Terms of Use of SM Experiences
PREAMBLE
The SM Experiences website (and the SMExperiences application) is an online booking service for outdoor activities (hereinafter, the "Portal") published and operated by Mar y aventura SL, a Spanish company, with registered office at Pasaje Rámirez Nº. 11, Sant Cugat del Vallés, Barcelona, Spain; identified in the RCS Paris N°813 255 783 ("SM Experiences").
SM Experiences offers Portal users (hereinafter, the "Users") a service that connects Users who wish to search for and book an outdoor activity with qualified professional service providers who offer and supervise such activities (hereinafter, the "Providers") (hereinafter, the "Service"). The Portal's sole purpose is to connect potential customers, users, and providers, with the latter using the Service and providing their activities independently and under their sole responsibility.
The Company does not participate in any way in the contractual relationship established between individual Providers and Users for each and every confirmed booking.
GENERAL TERMS OF USE
These General Terms of Use (hereinafter, the "General Terms of Use" or "GTU") define the terms and conditions governing the use of the Service offered by SM Experiences.
These GTU will only cover the use of the Portal and the booking of Activities on the Portal by Users and will not apply to the performance of such Activities and services by the Providers.
SM Experiences reserves the right to modify these GTU at any time, without prior notice, with the understanding that such modifications will not apply to a booking that has already been confirmed by a Provider. Therefore, the GTU may be updated and modified at any time, and should be consulted periodically. They will apply from the moment of their update to any new use of the Service.
PLEASE NOTE:
The User acknowledges and accepts that browsing the Site, as well as using the functionalities and services offered by or on the Portal, and in particular booking an Activity through the Service, implies the express and prior acceptance of the GTU. In the event that a User does not fully or partially accept these GTU, said User will not be authorized to remain on the Portal and will not be authorized to use the Service.
MOST RECENT UPDATE OF THE GENERAL TERMS OF USE: 01 January 2025
ARTICLE 1 DEFINITIONS
In this document, terms and expressions identified with a capital letter will be understood as follows, whether used in the singular or plural.
"Activity": shall be understood as the outdoor activity or service offered for booking by a Provider on the Portal and, as the case may be, requested by a User through the Service.
"Application": shall be understood as the SM Experiences iPhone and Android applications of the Company, including, where applicable, updates and new versions thereof.
"Application Store": shall be understood as the application download platform, such as the Apple App Store or Google's Android Market, through which the User has downloaded the Application.
"Content": shall be understood as the information, texts, photographs, comments, and all other elements that Users may communicate to SM Experiences or enter directly on the Portal as part of the Provider evaluation tool.
"Contract": shall be understood as the contract formed between a Provider and a Client/User through an order on the Portal by the Client/User for an Activity (or a Gift Voucher) with a Provider, under the terms described in the "Bookings and Payment" article.
"User": shall be understood as a User, with a customer account, who has entered into a Contract with a Provider.
"General Terms of Use": shall be understood as this document, modified from time to time in accordance with the provisions of the "Modifications" article of this document.
"Gift Card": shall be understood as the variable value gift card that Clients can purchase on the Portal to offer an Activity not specifically identified to a beneficiary, who will later decide which Activity to book with said gift card.
"Gift Voucher": shall be understood as the gift voucher that Clients/Users can purchase on the Portal to offer a specifically identified Activity as a gift.
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