Terms & Conditions

Last updated: 04/12/2024

These terms and conditions of service (or "TOS") govern the use of the digital platform "Wandr" available at www.justwandr.com, as well as access to content and booking of activities present on it by the User, except in cases where explicit indication is given about the application of terms different from these.

The TOS also provide information on the service provided by the digital platform "Wandr" (the "Service" or the "Platform").

By using, accessing and/or registering on the Platform, the User accepts these Terms of Use.

Definitions

The following terms have the meaning indicated below, it being understood that terms defined in the plural are also defined in the singular and vice versa:

Terms of Use: Refers to these terms and conditions of use of the Platform and enjoyment of the Experiences

Company: Refers to Wandr Travel Limited, a company with registered office in 6 Hanbury House, 28 Regents Bridge Gardens, SW8 1HE, company number 16009111, owner of the Platform

Service / Platform: Refers to the digital service called "Wandr", available at the website www.justwandr.com, developed by the Company, which allows Users to access Experiences made available by Suppliers

User: Refers to any natural person who browses, uses, accesses or registers on the Platform to view and/or book Experiences

Supplier: Refers to any natural or legal person who uses the Platform to promote and make available to Users, through Listings, their own Experiences

Experiences: Refers to the recreational activities and experiences made available and bookable through the Company's Platform and offered by Suppliers

Listing: Refers to the web page containing information about an Experience published on the Platform and offered by a Supplier

Booking Request: Refers to the request made by a User to a Supplier for booking an Experience

Alternative Proposal: Refers to an alternative Experience proposal made by the Company or the Supplier to the User, in case of refusal of the Booking Request originally made by the latter

Content: Refers to the overall set of goods and/or services present on the Platform, such as, by way of example, video content, slides, text, photos, videos, graphics, music, audio or other material offered by the Company and/or Suppliers

Object of the Wandr service

These Terms constitute a contract between the Company and the User. The User is responsible for reviewing these Terms, the most up-to-date version of which is available at the link https://www.justwandr.com/terms.

Wandr is the digital platform developed by the Company aimed at enhancing and facilitating communication between Suppliers and Users, simplifying - respectively - the publication of Listings for recreational activities and leisure and their booking.

Through the Platform, Users can book Experiences and other services made available by Suppliers and promoted through Listings.

The Platform service includes managing bookings, payments, refunds and cancellations on behalf of Suppliers.

The User acknowledges having read, understood and accepted these Terms of Use, and that these Terms of Use include any note, legal notice, information or disclaimer, including the Privacy Policy published at https://www.justwandr.com/privacy, and represent and constitute the complete manifestation of the agreements reached between the parties and cancel and replace any possible different and previous agreement, even verbal, between them occurred, as well as any other communication between them relating to registration, access and use of the Service.

Acceptance of TOS and modifications

The User acknowledges that by using, registering, accessing the Platform and/or booking Experiences, they are entering into a legally binding agreement with the Company governed by these Terms of Use, which they expressly accept.

In this regard, the User declares to be fully aware that acceptance by means of electronic tools constitutes a valid and binding act of consent. The same regime is considered to be subject to any manifestations of assent or acknowledgment regarding communications or notifications from Suppliers concerning modification, revision or cancellation of policies, procedures or Terms of Use.

The User acknowledges that the Company may modify the Terms of Use, for example for compliance with new legal provisions. Therefore, the Company will communicate to the User any changes to the Terms of Use, which must be accepted by the User within 30 days from their communication, unless the User decides to withdraw without consequences within the same period. The User in any case is required to regularly check the Terms of Use.

These Terms of Use govern the relationship between the Company and the User and do not give rise to rights in favor of third parties.

This agreement, as concluded, will be archived and made available to the User according to the methods indicated on the Platform, in addition to being locally savable in .pdf format. Similarly, on the Platform are indicated the technical means made available to the User to identify and correct data entry errors before signing this agreement.

The Company will send via email receipt of the User's acceptance, containing a summary of these general and particular conditions applicable, information relating to the essential characteristics of the service and detailed indication of the price, means of payment and applicable taxes.

Registration on the Platform

Users can browse the Platform, view Experiences and make bookings even without prior registration on the Platform.

To complete registration on the Platform, Users provide certain data, such as username, email address, and any other data indicated in the registration form.

Once the registration process is completed, the User will receive an email of successful registration and will be able to access their account and, at their discretion, complete, modify and/or delete it.

The User is required to adopt adequate and satisfactory measures to prevent improper use or theft of their account, as well as to maintain an adequate level of security and control over all devices, items, IDs, passwords and personal identification numbers/codes used to access their account.

The Company is unable to guarantee the identity of Users who use the Platform, therefore, the latter have the obligation to inform the Company if they believe that their account associated with the Platform has been subject to theft or illicit use by third parties. The Company, in any case, will not be responsible for any fraudulent use of the User's account by third parties.

The Company recommends Users to report to the police authorities any theft, misappropriation or suspected misuse of their account. If necessary, the Company undertakes to collaborate with the User and the competent authorities. In case of fraud, Users reserve the right to adopt all appropriate measures if they have suffered damages resulting from improper use of the Platform.

Booking and purchasing an Experience

Booking an Experience is the process by which the User, having identified an Experience of interest, submits, through the Platform, a Booking Request to the relevant Supplier so that they reserve their Experience for a specific time frame (or part of the available spots for it). Below are the detailed terms governing this process:

1. Booking Procedure

To book an Experience, the User must follow the procedures outlined on the platform. This includes selecting the desired Experience, specifying details such as the date, time and number of participants, and providing the necessary personal information (name, email, phone number, etc.) as prompted.

2. Payment

Full payment is required at the time of booking. By clicking the "Pay" button and completing the transaction, the User authorizes Wandr to process the payment immediately. Payment is facilitated through a secure third-party system, ensuring the protection of sensitive data.

3. Booking confirmation

Upon completing the booking, the User will receive an email summarizing the booking details, including the Experience name, date, time, location, price paid, and Supplier contact information. Wandr confirms the availability of the Experience with the Supplier within 24 hours.

• If the Supplier confirms availability, the booking is finalized without further action required from the User and the contract between the User and the Supplier is considered stipulated and accepted by effect of Law.
• If the Supplier is unavailable, the Company and/or the Supplier reserve the right to offer the User an Alternative Proposal.

4. Alternative Proposal

In the event of unavailability, the User will receive an email with the updated proposal, which they may accept or decline:

• Acceptance: A new confirmation email is sent, detailing the updated booking information and the new contract between the User and the Supplier, replacing the previous one, is considered stipulated and accepted by effect of Law.
• Decline: The booking will be cancelled, the User will receive a full refund and no contract will be considered concluded between the User and the Supplier.

The formulated Alternative Proposal is to be understood as a counter-proposal to the Booking Request made by the User. The Company reserves the right to cancel bookings if the Supplier cannot accommodate the request and no Alternative Proposal is agreed upon.

It is understood that the booking and purchase of an Experience will not be concluded, remaining without any effect, if the procedure referred to in this article is not respected.

For any error, typo or problem in filling out the online forms and, more generally, in executing the purchase procedures set up by the Company, the User is invited to contact, without delay, the email address: info@justwandr.com.

User's withdrawal

The User acknowledges that the Experiences offered through the Wandr platform constitute recreational services provided on a specific date or within a set period. As such, the right to cancel (withdraw) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to these bookings, in accordance with Regulation 28(1)(h), which excludes contracts for leisure services when the contract provides for a specific date or period of performance.

Where an Experience falls outside the scope of this exclusion, the User has the right to cancel their contract within 14 calendar days of receiving the booking confirmation email, without incurring any penalty and without needing to provide a reason, provided that the Experience has not been used.

1. How to Exercise the Right to Cancel
To cancel the booking, the User must inform the Company by providing a clear statement of their decision to withdraw from the contract. This can be done via:

• Email to info@justwandr.com, or
• Post to Wandr Travel Limited, 6 Hanbury House, 28 Regents Bridge Gardens, SW8 1HE, London.

The User may use the following wording for their notice:
“I hereby give notice that I wish to cancel my booking for [Experience Name] made on [Booking Date].”

2. Refund Process

Upon receipt of the withdrawal notice, the Company will issue a full refund of all payments made for the Experience, using the same payment method as the original transaction. Refunds will be processed without undue delay and no later than 14 calendar days from the date the Company receives the cancellation notice.

3. Important Notes

• The right to cancel only applies to bookings where the Experience does not involve a specific date or period of execution, in line with Regulation 28 of the Consumer Contracts Regulations.
• If the User has already participated in or otherwise commenced the Experience, the right to cancel is no longer applicable.
• Sending a cancellation notice solely to the Supplier does not constitute a valid exercise of the right to cancel. All notices must be communicated directly to the Company.

Cancellation of a booking by the Supplier

The Supplier is recognized the possibility of cancelling the Experience if its execution is made impossible, difficult or dangerous due to force majeure causes that are beyond their control such as, by way of example, the occurrence of particularly adverse weather conditions, natural disasters, epidemiological emergencies, and/or regulatory measures that prevent the carrying out of the activities of the Experience.

In the cases referred to in the previous paragraph, the Supplier shall notify the Company and the User, in the forms deemed most appropriate, provided they are suitable to ensure the timeliness of the communication.

Where possible, the Supplier can formulate to the User a proposal to modify the date or time, for the execution of the booked Experience. The new proposal formulated is to be assimilated to the Alternative Proposal. Therefore, following the Alternative Proposal formulated by the Supplier, the User can:

1. accept the Alternative Proposal, concluding a new agreement replacing the previous one, and with respect to which the User's economic performance has already been executed;
2. refuse the Alternative Proposal, with consequent dissolution of the contractual bond and right to full refund of the price paid for the Experience.

The Company undertakes, if requested by the User and once received the communication regarding the cancellation of the Experience by the Supplier, to arrange the refund in favour of the User of the sum paid for the execution of the Experience by re-crediting the amounts to the payment instrument originally used.

The refund will be issued by the Company in the name and on behalf of the Supplier.

Cancellation of a booking by the User

Where possible, depending on the type of Experience booked, or where expressly provided by the Supplier, the User can proceed with the cancellation of a confirmed booking by following the procedure indicated in the appropriate section of the Platform.

The fees that will be withheld from the amounts paid by the User are indicated, for each Experience, in the cancellation policies included in the Listing of the Experience in question, which represent an integral part of these TOS.

The absence, not previously communicated, of the User on the day and time agreed for the execution of the Experience is to be considered as a last-minute cancellation, and excludes the right to a refund.

User's obligations and responsibilities

The User cannot use the Platform in an improper, illegitimate, deceptive or fraudulent manner. By way of example only, the User is prohibited from using the Platform in ways or for purposes not permitted by Law, to spread computer viruses, or to carry out activities that may compromise the security of the Platform and/or third parties.

The access credentials to the Platform are strictly personal and cannot be transferred, transmitted, communicated or granted by the User to third parties.

The User cannot use the identity of others and/or access the Platform using automated tools (such as collection bots, robots, spiders or scrapers).

The User is exclusively responsible for the truthfulness, legality, correctness and right to use the material or information transmitted by them through the Platform.

The User, by using the Platform, declares and guarantees to have read these general conditions; to have read and accept the Privacy Policy; to be at least eighteen years old (in case of a legal entity, the legal representative declares to be at least eighteen years old), and to be in full capacity to act and to accept these TOS; to use the Platform exclusively in the awareness that it is aimed at providing intermediation services between the User and the Suppliers for the booking of Experiences of a recreational nature.

The rights and obligations of the Company can be assigned to other subjects, for example, by way of example and not exhaustive, in case of change of ownership or due to Law.

Company's faculties, suspension

If the Company detects violations by the User with respect to what is provided in these Terms of Use, the Company may, at its sole discretion and without this entailing compensation obligations in favour of the User:

1. cancel or suspend the User's account;
2. deny the User subsequent access to the Platform;
3. take any action against the User to protect itself, including those aimed at obtaining compensation for damages.

The Company can modify, update, suspend, limit or interrupt at any time, and without liability towards the User, the service of the Platform. The User will in any case be guaranteed the enjoyment of the Experiences already booked prior to the suspension.

Any requests for reactivation of the account must be made by email sent to the address info@justwandr.com. The Company reserves the right to decide at its sole discretion on the reactivation of the suspended account.

In all cases provided for in this article, the User will be held responsible for any damages suffered by the Company.

Limitation of Liability

The Company selects Suppliers and their related Experiences offered through the Platform according to its own preventive assessments regarding quality and reliability. In any case, however, the Platform service is provided "as is" and without any explicit, implicit or legal guarantee regarding the Experiences made available by Suppliers and, in general, the Contents of the Platform.

Regarding the booking and conduct of Experiences, the User also acknowledges that:

1. Experiences are only available if the User and the participants involved by them possess the conditions required for its exercise (for example, certificates proving a suitable physical condition or state of health, a certain skill level, as well as additional certificates, licenses or permits required by Law); otherwise, the Supplier has the right to refuse participation in the Experience without resulting in a right to refund of the price paid by the User;
2. The User and the participants involved by them must adhere to the respect of rules and instructions given by the Supplier in order to allow the conduct of the Experience in optimal safety conditions; otherwise, the Supplier has the right to interrupt participation in the Experience without resulting in a right to refund of the price paid by the User;
3. The User and the participants involved by them must arrive on time at the meeting point indicated in the summary of the booked Experience. A delay of more than 15 minutes from the agreed time may result in cancellation of the booking

The Company cannot in any way be held responsible for the results and/or consequences deriving from the Suppliers' Experiences, such as, by way of example but not limited to, any harmful consequences arising from the conduct of the Experiences, or the failure to achieve the desired results. Except in cases of willful misconduct or gross negligence, the User acknowledges and accepts, therefore, that the Company will not be in any way responsible for any damages, injuries, losses, charges and expenses or costs, direct or indirect, including any legal expenses incurred and/or borne by the User in connection with the Suppliers' Experiences.

The Company also assumes no responsibility regarding the documentation concerning the state of health, possession of patents, certificates, or any other document produced by the User at the time of booking. Consequently, it is expressly specified that the User and the participants involved by them are solely responsible for the booking and participation in the Experiences, taking into account their level of ability, physical condition, experience, limits, and all risks arising from taking part in potentially dangerous activities, sporting and non-sporting.

The Company undertakes to do what is possible to ensure that access to the Platform and booking of Experiences is provided without interruptions and that any transmission of data occurs without errors. However, due to the nature of the network, uninterrupted access and absence of errors in transmission cannot be guaranteed. The Company cannot therefore be considered responsible for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access or alteration of any content related to the Platform, unless this is due to willful misconduct or gross negligence.

The User, with these Terms of Use, agrees to be aware that access to the Service may also be occasionally suspended or limited to allow the performance of repair work, maintenance, or the introduction of new activities or services.

The Company will not be responsible for any delay or failure to fulfill the obligations provided for in these Terms of Use if the delay or failure derives from fortuitous events or causes of force majeure.

The limitations and exclusions in this clause apply to the maximum extent permitted by Law.

Indemnity

In case of violation of the obligations incumbent on the User under these Terms of Use, the User will be required to indemnify and hold harmless the Company, its employees and collaborators, its successors and its partners from and against any dispute, cost, legal action, controversy or claim and any loss, damage, liability, measure, sanction, interest and expense (including, by way of example, legal fees) arising from disputes, legal actions, assessments, investigations, inquiries or other proceedings promoted by any subject in relation to:

1. an ascertained or possible breach of the declarations or obligations and responsibilities provided for by these Terms of Use;
2. ascertained or possible injuries or violations of third party rights or applicable laws arising from the use of the Service by the User in a manner not compliant with these Terms of Use;
3. more generally, the use of the Platform's services and the enjoyment of the Experiences by the User and the participants involved by them, in a manner not compliant with these Terms of Use.

Intellectual Property

All Content present or made available to the User through the Platform, as well as trademarks, designs, models, know-how, texts, graphics, drawings, logos, images, audio files, data collections and software, lists or other databases present on the Platform are the exclusive property of the Company and/or Suppliers and/or third parties that the Company exploits based on licenses, and are protected by Italian Laws and International Laws on copyright, intellectual property rights, industrial property rights and rights on databases.

The use of the Platform and the booking of Experiences by the User does not confer any ownership or other rights on the Content, code, data or other materials associated with the Experiences and/or the Platform.

Under no circumstances can the User, without the prior written consent of the Company, do or attempt to do the following to the Content: (i) use the Content and/or the Company's trademarks for commercial, advertising or promotional purposes of a product or service; (ii) market merchandise, physical or digital, that represents the purchased Content and/or the Company's trademarks (iii) attempt to claim any further intellectual property rights relating to the Content.

Any use of the Content contrary to these Terms of Service and/or to the provisions of UK legislation protecting industrial and intellectual property will be prosecuted according to the terms of the Law.

Privacy & Cookies

The Privacy Policy can be found at the following link: https://www.justwandr.com/privacy

Hyperlink

The Platform may contain hyperlinks that redirect to third-party sites. The Service has no control over these sites and disclaims all responsibility for access to, content of, or use of such sites.

Waiver

In no case shall the Company's failure to exercise its right to act against the User in breach of these Terms of Use be interpreted or considered as a form of waiver of the Suppliers' rights, including those to act.

Partial Nullity

If any of the provisions of the Terms of Use were to be judged null or inapplicable by a court or other competent authority, the parties agree from now that the remaining provisions of the Terms of Use will remain in force and will continue to remain fully valid and effective.

Communication and Other Provisions

The rights and remedies included herein are not exclusive, but are in addition to other rights and remedies available under applicable law.

For any need, the User can contact the Company at the following address: info@justwandr.com.

Exclusive Forum and Applicable Law

These Terms of Use are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

Any disputes arising from or in connection with these Terms of Use, including their validity, interpretation, or enforcement, shall be subject to the exclusive jurisdiction of the courts of London, England.

This clause does not affect the User's statutory rights under applicable consumer protection laws, including their right to bring disputes in their local courts if mandatory consumer protection laws provide for such rights.