Terms and Conditions For Facilitators

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 intermediary 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 intermediary fees, before the damaging act. ExplorAll will not, at any time, be liable for higher amount as the intermediary fees 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

Facilitators have to provide both ExplorAll as well as the customers with basic personal information in order to create a listing and confirm a booking by a customer. The Facilitators are expected to create a profile which includes personal data as well as company data. Any profile made on ExplorAll is expected to be created with good intentions and all information provided is honest and complete. Any misconduct will be punished by deletion of the profile and all current bookings will be cancelled without any claim to the already paid balances.

Your registration, your responsibility

Any user of the services of ExplorAll, in any instance, is solely responsible for the accuracy as well as the protection of all data included in the services of ExplorAll. This includes, but is not limited to, passwords, bank data, credit card data, login details, email addresses and booking information.

Subject to approval

Your use of the services of ExplorAll is subject to our approval of a profile. We have the right to refuse or limit your access to this profile. By submitting any request on the website, you represent that you are at least 18 years of age. You may only have one profile and al data related to this profile is expected to be accurate. It is not allowed to create a profile under an alias.

Listings

The facilitator hereby declares that all information included in the listings created on the ExplorAll website are complete and honest to the best knowledge of the facilitator. The facilitator declares that all data provided is legally obtained and ExplorAll is not responsible for any misusage of third party ownership including, but not limited to, Trademarks and Copyrights. At the moment data is provided for listings the facilitator agrees that ExplorAll gains ownership of that data. ExplorAll will not sell any data to third parties, but it can be used to optimize both the services as well as the website of ExplorAll.

No Endorsements

ExplorAll, including its directors and employees, will not engage in endorsing any of the listings in any way. All commentaries included in the website are reviews given directly by the customers and cannot be seen as endorsements from ExplorAll. ExplorAll does reserve the right to delete, adjust or otherwise alter texts, including, but not limited to, reviews, testimonials, blogs or listing information. ExplorAll will not be liable for any damages resulting from such texts. Any text violating the rights of individuals or conflicting with these terms and conditions can be reported to ExplorAll for investigation.

Liability

When listing any activities, tours or otherwise allowed services on the ExplorAll website, you agree that you are solely responsible for both the execution as well as safety of that service. ExplorAll waives all liability to, or for, the services. If at any point in time, legal action is taken against ExplorAll, due to your services, then ExplorAll reserves the right to take legal action against the company that offered these services in order to recover any losses directly related to these proceedings as well as the cost related to the outcome of these proceedings. This waiver includes, but is not limited to, any material as well as non-material damages, medical costs arising from failure to guarantee safety, or any other reason for customers to seek compensation.

Payments & Fees

Prices

The facilitators are expected to list their Leisure Activities with fair prices. The price included in the listing may not, at any time, be higher as any other price for the same activity on other websites, local pricelists or tour reseller. This price provided by the facilitators is automatically increased with 5% by the website, which deviation allows the facilitators to partly recover costs, including credit card transaction cost and PayPal transfer costs. Any higher 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 will be warned about this and may be excluded from the services of ExplorAll.

Payment of fees;

The moment a reservation was confirmed and the customer has commenced in the final booking process of any listing, a reservation fee of 14.29% is charged to the customers credit- or debit card. This payment covers all fees and financial liabilities from the facilitator to ExplorAll, therefore ExplorAll holds no other claim on the transactions between the customer and facilitator. Payment of the remaining 85.71% will be paid from the customer directly to the facilitator and ExplorAll hold no responsibility to assist in collecting these funds.

The ExplorAll fee has been reduced untill 1st of October 2016 to 9.52% as a temporary promotion. After this date commission may be increased again to the regular rate as described above.

Fees

The creation of Listings on the ExplorAll website is completely for free. No monthly fees or membership fees will be charged to the facilitators. ExplorAll will sustain its operations by charging commissions and fees for successful bookings. At the moment of sale, a fee of 14.29% of the sales price will be retained by ExplorAll as an intermediary fee. The facilitators hold a claim of 85.71% of the listed price on the customers which are paid in accordance to the payment details related to that booking. (Please note, that the actual cost to the facilitator is 10%, while the listing price has already been increased by 5% to recover part of the transaction costs.)

This amount is increased by VAT @ 19% if the facilitator is established in Germany or if he is established in another member state but does not provide ExplorAll with a valid VAT ID. In any event ExplorAll will issue an electronic invoice according to German rules.

Cancellation policy

There are 3 possible cancellation procedures which a facilitator can choose from. These cancellation policies are nonnegotiable and are out of the control of ExplorAll but are at the discretion of the facilitators. 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. Any cancellation which is received by ExplorAll after the cancellation deadline will be handled similarly as a No-Show. Facilitators may require prepayment from the customer in which ExplorAll has no legal involvement. Any pre-paid finds should be refunded if a cancellation was received in time by the facilitator. Email confirmation about successful cancellations are automatically send when the cancellation as still possible according to the chosen cancellation policy. Failure to comply might result in exclusion of our services. Reservation fees charged by ExplorAll are never eligible for refund.

No Show Policy

When an activity is booked and the customer does not show up in time, then it depends on the Cancellation policy chosen for the booked listing whether or not a claim can be made to the balances paid from the customer. ExplorAll has no legal obligation to assist with No-Show payments and the facilitator is free to choose whether or not to pursue any such claim.

Reservation Requests

Each customer will submit a request for availability before the booking is final. The facilitators will be notified about new requests per email and per SMS, if a valid cell phone number was provided in the Facilitators profile. The facilitator will have 24 hours to confirm availability after which the request will automatically be declined. All availability requests will be tracked by the ExplorAll website and the average speed in which a facilitator confirms or declines a requests will be visible on the Listing page.

Confirming a request

When the facilitator confirms an availability request then this will be a binding commitment that they are able to provide the requested services. Cancellations after this confirmation are only possible in agreement with the customers.

Declining a request

When an availability request is declined, for any reason possible, then the facilitator will have the option to give an alternative day within the same week to suggest to the customer if they choose to. This alternative day will be a binding commitment by the facilitator to provide the requested services. It is the choice of the customer to accept or decline this alternative day.

Host cancellation

If, as an Facilitator, you cancel a confirmed booking, you agree that ExplorAll may apply penalties or consequences to you or your Listing, including (i) publishing by an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

Taxes

You, as an facilitator, are responsible for the declaration of all applicable taxes to the local authorities. This includes, but is not limited to, VAT, GST, Income Taxes and dividend taxes. ExplorAll has no obligation to assist in these matters. ExplorAll will declare local VAT and GST taxes on its own income where applicable, which are included in the fees. ExplorAll will not, in any case, be held responsible for any tax evasion or wrongfully declared taxes by any of the facilitators.

Billing

The facilitators are obligated to issue at least 1 monthly list of successful transactions in the template format provided by ExplorAll. Credit Notes can be generated as much as bi-weekly, in case of high sales through the website. This credit note is to include the customer unique reservation number, which is provided to the customers and should be collected upon rendering the activities. Other information required are the name of the booking and the price of the transaction. The total of this credit note is always 14.29% of all sales where ExplorAll held an intermediary role. No actual payment is necessary to ExplorAll while the balance of 14.29% has already been paid upon sucessful completion of each 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.