Terms and Conditions

The following Terms and Conditions (hereinafter referred to as “Terms”) contain rules on the legal relationship between Expago, Inc., a legal entity incorporated under the rules of Delaware, Unites States (hereinafter referred to as “Expago”) and You (hereinafter referred to as the “User”), including User’s rights and obligations, regulations on liabilities and resolution of disputes, other considerable clauses governing User’s access to and use of Expago’s websites, applications and services (such websites, applications and/or services, hereinafter referred to as the “Expago Platform”).

By accessing or using Expago Platform in any manner, User hereby acknowledges and agrees to comply with and be bound by the Terms, which constitute the legally binding agreement between Expago and User and govern User’s access to and use of the Expago Platform.

If User does not completely agree to the Terms, User must not access to or use of Expago Platform.

User acknowledges and agrees that, while accessing or using Expago Platform, User acts solely on his/her own behalf and for his/her own benefit, and not on behalf or for the benefit of Expago.

LAST UPDATED ON 20.06.2019

  1. ROLE OF TERMS
    1. The Terms constitute a binding legal agreement between User and Expago.
    2. The Terms govern User’s access to and use of Expago Platform, accessible at www.expago.com, www.expago.ge, booking.expago.com or any other website through which such access may be available, (hereinafter referred to as “Website”), and at applications, including but not limited to mobiles, tablets and other smart devices (hereinafter referred to as “Applications”).
    3. The Terms are effective from the very moment User accesses or uses Expago Platform, and in any case upon registration of User in Expago Platform.
    4. Any access to or use of Expago Platform, which contradicts or is in breach with the Terms, is expressly prohibited and must be discontinued immediately.
  2. ROLE OF EXPAGO
    1. Expago creates, manages and operates Expago Platform.
    2. Expago Platform is an online platform connecting Users who offer, provide, look for and take experiences and tours.
    3. Through Expago Platform, individuals who wish to provide experiences and tours (hereinafter referred to as “Guides”) may offer these experiences and tours, hereinafter referred to as “Tours”, and persons who wish to take these Tours (hereinafter referred to as “Tourists”) may do so according to their personal taste and interests, through directly communicating and transacting with Guides under the conditions provided in the Terms.
    4. When Users offer, provide, look for and choose Tours, they conduct and perform activities aimed at entering a binding legal agreement directly with each other.
    5. Expago is not a party to any agreement, contract, deal, arrangement, covenant, proposal or any kind of transaction between Users. Expago does not assume any liability for legal or regulatory compliance pertaining to offering or providing Tours, which is sole responsibility of each User.
    6. Expago does not create, sell, control, manage, operate, lead, advise or guide any tour or experience offered or provided on Expago Platform. Expago solely acts as a platform connecting Guides and Tourists.
    7. No joint venture, partnership, employment, agency or franchiser-franchisee relationship is created or exists between Users and Expago as a result of accessing or using Expago Platform, registering an account on Expago Platform (hereinafter referred to as “Account”), accepting the Terms and their consequent modifications, offering, providing, sharing, reserving, choosing taking, looking for, attending and participating in these Tours. Expago and Users are solely independent contractors.
    8. Even if Expago may try to facilitate the resolution of disputes between Users, Expago has no control over and does not warrant:
      1. the existence, the quality, the security, the appropriateness or the lawfulness of any posting or offer of a Guide;
      2. the correctness or accuracy of any content of any User; and
      3. the performance or the behavior of any User or of a third party.
    9. Expago does not approve any sharing, posting or review by a User. User must therefore always adopt due care and attention in deciding whether to request and take Tours offered through Expago Platform, accepting a reservation request by Tourist or communicating or interacting with another User during Tours.
    10. Expago Platform may contain links to websites or resources of third parties. Such services may be subject to terms and conditions that are different from the Terms. Expago is not responsible for the correctness or accuracy of any content on these websites and resources, nor does the presence of such links on Expago Platform constitute an endorsement by Expago of such websites or resources.
    11. Due objective reasons Expago cannot warrant the continuing accessibility and availability without any interruption of Expago Platform. Furthermore, Expago may limit the availability of Expago Platform or of specific areas or functionalities of the latter if such limitations are necessary in consideration of limitations of capacity, security or integrity of Expago servers or to operate maintenance interventions aimed at assuring correct or better functionality of Expago Platform.
  3. USER
    1. User must be at least 18 (eighteen) years old in order to register, access or use an Account.
    2. While registering, accessing or using Account, User represents and warrants that:
      1. User is eighteen (18) years or older;
      2. User has the required legal capacity and authority to acknowledge and agree to the Terms;
      3. User has the required legal capacity and authority to enter into agreements, contracts, deals, arrangements, covenants, proposals and any kind of other transactions with other Users;
      4. User provides accurate, current and complete information during the registration process and will keep this information up-to-date at all times;
      5. User is not located, and any Tour will not be provided, in a country subject to embargo or any relevant limitations by the Government of the United States; and
      6. he/she is aware that all costs of connection to the Internet are upon him/her.
  4. EXPAGO ACCOUNT
    1. In order to access and use specific functionalities of Expago Platform, including those that allow posting an offer of Tours and those that allow to choose these Tours, User must register and create an Account.
    2. User may not register more than one (1) Account in Expago Platform. User may use the Expago Platform both as a Guide and as a Tourist. Expago Platform includes both sub-modes and lets users easily switch the roles.
    3. User may not give access to User’s Account to any other person and may not disclose credentials of User’s Account to any third party.
    4. User may not transfer User’s Account to any other person.
    5. In case User gives someone access to User’s Account or fails to safeguard such Account or the information therein in adequate manner, User shall be directly responsible for any action, including but not limited to transactions that may be performed on such Account.
    6. User shall immediately notify Expago and change credentials of User’s Account if User reasonably believes that those credentials may have become known to any other person.
    7. Expago does not bear or assume any kind of responsibility for the confirmation of any User’s identity, as verifying the identity of the User on the Internet is a difficult task. Subject to the preceding, for purposes of transparency and fraud prevention, and within the limits permissible under applicable laws, Expago may, without any obligation do so:
      1. ask Users to provide a form of identification issued by a public authority or other information or perform additional controls aimed at verifying the identity or the personal credentials of Users; and
      2. perform controls on Users on databases of third parties or on other sources and request reports by service providers.
    8. Expago may subordinate access and use of Expago Platform or of specific areas or functionalities of Expago Platform to specific requirements and conditions, including without limitation completing a process of identity verification, satisfying specific criteria of quality or suitability, reaching a threshold of reviews or evaluations or specific conditions in the chronology of requests or cancellations.
    9. User may withdraw from the Terms by terminating his/her Account at any time in accordance with clause 16 of the Terms.
  5. COOPERATION WITH EXPAGO
    1. User agrees to assist and cooperate with Expago in a good faith manner, and to provide Expago with such information and take such actions as may be reasonably requested by Expago in connection with any issue arising from, relating to and connecting with access to or use of Expago Platform.
    2. User shall, upon request from Expago and at no cost to User, participate in mediation or a similar dispute resolution process with another User, which will be regulated and conducted by Expago or any third party selected by Expago, with respect to losses, damages and claims arising from, relating to and connected with accessing, using or entering into any transactions through Expago Platform.
  6. LICENSE TO, ACCESS TO AND USE OF EXPAGO PLATFORM
    1. Once registered on Expago Platform, User is granted by Expago a limited, revocable, non-exclusive, non-sublicensable license to access to and use of Expago Platform.
    2. Any access to or use of Expago Platform which does not aim to offer, provide, share, request, choose, look for and participate in Tours or otherwise contradicts or is in breach with the Terms is expressly prohibited and must be immediately terminated.
    3. User is not granted any right or license to any intellectual property right owned or controlled by Expago or by its licensors, unless expressly provided under the present Terms.
  7. CONTENT ON EXPAGO PLATFORM
    1. User may
      1. create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information concerning Tours on or through Expago Platform; and
      2. access and view any content, material and information that is made available on Expago Platform, including proprietary Expago content and any content licensed or authorized for use by Expago.
    2. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any content, material and information on Expago Platform, User grants to Expago a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection under applicable law), sub-licensable and transferable license to such content, material and information, including but not limited to storing, copying, modifying, preparing derivative works of, distributing, publishing, transmitting, streaming, broadcasting and otherwise exploiting such content, material and information in any manner, including but not limited to cases where divulgence of such content is required to conform to a legal procedure.
    3. Expago Platform and its contents may be entirely or partially protected by laws on copyright, trademark protection and/or by other laws. User acknowledges and accepts that Expago Platform and its contents, including all relevant intellectual property rights, are in the exclusive property of Expago and/or of its licensors.
    4. User may not remove, alter or obscure the information concerning copyright, trademarks, service marks or other information concerning intellectual property rights that may be quoted or present on Expago Platform and its contents. All trademarks, service marks, logos, commercial names and any other identification of Expago are in property of Expago. Trademarks, service marks, logos, commercial names and any other identification of third parties are used exclusively for identification purposes and may be in property of their respective owners.
    5. User is exclusively responsible for all contents posted or made available by User on Expago Platform. User therefore represents and warrants that:
      1. he/she has all rights, licenses, permits and authorizations needed to grant to Expago the right on and in relation to such contents, and
      2. neither the content uploaded, nor the fact of uploading, publishing, transmitting such content, nor its use by Expago will contravene, breach or otherwise violate patents, copyrights, trademarks, commercial secrets or other intellectual or industrial rights, or the privacy of third parties, nor will it entail the violation of any law or regulation in force.
    6. User may not publish, upload, transmit any content that:
      1. is fraudulent, false, deceitful (directly or due to omission to update the information);
      2. is violent or threatening or promotes violence or threatening actions toward other people;
      3. promotes activities or substances that are unlawful or harmful;
      4. promotes discriminations, intolerance, racism, hate toward groups or specific individuals;
      5. is defamatory, libelous, slanderous, obscene, pornographic, vulgar or offensive;
      6. includes unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
      7. contains computer viruses or any software aimed at interrupting, destroying, damaging or limiting the functionalities of any software or hardware or of Expago Platform; or
      8. is in violation of the Terms.
    7. Expago may, without prior notice, remove or disable access to any content uploaded by Users which Expago considers in violation of the Terms or that may be otherwise damaging or harmful or inappropriate for Expago, its Users or third parties.
    8. Users acknowledge and agree that, in case of dispute, the recordings of Expago will constitute proof of the facts therein represented.
  8. OFFERING TOURS
    1. Guide may offer Tours through creating and posting Tours on Expago Platform, which shall provide accurate, current and complete information on:
      1. category of the Tour,
      2. location of the Tour (city, country),
      3. name and description of the Tour,
      4. time availability of the Tour,
      5. respective Price for each and every Tour,
      6. Price for every additional person added by Tourist,
      7. Approximate duration of the Tour,
      8. Photos and videos describing the Tour, and
      9. Commercial enterprises, if any, which will be visited during the Tour.
    2. Guide has the exclusive right to autonomously set prices on Tours provided and offered by him/her.
    3. Once a Tourist choose the Tour offered by a specific Guide, such Guide may not change the price of the Tour chosen by such Tourist.
    4. By posting a Tour, Guide represents and warrants that he/she:
      1. is aware of and understands (having retained the services of a professional consultant if necessary), complies and shall comply (including without limitation in posting an offer of Tours on Expago Platform and in the actual provision of such services) with any and all laws, statutes, ordinances, rules and regulations (including without limitation those related to hygiene, safety, taxes, of an administrative and civil nature) that govern providing the respective Tours in the place where such services are provided;
      2. possesses all legal and administrative requirements, and has already delivered all required notices and obtained any and all governmental and municipal licenses, permits or registrations required to provide such Tours; and
      3. will offer, give, or serve alcoholic drinks only in accordance with the applicable regulations.
    5. Guide must be present during the Tour.
    6. Guide represents and warrants that all information provided in Tours is accurate, current and complete, and any inaccuracy, incompleteness or misrepresentations may result in liability for Guide.
    7. Guide expressly releases and discharges Expago from any or all liabilities and obligations arising from, relating to and/or connecting with any inaccuracy, incompleteness or misrepresentation in any of the Tours posted by Guide in Expago Platform.
    8. Guide is solely responsible for complying with all laws, statutes, ordinances, rules and regulations that apply to Tours provided by him or her. Expago shall under no circumstance be held responsible in the event of breach by a user of any applicable law, statute, ordinance, rule and regulation.
    9. By sending a booking request to Tourist, Guide acknowledges and agrees to be entering into a binding and legally valid contract with such Tourist and to be held to provide the respective Tour as specified in the posted Tour.
    10. Expago suggests that Guides enter into adequate insurance policies in relation to the risk of damage to premises where the Tours are to be offered, as well as to the risk of causing damage.
  9. REQUESTING TOURS
    1. Tourist may request Tours posted on Expago Platform by any Guide through following the respective requesting process.
    2. While requesting Tours, Tourist may add additional Tourists.
    3. If Tourist adds an additional Tourist, including a minor, Tourist represents and warrants that Tourist is legally authorized to do so and acknowledges and agrees that minors may participate in Tours only if accompanied by an adult who is responsible for them.
    4. Prior to choosing and requesting Tours, all applicable Fees (as defined in clause 11) will be displayed to Tourist.
    5. Before and during the Tour, Tourist shall adhere to Guide’s reasonable instructions.
    6. Within a certain deadline after the Tour service, Tourist may post a public review on Expago Platform concerning the Guide. Reviews must be correct and truthful and based on facts, and may not be defamatory or libelous in their content and in the language used. Each review reflects the opinion of the specific User who posted them and does not reflect the opinion of Expago. User acknowledges and accepts that reviews are not verified by Expago and may be incorrect or misleading. Expago reserves the right not to publish, in its sole discretion, any review, or to take it down from Expago Platform at any time if already posted.
  10. SENDING BOOKING REQUEST AND CONFIRMATION
    1. The tourist, who gets interested in a Тour, sends a request to a Guide, mentioning the date and the number of people to participate in the Тour.The Guide can either accept or decline the request for some reason (e.g. the number of people or date is unacceptable).
    2. If the Guide accepts the request of the Tourist on the respective Tour, a separate chat between Guide and Tourist is organized by Expago Platform, where they will discuss:
      1. exact time and date for the commencement of the Tour and the Tour itinerary
      2. address of the place where Guide and Tourist will meet and detailed description of directions to it.
    3. If Guide and Tourist agree on the issues enumerated in the clause 10.2., then Guide sends a final offer to Tourist providing the total price of the tour, what the price includes, the number of people, meeting point, date and time.
    4. The Tourist can either accept or decline the final offer.
    5. If the Tourist accepts the final offer, he/she gets the booking details in the chat and a legally binding agreement is formed between Guide and Tourist, subject to the Terms and any additional terms and conditions specified in the Menu.
    6. The Tour automatically starts at the time provided in the final offer.
    7. The tour request automatically closes on the Tourist’s preferred date, in case the Guide doesn’t send the final offer.
    8. The tour request automatically closes at 23:00 (11pm) on the date mentioned in the final offer, in case the Tourist does not confirm the final offer.
    9. The money is transferred to Guide within 5 business days after the Tour ends.
  11. FEES
    1. Upon Guide’s confirmation of the final offer, Tourist shall pay all applicable fees (hereinafter referred to as the “Fees”), including Service Fee under clause 10.2.
    2. Expago may charge a service fee on Tourist as consideration for Tourist’s use of Expago Platform (hereinafter referred to as “Service Fee”).
    3. Any applicable fee will be displayed to Tourist prior to choosing and requesting Tours, and Tourist shall pay those fees upon confirmation of the final offer.
    4. Fees are non-refundable, unless otherwise provided by the Terms.
    5. Stripe Inc. provides the sole method of payment for Fees on Tours offered and provided on Expago Platform. No other method of payment is available for Tours offered or provided on Expago Platform.
    6. Any monetary transfer between Tourist and Guide which bypasses Expago is prohibited, and will not free Guide and Tourist from their obligations hereunder, including but not limited to Tourist’s obligation to pay the Service Fee.
  12. TAXES
    1. Guide is solely responsible for determining Guide’s obligations to report, collect, remit or include in Guide’s Fees any taxes, including but not limited to applicable income taxes and VAT or other indirect sales taxes.
    2. Expago may be required by law to collect appropriate tax information from Guides, or to withhold taxes from payouts to Guides, or both.
    3. If Guide fails to provide Expago with any required tax documentation, Expago reserves the right to freeze all payouts, to withhold such amounts as required by law, or to do both, until resolution.
  13. CANCELLATIONS AND REFUNDS
    1. If User needs to cancel a confirmed booking, User must cancel it as soon as possible.
    2. If Tourist cancels a confirmed booking more than forty-eight (48+) hours prior to the commencement of the respective Tour, Expago will reimburse one hundred percent (100%) of the Fees collected from such Tourist.
    3. If Tourist cancels a confirmed booking within the time period starting from the last forty-eight (48) hours to twenty-four (24) hours before the commencement of the respective Tour, then Expago will reimburse fifty percent (50%) of the Fees collected from such Tourist, the remaining fifty percent (50%) taken out twelve percent (12%) will be reimbursed to the Guide while twelve percent (12%) - to Expago, unless any special circumstances specified in clause 13.7 occurs.
    4. If Tourist cancels a confirmed booking within the last twenty-four (24) hours before the commencement of the respective Tour, Expago will not reimburse any part of the Fees collected from such Tourist, the Guide will get the whole tour price (the price set by the Guide). Expago will get its service fee twenty-four 24%, unless any special circumstances specified in clause 13.7 occurs.
    5. If Guide cancels a confirmed booking, Tourist will receive a full refund of the Fees for the reservation irrespective of the exact timeframe when the Guide cancels the confirmed booking. In addition, Expago may limit the possibility of the Guide to send booking requests for the same Tour, unless any special circumstance specified in clause 13.7 occurs.
    6. Expago may, in its sole discretion, decide to cancel a confirmed booking and make appropriate refund and payout decisions in certain circumstances, including, but not limited to the following cases:
      1. if any of the special circumstances specified in clause 13.7 occurs;
      2. if Expago believes in good faith, while taking the legitimate interests of both Guide and Tourist into account, that such cancellation is necessary to avoid significant harm to Expago, to other Users, to third parties or to their respective property; and
      3. for any other reason set out in the Terms.
    7. For the purposes of clause 13, the following are considered special circumstances:
      1. death or serious illness of Guide, Tourist or of an immediate family member;
      2. injury that restricts Tourist’s ability to travel or Guide’s ability to provide Tours;
      3. severe property damage or unforeseen maintenance issues that directly impact the ability to provide Tours;
      4. significant natural disasters or severe weather incidents impacting the location of destination or location of departure of Tourist;
      5. urgent travel restrictions or severe security advisories issued after the time of acceptance of the reservation by Guide, by an appropriate national or international authority;
      6. endemic disease declared by a national or international authority; and
      7. any other unpredictable and irresistible event which Expago will classify as an extenuating circumstance.
    8. Stripe, Inc. submits refund requests to customer’s bank or card issuer immediately. Customer sees the refund as a credit approximately 5-10 business days later, depending upon the bank. Once issued, a refund cannot be canceled. Disputes and chargebacks aren’t possible on credit card charges that are fully refunded.
  14. FORBIDDEN ACTIVITIES
    1. User acknowledges and agrees to be exclusively responsible for observing any law, statute, ordinance, rule, regulation and tax obligation that may apply to User’s access to and use of Expago Platform.
    2. In addition to other limitations contained in the Terms, User may not access to or use of Expago Platform, nor allow other persons to do so, to:
      1. breach, violate or elude the Terms, or any applicable law, statute, ordinance, rule, regulation, or any agreement, contract, deal, arrangement, covenant, proposal or any kind of transaction with third parties,
      2. violate any right of Expago, any User or third party;
      3. use Expago Platform or its contents for any commercial use or any use not expressly allowed under the Terms or in a way that falsely claims the approval or the participation of Expago or that otherwise implies an affiliation of User with Expago;
      4. copy, adapt, transmit, display, perform, prepare or create derivative work of, reproduce, publish, adapt, broadcast, sell, transfer, distribute, license or otherwise exploit Expago Platform, including any content thereof, material and information available in it unless and to extent User is permitted to do so by the Terms, unless User is the legal owner of certain content;
      5. copy, memorize, access or use any information, including the personal identification information of other Users, contained on Expago Platform in any way that is in conflict with Expago’s Privacy Policy or with the Terms or that otherwise violates the right to privacy of Users or of third parties;
      6. use Expago Platform in relation to the distribution of unsolicited commercial messages (“spam”);
      7. include personal information of another person that can be used to identify or contact that person;
      8. offer or provide, as Guide, any Tours that the Guide may not offer;
      9. request any Tours if Tourist has no intention of personally using the Tours of Guide;
      10. contact another User for any purpose other than requesting information in relation to Tours posted or offered through Expago Platform, including without limitation for the purpose of inviting or soliciting any User to use services, applications or websites of third parties;
      11. use Expago Platform to request, provide or take a Tour independently of Expago Platform, in order to avoid Fees or for any other reason;
      12. request, accept or make any payment for Tours offered on Expago Platform outside of Expago Platform. In such circumstances the User acknowledges and accepts that: he/she is breaching the Terms, he/she accepts all risks and responsibilities related to such payment, and he/she shall hold Expago harmless from any consequence thereof;
      13. discriminate or molest any individual on the basis of his/her race, national origin, religion, gender, identity, inability, medical condition, marital status, sexual orientation or otherwise behave in such a way to abuse or disturb;
      14. use, visualize or make accessible through mirroring or framing techniques Expago Platform or its contents, including without limitation its design or layout, without the express written consent of Expago;
      15. damage the Expago trademark in any way, including without limitation by registering or using such trademark or any derivative terms thereof in any way;
      16. using any robot, spider, crawler, scraper or other automated processes or means to access Expago Platform, collect data or other content from the same or to interact with Expago Platform in any other way;
      17. elude, remove, deactivate, avoid, damage, decode or try to elude in any way any technological measure implemented by Expago or by any of its suppliers or third parties to protect Expago Platform;
      18. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
      19. deep-link to any portion of Expago Platform without Expago’s express written permission;
      20. try to decode, remove or decompile any software used to provide Expago Platform; and
      21. perform any action that may damage or negatively influence the performance or the correct functions of Expago Platform.
    3. User acknowledges and agrees that Expago has no obligation to monitor access to or use of Expago Platform by any User, nor to examine, limit or monitor access or any content posted by Users, but has the right to do so with the aim of:
      1. managing, making secure and improving Expago Platform;
      2. assure the observance of the Terms by Users;
      3. comply with applicable laws, statutes, ordinance, rules, regulations or with an order or requirement of a court, administrative agency or other governmental body;
      4. address contents uploaded by Users that it considers damaging or inappropriate; and
      5. as otherwise provided under the Terms.
  15. MODIFICATION OF THE TERMS
    1. Expago may unilaterally change or otherwise modify the Terms at any time upon its sole discretion.
    2. Any modification to the Terms becomes effective upon being posted on Expago Platform.
  16. TERMINATION OF ACCOUNT
    1. User may immediately, terminate his/her participation in Expago Platform through sending an e-mail to terminate@expago.com with "Terminate Account" subject line.
    2. In case a User terminates his/her Account as a Guide, any confirmed booking will be automatically cancelled and Tourist will receive a complete refund.
    3. If User terminates his/her Account as a Tourist, any confirmed booking will be automatically cancelled and any reimbursement will be governed by clauses 13.2, 13.3, 13.4 and 13.5 of the Terms.
    4. Expago may immediately, without prior notice, terminate the User’s Account in its own discretion, or adopt other measures (i.e. deleting any offer or content posted, cancelling any confirmed booking, limiting access or use of Expago Platform by User, or temporarily suspending the Account), including but not limited to the following cases:
      1. User has committed a material breach of User’s duties or obligations under the Terms,
      2. User has violated any applicable law, statute, ordinance, rule, regulation, order or ruling of a court or administrative agency, the rights of Expago, of other Users or of third parties;
      3. User has provided inaccurate, fraudulent, or incomplete information to Expago at any stage, including while registering User’s Account;
      4. User has repeatedly cancelled confirmed booking;
      5. Guide has provided or Tourist has used Tours posted on Expago Platform without using the latter;
      6. User has repeatedly received poor ratings; or
      7. Guide has repeatedly failed to respond to booking requests without a valid reason.
    5. Expago may in any case and in its own discretion terminate User’s Account by giving to User thirty (30) days' prior notice through sending an e-mail to User’s registered e-mail address.
    6. If Expago exercises its powers under clauses 16.4 and 16.5, the refund for any confirmed Tours will be regulated under clause 13.2, 13.3, 13.4 and 13.5 of the Terms.
    7. If User’s Account was terminated by Expago, User may not register a new Account on Expago Platform, access to or use Expago Platform or services provided by Expago through the Account of another User without the prior written approval of Expago.
  17. DISCLAIMERS
    1. If User accesses to or uses Expago Platform, User does so voluntarily and at User’s sole risk.
    2. To the maximum extent permissible by law, Expago Platform, including any content, material and information available in it, is provided “as is”, without any kind of representation or warranty, either express or implied.
    3. Starting from the very same moment of accessing and using Expago Platform, and in addition to other representations and warranties contained in the Terms, User represents and warrants that:
      1. User has had whatever opportunity which may be reasonably required to investigate all laws, statutes, ordinances, rules and regulations applicable to accessing and using Expago Platform, and providing and requesting Tours;
      2. User complies and shall comply with all laws, statutes, ordinances, rules and regulations applicable to providing Tours;
      3. User has voluntarily and solely chosen to assume any inherent risk which accessing and using Expago Platform may carry;
      4. User will not hold or seek Expago responsible for any content, material and information provided in Expago Platform.
    4. The foregoing disclaimers apply to the maximum extent permissible by law.
  18. LIABILITY
    1. In addition to other limitation of liability contained in the Terms, and to the maximum extent permissible by law, neither Expago nor any of its affiliates, subsidiaries, associates, officers, directors, managers, members, employees, attorneys, agents, representatives will be held liable for any and all damages, costs, liabilities, including, but not limited to any incidental, special, exemplary or consequential damage and including lost profits, personal or bodily injury, emotional distress, which may arise from, relate to or be connected with:
      1. the Terms; and
      2. use to or access of Expago Platform, including but not limited to any and all Tours, communications, interactions or meetings as a result of such use or access.
    2. Tourist acknowledges that participating in Tours offered by Guide may entail intrinsic risks, and by taking part in Tours Tourist chooses to voluntarily assume such risks. Tourist assumes full responsibility for all choices he/she makes before, during and after his/her participation in the respective Tour.
    3. If Tourist brings with him/her a minor as additional Tourist, Guide acknowledges and agrees to be exclusively responsible for supervising such minor for the whole duration of the Tour and agrees to release, indemnify and hold harmless Expago, to the maximum extent permissible by law, from any and all damages, costs, liabilities, including, but not limited to any incidental, special, exemplary or consequential damage and including lost profits, personal or bodily injury, emotional distress incurred by such minor or by third parties during the respective Tours.
    4. In addition to the above, and for the avoidance of doubts:
      1. Expago is under no obligation of performance or any obligation of best endeavor in relation to the functioning of Expago Platform; Expago may therefore under no circumstances be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or destruction or unauthorized action, nor for any alteration to communication with any User;
      2. Expago shall under no circumstance be held responsible toward any User for the smooth running and/or the satisfactory outcome of Tours;
      3. Under no circumstance shall Expago guarantee the relevance and/or the veracity and/or the comprehensiveness of the information exchanged in the context of Expago Platform;
      4. Expago shall under no circumstance be held responsible for a fault committed by Users, including if this fault is committed in the context of use of Expago Platform.
    5. If User resides in the European Union, as exception to the above, Expago may be held responsible under applicable law in cases of willful misconduct and gross negligence.
  19. INDEMNIFICATION AND RELEASE
    1. User agrees to indemnify, defend and hold Expago, its affiliates, subsidiaries, associates, officers, directors, managers, members, employees, attorneys, agents, representatives harmless from and against any and all claims, complaints, causes of actions, demands, liabilities, losses, recoveries, damages, costs, fees, fines, penalties and expenses of any kind or nature which arise from, relate to or are connected with:
      1. a violation of any applicable law, statute, ordinance, rule, regulation, order or ruling of a court or administrative agency;
      2. a violation of any right of Expago, any User or third party;
      3. a breach of the Terms; and
      4. any improper use of Expago Platform.
    2. To the maximum extent permissible by law, User agrees to release, remise and forever discharge Expago, its affiliates, subsidiaries, associates, officers, directors, managers, members, employees, attorneys, agents, representatives from any and all claims, complaints, causes of actions, demands, liabilities, losses, recoveries, damages, costs, fees, fines, penalties and expenses of any kind or nature which arise from, relate to or are connected with using or accessing Expago Platform.
  20. GOVERNING LAW
    1. The Terms and any non-contractual obligations of any kind or nature which may arise from, relate to or be connected with the Terms or with using or accessing Expago Platform, including but not limited to any Tours, communications, interactions or meetings as a result of such use or access, are construed, governed by and take effect in accordance with the law of the State of Delaware, U.S.A., to the exclusion of any other law which may be imputed in accordance with Choice of Law Rules applicable in any jurisdiction, unless the regulations on consumer protection of the State where the respective User resides provide mandatory rules which this provision may not supersede.
    2. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
    3. Unless the exception provided under clause 20.1 applies, the resolution of any dispute between Expago and Users will be subject to arbitration to be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules and with the exclusive power of the arbitrator to rule on any objections with respect to the existence, scope, or validity of this clause or to the arbitrability of any claim or counterclaim. If User resides in the European Union and is a consumer, as exception to the above, Expago may be convened by User in front of the judicial authorities of the place of residence or domicile of such User; in addition, the European Commission provides a platform for the online resolution of disputes, which may be accessed through the following link: https://ec.europa.eu/consumers/odr/
    4. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class or consolidated action, unless the exception provided under clause 20.1 applies.
  21. MISCELLANEOUS PROVISIONS
    1. Assignment. User may not assign, transfer, charge or deal in any other manner with the Terms or any of his/her rights under them, nor purport to do so, nor sub-contract any or all of his/her obligations under the Terms without having obtained the prior written consent of Expago. Expago may without restriction assign, transfer, charge or deal in any other manner with the Terms or any of its rights under it, purport to do so, sub-contract any or all of its obligations under the Terms, at its sole discretion, with 30 days prior notice to User.
    2. Entire Agreement. The Terms constitute the entire agreement between Expago and User with the respect to accessing to and using of platform and supersede, revoke and cancel any and all agreements, provisions, understandings, arrangements, discussions, negotiations, correspondence, proposals, written or oral exchange of information, consultations, electronic messages and any other means of communication between Expago and User, whether written, recorded or oral, preceding or contemporaneous to the day of accessing to or using of Expago Platform by User.
    3. Severability. If any provision of the Terms becomes or is declared illegal, invalid, or unenforceable, such provision will be divisible from the Terms and will be deemed to be changed by a legal, valid, enforceable provision that most closely matches the intent of the original provision. If such change is not possible, the respective provision will be deemed deleted from the Terms.
    4. Headings. Headings are inserted for convenience only and are not to be considered when interpreting the Terms.
    5. Gender. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
    6. Third Parties. The Terms do not and shall not be deemed to confer upon any third party any right to claim damages, to bring suit, or to initiate any other proceedings against Expago because of any term contained in the Terms.
    7. Enforcement and Waiver. The failure of either party in any one or more instances to insist upon strict performance of any of the Terms, shall not be construed as a waiver of the right to assert any such terms and provisions on any future occasion or of damages caused thereby.
    8. Performance. Parties agree to do everything necessary to ensure that the Terms take effect.
  22. EXPAGO CONTACT INFORMATION
    1. Expago may be reached via e-mail at gamarjoba@expago.com, or by post at 12400 Ventura Blvd # 390, Studio city, 91604, California, United States.

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