Terms & Conditions

Version 25/01/2023

These General Terms and Conditions are subdivided into:

One. BAHB LTD t/a Uncharted Events Terms of Use

Two. General Terms and Conditions of BAHB LTD t/a Uncharted Events

Three. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)

Within the scope of an intermediary service, Uncharted Events shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.

Furthermore, Uncharted Events shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s tourist services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorisation of Uncharted Events.

Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Supplier. Uncharted Events is not a contract party with regards to the tourist services offered on this booking Platform.

I. Uncharted Events Terms of Use

1. Who operates this website?

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by BAHB LTD t/a Uncharted Events. You can contact us by email (info@unchartedzante.com)

2. Application of these Terms of Use

These terms of use (the “Terms of Use”), together with our privacy policy (the “Privacy Policy”), apply to any use of the Website. Visitors of the Website (“User” or “you”) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

3. No offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the Uncharted

Zante Booking Platform and the supplier’s acceptance of the booking request according to the General Terms and Conditions of Uncharted Events.

4. No warranty

While Uncharted Events tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Uncharted Events may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterising it as such. Uncharted Events may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Uncharted Events does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Uncharted Zante does not guarantee that information available on the Website has not been altered through technical defects or by unauthorised third parties.

5. Limitation of liability

Uncharted Events excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused will-fully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

6. Third party content, links to other websites

Uncharted Events does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Uncharted Events does not recommend or endorse such content, and will not have any liability relating to it. Where Uncharted Events links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to info@unchartedzante.com.

7. Intellectual property rights

As between you and Uncharted Events, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

8. Amendments to the Terms of Use

Uncharted Events may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. Uncharted Events expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

9. Applicable law and jurisdiction

The law of the United Kingdom shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. II. Uncharted Events – User Terms and Conditions for the online offer of Uncharted Events Platform

10. Duties and obligations of the user

10.1The user shall keep the registration data (user login and password) secret and not allow third parties access to GetYourGuide Portal using his/her registration data. The user shall be accountable for all use of his/her user account on Uncharted Events Portal.

10.2 After receiving the service information, the user can send any orders to Uncharted Events for forwarding to the Supplier.

10.3 The user shall exempt Uncharted Events from third-party claims based on his/her use of the Uncharted Events Platform, unless they are the fault of Uncharted Events.

11. Availability and warranty

11.1 There is no claim for availability, quality or service features, or technical support for the Uncharted Events Platform. Uncharted Events can redesign, reduce or suspend their online portal Uncharted Events at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

11.2 Uncharted Events makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).

11.3 Uncharted Events makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.

11.4 Provided Uncharted Events does not have any obligation to the user, Uncharted Events also provides no guarantee.

12. Liability of Uncharted Events

12.1 If Uncharted Events has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realisation of corresponding agreements with Suppliers in line with the booking request of the user.

12.2 Without explicit agreement or an assurance of this kind, Uncharted Events is not liable for defects in the performance of the service and personal or material damage

incurred by the user in connection with the travel service provided, concerning the services provided.

12.4 The liability of Uncharted Events for contractual claims of the user is limited to three- times the price of the tourist services procured, except for:

liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by Uncharted Events or a vicarious agent of Uncharted Events.

liability of Uncharted Events for other damage incurred by the user due to a grossly- negligent breach of duty by Uncharted Events or a wilful or grossly-negligent breach of duty by a legal representative or vicarious agent of Uncharted Events.

12.5 For ordinary negligence, Uncharted Events is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.

12.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.

13. Termination

Users can cancel their registration on Uncharted Events Portal at any time by blocking their user account. Uncharted Events can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

14. Data protection

14.1 Uncharted Events collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Uncharted Events between the user and Uncharted Events.

14.2 If Uncharted Events is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.

14.3 Further information can be found in the data protection conditions of Uncharted Events at https://www.www.unchartedzante.com/privacy-policy/.

15. Changes to these General Terms and Conditions

15.1 Uncharted Events reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Uncharted Events will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of

the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Uncharted Events will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.

15.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.

16. Other provisions

16.1 These General Terms and Conditions represent the whole agreement between

Uncharted Events and the user. No additional agreements exist.

16.2 The law of England shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is England, provided the user is a tradesperson as per the English Commercial Code or does not have a permanent place of residence in England when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.

16.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.

Three. General Terms and Conditions of the Supplier of Events, Tours and other tourist services

Part Three of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Uncharted Events Platform. This also applies, if access to the Uncharted Events Platform is provided via a cooperating partner (sub- agent, distribution partner).

1. Arrival at meeting point and compliance with conditions

You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

2. Additional terms and conditions

If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.

3. Binding nature of the request

The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your offer within

this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.

4. Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.

5. Ticket Usage

For all Events & Excursions customers will be able to present their Mobile Ticket or PDF ticket directly at the Trip/Venue

6. Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

7. Unpaid services

If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you.

8. Cancellation guidelines

8.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. Uncharted Events advises the user to carefully read the information in the product description.

8.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be

charged by the Supplier of the tourist services.

Refunds of deposit payments or full amount payments are not possible. All sales are final. We can however issue a coupon or credit to use on an alternative date.

8.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.

8.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.

8.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

8.6 9.2b will overrule 9.2a, in the case of a cancellation.

9. Extraordinary cancellation

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.

10. Exclusion of participation

The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.

11. Changes to the program

Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

12. Further conditions

Further conditions or deviating conditions can be found in the respective tenders.

13. Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

14. Liability of the Supplier of the tour or the tourism service.

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

15. Change to these General Terms and Conditions.

These Terms and Conditions of the Supplier of tours and other tourist services of Part Three can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.