competent jurisdiction is Amsterdam, the Netherlands. All parties to any contract or transaction, facilitated by ExplorAll, agree that they accept the applicability of Dutch law at any time.

Modification right of Terms

ExplorAll reserves the right to make adjustments to these terms at any time. When adjustments have been made then the new terms will go into effect immediately. We will notify the visitors of our website on the homepage and everybody is expected to read these terms. Any further usage of our website or services will automatically expect the visitors to have read and agreed to these new terms.

Failure means exclusion and potential legal consequences

Any failure to comply with these terms will result in immediate termination of all services to this individual or organization. Any damages resulting from the failure to comply with these term will be the direct responsibility of the violating party and, where legally permitted, will result in legal consequences.

Free use for basic functions

Some parts of our website are freely accessible to all visitors. ExplorAll does not charge any fees for the freely accessible parts of our website. All Visitors are explicitly forbidden to download, copy, reproduce, broadcast, transmit or print any visuals or texts for commercial use. Such usage is only permitted after receiving written permission from ExplorAll

Liability;

You, the visitor, users or any other person, company or otherwise legal entity, will not hold ExplorAll or any of its subsidiaries or partners, nor the owners or any of its employees, in any way responsible for any expected or unexpected damages to, or by, the actions performed and facilitated on this website. All aspects of this website, including, but not limited to, the content, security and hyperlinks are to be used at your own risk. ExplorAll reserves the right to make adjustments to these terms at their own discretion, we will not be held responsible to inform you of any changes.

Any damages resulting directly from any action or failure of ExplorAll itself will be liable limited to the monetary amount paid to ExplorAll, in the form of an intermediary fee, before the damaging act. ExplorAll will not, at any time, be liable for higher amount as the intermediary fee related to a booking and will at no time be liable for the damages or costs resulting from the activities or services listed on our website.

ExplorAll is not responsible for any late cancellation or no show in any case and for any reason. This includes, but is not limited to, sickness, labor disputes, government restraints, acts of war or terrorism, weather conditions, transportation delays or any miscommunications of any sort.

Your registration or use:

Any visitor of the website, requested to create a personal or company profile (“Profile”), is, in any instant, solely responsible for the accuracy as well as the protection of the information related to the profile. This includes, but is not limited to, passwords, login names, banking details, email addresses and personal data.

We will ask for some personal details, which will help us secure both our services as well as your future earnings. Your profile must be created with your real name and accurate information. Any misleading or inaccurate profiles can result in exclusion of the ExplorAll services as well as legal consequences where law permits.

All visitors of the website agree not to use this website for any other purpose as it was created for. This includes, but is not limited to, threatening, stalking, or harassing other visitors, transmitting spam, spreading viruses, Trojans, spam, pyramid schemes, pornography or any form of discrimination.

General Terms;

 

The request for personal information

Although visitors are not required to create a profile, they will have to provide both ExplorAll as well as the Facilitators basic personal information in order to initiate a booking through ExplorAll. This data will be stored on the ExplorAll server and might be stored by the Supplier of the booked leisure activity.

Appropriate insurance, visas and passport

All customers of ExplorAll are solely responsible for acquiring the correct legal documents including, but not limited to, visa, insurance, passports and driver’s licenses. ExplorAll, including its directors and employees, are at no point in time responsible for helping customers getting these documents and any damages resulting from failure to obtain such documents will be at the expense of the customer.

Meeting the facilitator

Customers will be provided an email address of the facilitator of the listing after successful completion of the booking. The listing description will indicate if you need to go to the facilitator or that the facilitator comes to you. The customers are responsible for working directly with the facilitators to discuss a meeting time and place. ExplorAll will not be held responsible for miscommunications between the aforementioned parties.

Reservation Number

After successful booking of a listing a unique reservation number will be generated and listed on the payment confirmation of the customer. Please do not lose this number. This number is required by the facilitator to identify your booking and loss of this number may result in the exclusion from the activity by the facilitator. The facilitator also has the right to ask for identification in order to confirm the booking.

Payments & Fees;

Prices

The prices listed on ExplorAll are set by the Facilitators and neither ExplorAll, nor any individual employee of ExplorAll, will have any influence over them. ExplorAll is therefore not responsible for changing prices or any form of price discrimination. All prices are quoted in USD and are subject to the exchange rate changes in the financial markets. 

Unless otherwise specified, prices do not include any local taxes or use-fees, including airport or security fees, port charges, parking fees, immigration and customs fees, tips or gratuities, passport and visa fees.

Prices include Food & Beverages only in case specifically mentioned in the listing description. Please read these descriptions carefully to know what is, and is not, included in the price.

Price control

Different price offered for the same activity can be reported to us by using the online contact form and will be investigated to the fullest of our capabilities. ExplorAll will not be held responsible in any way for different prices or price discrimination. Facilitators offering the same Leisure Activities for a lower price through different channels, will be warned and may be excluded from the services of ExplorAll. We do allow a deviation of 5% which allows the facilitator to recover any transaction fees. Please note that we can only investigate price differences if the services are exactly the same and provided by the same facilitator.

Reservation Payment

The moment a reservation request has been confirmed and you accept the booking through ExplorAll a reservation fee of 14.29% is charged to your credit- or debit card. This reservation fee is included in the price. The remaining balance of 85.71% needs to be paid directly to the facilitator by either cash or digital pre-payment, depending on the specific wishes of this facilitator. ExplorAll has no legal involvement in the transactions to the facilitator. The reservation fee will show on your bank statement as www.ExplorAll.com. Please note that in case of cancellation, this prepayment will be used to cover costs incurred in the reservation process.

Credit- and Debit card payments

In order to finalize a booking, a Credit- or Debit card payment will be required. Payments will be facilitated by a third party and ExplorAll will not hold, see or store any credit card details. The payment service provider will handle your credit card data in accordance to European Payment regulations.

Fees

The service provided by ExplorAll is free for the customer. Upon successful booking we charge a commission to the facilitator.

Cancellation policy

There are 3 possible cancellation procedures. These cancellation policies are nonnegotiable and are out of the control of ExplorAll. First, cancellations are possible up to 3 working days before the reservation date. Second, cancellations are possible up to 1 day before the reservation date and third is free cancellation up to the moment of the booking. Please note that the 14.29% Intermediary fee, charged at the moment of reservation, is never elligable for refund.

Transaction liability

Any misuse, illegal usage or other misconduct related to the payment process will be the full responsibility of the customer. ExplorAll does not, in any case, take responsibility for the damages resulting from credit card fraud. Any request for data from governments or financial institutions related to fraudulent charges will be accommodated by ExplorAll

Refunds of prepayments

Upon succesfull completion of a reservation a prepayment of 14.29% will be charged to your credit card. Prepayments for a booking with ExplorAll are never eligible for refund. When any refund of these fees is given by ExplorAll then this is at the sole discretion of the management of ExplorAll. These Refunds can be in the form of money, vouchers or services depending on both the reason for discount as well as the costs related to the refund. All costs flowing from any refund will be paid by the customer or facilitator in question.

Host cancellation

Facilitators can only cancel existing bookings under extraordinary circumstances. Any such cancellations will result in immediate refund of the total payment to ExplorAll. ExplorAll is not liable for any such cancellations and assumes no responsibility for any material or immaterial losses flowing from that cancellation. ExplorAll will also not be responsible to find any replacement for the cancelled booking.

Disclaimer

ExplorAll does not provide liability insurance for the protection of individuals, groups, facilitators, businesses, spectators, or any other who may visit, list, participates or in any way uses the services, website or information provided by ExplorAll. In consideration for your participation in the usage of all the aforementioned examples, the individual, group, organization, business, spectator or other, does release and forever discharge ExplorAll, and its officers, board, employees or partners, jointly and severally from any and all actions, causes of action, claims and demands for, upon or by any reason of any damage, loss or injury, which may be the result from using any service of ExplorAll.

This disclaimer extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected damages, injuries, losses and liabilities and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any local or international law shall not extend to claims, demands injuries or damages which are known or unknown at this time, to the person using the services of ExplorAll, are hereby waived at the moment the aforementioned participants use any of the services of ExplorAll.

Ownership

Own Trademarks

All visuals and material on the ExplorAll website are owned by ExplorAll. This includes, but is not limited to, pictures, logos, designs and videos. Any illegal usage of any of the material shown on the website will be dealt with accordingly. When third parties wish to use any of the trademarked items then they will have to apply for usage in writing.

Copy Rights

All texts, including, but not limited to, reviews and testimonials, posted on the website are owned by ExplorAll. Any illegal usage of any of the texts shown on the website will be dealt with accordingly. When third parties wish to use any of the copyrighted items then they will have to apply for usage in writing.

Waiver of rights

Please note that if your ExplorAll profile is cancelled, we do not have an obligation to return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback

Limitation of liability

Any damages resulting directly from any action or failure of ExplorAll itself will be liable limited to the monetary amount paid before the damaging act. ExplorAll will not, at any time, be liable for a higher amount as the intermediary fee related to a booking and will at no time be liable for that damages or costs resulting from the Leisure Activities listed on our website.

Reporting misconduct

Any misconduct, related to any part of the services and/or website of ExplorAll, can be reported to us directly through the contact form provided on our website. Any violation of our terms, illegal activity or other damaging activity will be investigated to the fullest capability of ExplorAll and its owners regardless of what conduct is reported. When any laws are broken then ExplorAll will share any information related to these activities with the local authorities and the party which has been damaged.

Data Protection

All data provided to create a profile, shown on the website or stored related to any other purpose will be protected to the best of our abilities. Data will not be sold to third parties and will only be used for the purpose of optimizing the services of ExplorAll. Any loss or theft of data will be investigated to the fullest extend but ExplorAll is not liable or any damages resulting from such loss or theft in Data. All data provided to ExplorAll has been done so voluntarily and the provider is responsible for the validity and ownership of this data. ExplorAll will not be liable for any trademark infringements or other illegal usage of data by its users. When a third party has a valid claim that one of the users of our services has been violating the law, then ExplorAll will share contact information of the violating party to both the local authorities as well as the third party.

Miscellaneous;

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.