Terms of Service
Terms of Service

1. Introduction

Welcome to Explorer Elite! We are thrilled to have you join our community of adventure enthusiasts and travel lovers. Before you embark on your next adventure, it is important to read and understand our Terms and Conditions (the "Terms"). These Terms govern your use of our website, mobile application, services, and participation in our activities. By accessing or using our platform, you agree to be bound by these Terms, which form a binding legal agreement between you, as the user of the platform, and Explorer Elite. If these Terms are not acceptable to you, we kindly ask that you refrain from using our services.

2. Definitions

For clarity, key terms used throughout these Terms, such as “User”, “Provider”, “Booking”, “Experience”, “You”, and “We”, will be defined in this section:

User: An individual or entity utilizing the Explorer Elite platform to explore, book, or participate in experiences or purchase goods.

Provider: Independent entities or individuals offering adventure experiences or products through the Explorer Elite platform.

Booking: The agreement initiated by a User with a Provider to participate in an Experience or purchase a product.

Experience: Adventure activities or trips facilitated by Providers available for Booking by Users.

You/Your: Refers to Users, Providers, and any party utilizing the Explorer Elite platform.

We/Us/Our: Refers to Explorer Elite and its legal entity.

3. User Eligibility

By entering into this Agreement, you confirm that you have reached the age of majority as defined by the applicable laws of your jurisdiction and that you have the legal capacity to commit to this Agreement. Given the potential hazards linked to the activities we offer, our services are primarily designed for individuals who are not considered minors in their respective legal jurisdictions. Nonetheless, Providers may make exceptions for minors to participate, subject to specific conditions outlined in their policies. In instances where minors are permitted to engage in our services, it is the Provider's explicit responsibility to:

a) Obtain verifiable parental or guardian consent prior to the minor's participation. This consent must clearly acknowledge the nature of the experiences provided, the acknowledged risks involved, and grant permission for the minor's involvement.

b) Assure strict adherence to all relevant child protection legislations and regulations applicable within the jurisdiction where the service is provided. This includes but is not limited to ensuring the safety, privacy, and well-being of minors while participating in the services offered.

4. Service Description

Explorer Elite is dedicated to delivering unparalleled adventures for the avid explorer. Our curated selection of experiences, from the thrill of sailing the high seas to the conquest of mountain peaks, is tailored for those who aspire to venture beyond the usual.

These provisions govern our adventure travel agency service, which serves as a conduit between Providers and Users. It is essential to understand that the adventurous experiences offered through Explorer Elite are managed and operated by independent providers, rather than by our platform directly. We employ a thorough vetting process for each provider, focusing on their commitment to safety, quality, and environmental responsibility, to align with our high standards. Explorer Elite functions primarily as an intermediary, streamlining the processes of discovery, booking, and communication to facilitate your journey towards your next thrilling adventure. Nevertheless, the execution of these experiences, including compliance with safety measures and regulations, falls under the purview of the individual providers.

For access and use of our Gear Hub and Community, separate terms and conditions are in place, which you can review in the corresponding sections.

5. Account Registration and Responsibility

By registering and booking trips through our adventure travel platform, users commit to fulfilling the following responsibilities:

a) Accuracy of Information: Users must ensure all information provided during the registration process and thereafter is accurate, complete, and up-to-date. This includes but is not limited to personal details, health information, emergency contacts, and any required legal documents (e.g., passports, visas).

b) Assessment of Risks and Acknowledgement: Before booking, users are required to consider their own physical and mental fitness levels and to consult with healthcare professionals as needed to determine their suitability for the chosen adventures. Users acknowledge that the activities may involve physical exertion beyond normal limits and inherently involve significant risks of physical injury, illness, death, and loss of personal property.These risks arise from, but are not limited to, the physical demands of the activity, environmental hazards, accidents, the actions of other participants, and the lack of immediate medical facilities in remote areas. By booking an experience, you affirm that you understand and voluntarily accept these risks, recognizing that you are responsible for your own safety and that of your personal belongings.

c) Travel Insurance: Users are strongly advised to secure comprehensive travel insurance. The insurance policy must cover medical expenses, including those that could occur due to participating in adventure activities, as well as trip cancellations, loss of luggage, and other potential travel issues. The platform is not responsible for expenses beyond the booking costs, such as airline tickets or gear purchases.

d) Following Guidelines and Instructions: Throughout the trip, users must adhere to the guidelines and instructions provided by trip leaders, guides, or local authorities. This compliance is necessary for the safety and well-being of all participants, and failure to follow such instructions may result in the user being asked to leave the trip at their own expense.

e) Respect and Conduct: Users are expected to maintain a high standard of respect and consideration towards others at all stages of their interaction with the Explorer Elite platform, including during the booking process, in any communication facilitated through our services, and throughout their travels. This extends to fellow travelers, guides, local inhabitants, wildlife, and anyone else encountered. Further, users must show respect for the cultural norms and practices of the destinations they visit. Harassment, abuse, or any form of inappropriate behavior, whether online within our booking and service interfaces or offline during trips, will not be tolerated and may result in immediate removal from the platform and cancellation of the trip without refund. Our community values the diversity and inclusivity of global cultures and environments, expecting all members to contribute positively and respectfully.

f) Environmental Responsibility: Participants should strive to minimize their environmental impact while traveling. This includes following principles of leave-no-trace, proper disposal of waste, and avoiding activities that harm the natural surroundings or wildlife.

g) Legal Compliance: Users are responsible for understanding and abiding by the laws and regulations of the countries they visit. This includes but is not limited to customs regulations, drug and alcohol laws, and all local ordinances.

h) Personal Belongings: Users are responsible for the safety and security of their personal belongings throughout the trip. The platform and its partners cannot be held liable for lost, stolen, or damaged items, except for cases of gross negligence or premeditaion.

i) Medical Conditions and Requirements: Users must disclose any medical conditions, dietary restrictions, or special requirements at the time of booking. While every reasonable effort will be made to accommodate such needs, the platform cannot guarantee the ability to meet all such requests.

6. Booking

Bookings vary by experience, with direct and application-based options provided. Each booking method is designed to connect Users and Providers efficiently.

7. Cancellations

Understanding that plans can change, we aim to make the cancellation process as straightforward and customer-friendly as possible while balancing the interests of both our adventurers (customers) and our trip providers. The specific cancellation conditions may vary depending on the individual provider hosting the trip; however, the following guidelines are designed to offer clarity and fairness to all parties involved.

a) Cancellation by the User:

Notification: Users wishing to cancel their booking must notify the platform as soon as possible through the designated cancellation feature on our platform or agreed upon with the provider. Refund Policy: The amount refundable to a user upon cancellation will depend on the specific trip provider's cancellation policy. Generally, the earlier the cancellation is made, the higher the percentage of the total booking cost that will be refunded. It is important for users to review and understand the cancellation terms outlined by the trip provider before making a booking. Cancellations made within a close proximity to the trip start date may result in a smaller refund due to the incurred expenses and commitment made by the provider in preparation for the trip. In some cases, refunds may not be available if the cancellation is made beyond a certain deadline.

b) Cancellation by the Trip Provider or the Platform:

Provider Cancellations: In the rare event that a trip provider must cancel a trip, all users registered for that trip will be notified immediately and a full refund of the booking cost will be provided. Whenever possible, users will be offered alternative trip options. In the event that a Guide can not facilitate the trip itself for unforeseen reasons, another Guide may facilitate the trip. In that case the trip is not cancelled. Extreme Circumstances: In cases of extreme weather, natural disasters, or other unforeseeable events that necessitate trip cancellation, users will be notified as soon as possible. Options for refunds or rebooking will depend on the specific circumstances and the policies of the trip providers, but our platform will advocate for the best interest of our users. Safety and Compliance Cancellations: Trips may also be cancelled if safety standards or regulatory compliance issues arise. In such cases, the platform prioritizes user safety above all and will coordinate with providers to offer refunds or alternative bookings where possible.

c) Our platform reserves the right to make final decisions in cancellation disputes, striving always to protect the interests of both our users and providers fairly. We are committed to transparency and will provide clear explanations for any decisions made.

8. Payments

Transactions for services or products are facilitated directly between User and Provider. Providers may use the Explorer Elite infrastructure for payments. In that case major credit cards and bank transfer are accepted payment methods.

9. Liability

Explorer Elite assumes no responsibility or liability for the execution or fulfillment of the contracts concluded between Providers and end customers. The platform serves solely as an intermediary and is not party to the contractual relationship between Provider and end customer. Disputes should be resolved directly between the involved parties, with Explorer Elite assisting in mediation as needed.

10. Changes to Terms and Conditions

We reserve the right to modify these Terms at any time, with changes communicated to registered Users via their submitted email addresses.

11. Governing Law and Jurisdiction

The Terms and Conditions, including any disputes or issues arising from or related to the conduct of Users and Providers or their interactions with the Explorer Elite platform, will be governed and interpreted according to the laws of the Federal Republic of Germany. By utilizing the platform, Users and Providers consent to the application of German law for the resolution of any disputes related to these Terms. It is important to note, however, that this agreement to German jurisdiction does not override any protections Users might have under laws that would be applicable in the absence of this jurisdictional choice. Additionally, while this agreement specifies the application of German law, it does not restrict Users from seeking legal recourse in foreign courts. Should Users choose to pursue claims in a court outside of Germany, the court must apply German law to the proceedings. This jurisdictional agreement also does not limit the ability of Explorer Elite to seek immediate legal remedies, such as injunctive relief, in any jurisdiction deemed appropriate, in cases where the platform's intellectual property rights are infringed upon.

12. Contact Information

For assistance or inquiries, Users can reach out to our dedicated customer service team through the provided contact avenues on our platform or via email: [email protected]

Last Modified 04.05.2024 by Larissa O.