General conditions of use

HUMANIZANDO EL OCIO, S.L. (hereinafter GROUP-E) is the owner of the GROUP-E App (hereinafter the App), a mobile application by means of which users can publish plans they have in mind and how to discover plans proposed by other users of the platform. These plans are displayed by affinity between their creator and the existing users (hereinafter Groupers).

• Owner: HUMANIZANDO EL OCIO, S.L.
  
• Tax I.D. (NIF) number: B-44873511
  
• Address: Avda. De La Paz 1 Local 3- (Edificio Canary Islands, Local E (Ibiza,     Balearic Islands, Spain))
  
• Contact email address: info@group-e.app

1. Acceptance of the general conditions of use

By accessing, viewing or using the materials, content or services accessible through the App, you hereby declare that you understand and accept these General Conditions of Use that define GROUP-E and the Grouper’s rights and duties for the procurement of organisational services and participating in shared plans.

You must register and accept these General Conditions of Use in order to procure the services provided by GROUP-E.

2. Purpose of the APP

GROUP-E has developed this App to provide Groupers with a service for organising and searching for plans that can be shared with other Users.

You are hereby informed that said activities and any transport required to enjoy them must be handled by the Groupers themselves. Therefore, GROUP-E CONFINES ITS ROLE TO PROVIDING A RESERVATION SERVICE THROUGH THE APP FOR ACTIVITIES AND PLANS THAT WILL BE EXECUTED DIRECTLY BY THE USERS.

GROUP-E will confine its intervention to providing its App as an online platform on which Groupers can offer their plans and access those of other Groupers. The plans will be managed entirely by the Groupers. 

GROUP-E will act exclusively as an intermediary between the Users, limiting its activity to forwarding the relevant booking data and sending the Grouper an email to confirm the reservation.

The information shown by GROUP-E on the App for provision of the services is based exclusively on data provided by the Groupers.

3. Registration in Group-e

As a User and data subject, you will need to submit your personal data to enable GROUP-E to offer you the customised plans and permit you to offer your own plans to other Groupers.

You may also create a Grouper Account by filling in the registration form that GROUP-E places at your disposal. You will use the account to create a profile including a private area through which you will be able to manage all the activity bookings that you make through the App.

By accepting these General Conditions of Use, you declare that the identification data you provide are true, accurate, up-to-date and complete. Accordingly, you will be responsible for the accuracy of the data submitted to GROUP-E and for any consequences that may arise from errors in the same.

Groupers assume full responsibility for use of their accounts. Consequently, you will be responsible for proper custody and confidentiality of your username and/or passwords that enable access to your account and undertake to refrain from assigning temporary or permanent use of the access data to third parties or access of the same to the App.

In accordance with the above, as a Grouper you must immediately notify GROUP-E of any improper use of your username and/or password due to circumstances such as theft, loss or unauthorised access to the same by writing to the email address info@group-e.app to enable GROUP-E to cancel, block or disable the account as soon as improper use of the access data is brought to our knowledge. GROUP-E declines all liability that may arise from improper use of usernames or passwords by unauthorised third parties until we have been notified of the facts.

4. Specific conditions for booking plans

The bookings that each Grouper makes through the App are subject to the specific terms and conditions applicable to each plan or activity and which are established in the description of the same. You can also find these terms and conditions in the confirmation email that GROUP-E sends once a booking has been made.

4.1. General conditions applicable to all bookings

• All dates and times associated with plans and/or activities published in the App have been set by the Grouper to whom they belong and cannot be changed or altered in any way by other Groupers.
• You may change your booking details provided that the conditions of the activity so permit. To do so, you may access the booking through a link provided in the booking confirmation email or directly in the panel in the Feed section of your Grouper Account.

4.2. Specific conditions related to the information of booked activities, excursions and/or guided tours

The meeting point, date, time, duration and all other information required to enjoy the activity is set forth on each activity’s description sheet and also in the confirmation email that GROUP-E sends to the Grouper to confirm the booking

In addition to providing comprehensive information about the service in question, GROUP-E may also provide the Grouper with a booking receipt or voucher in the confirmation email for the activity.

Punctuality is essential; since the activities are scheduled to begin at a particular time and it may not be possible to delay the start, you must arrive at the meeting point on the date and at the time indicated on the activity description sheet.

The activity duration times published in the App are for guidance only; they may vary slightly due to factors inherent in the activities themselves or for reasons beyond the control of the GROUP-E Groupers involved such as adverse weather conditions, traffic problems, strikes, etc.

If you have any queries about the activity you have booked, especially about the meeting point, you may contact the organisers on the forum enabled for the purpose once you have arrived at your destination.

5. Price and form of payment

GROUP-E services shall be understood to have been procured one the Grouper has confirmed their participation by filling in the descriptive sheet available on the App.

The prices shall be those indicated by the user-organiser on accepting the booking. GROUP-E does not set the prices or accept money on behalf of the former. All services must be confirmed immediately on acceptance and all payments shall be made directly to the organiser.

After making the booking, Groupers will receive a confirmation email that will also contain the booking voucher as proof of procurement.

In the event of improper or fraudulent charges on the booking sheet, please notify GROUP-E at the email address info@group-e.app as soon as possible so that we can take the appropriate steps.

6. Cancellation policy

GROUP-E declines all responsibility for the absence of booked Groupers at the events. The user-organisers and grouper-participants are fully and exclusively responsible for any cancellations and absences that may occur.

PURSUANT TO THE ABOVE, YOU ARE INFORMED THAT BY ACCEPTING THESE GENERAL CONDITIONS OF USE, YOU EXPRESSLY DECLARE THAT YOU HAVE READ THIS CANCELLATION POLICY AND ACCEPT THE PARTICIPATION AND CANCELLATION CONDITIONS OF THE ACTIVITY YOU HAVE BOOKED.

7. Conduct of the APP

By accessing the App and using the services available on the same, you undertake to make lawful, diligent, honest and appropriate use of the information or content that you access thereon, acting in good faith and respecting the currently applicable legislation and these General Conditions of Use at all times. Prohibited conduct includes, but is not limited to, the following:

1. Registering under false pretences or submitting untrue, inaccurate, incomplete or obsolete data and/or accessing the App using the access data or password of a third party or engaging in phishing;
2. Using the App for fraudulent purposes or those related to criminal offenses or illegal activities of any kind;
3. Entering and propagating computer viruses that could damage the App in any way;
4. Creating a profile or using the App to post illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening content of any kind or material that breaches copyright, intellectual property rights, confidentiality and privacy policies or any other right or that is libelous or objectionable to third parties in any other way;
5. Downloading, forwarding or otherwise distributing content or applications that may constitute a breach of the applicable legislation or infringe any other third-party right.

In the event of improper use of the App as defined in the provisions of this clause, GROUP-E reserves the right to deny access to the App or cancel the Grouper’s account.

8. Waiver

1. Cancellations by Groupers; under no circumstances whatsoever will GROUP-E agree to return money paid to a user-organiser;
2. Delays or errors committed by the Groupers when travelling to the meeting point of the activity, which means that GROUP-E will decline all responsibility if the Grouper misses the booked activity or transport to or from the same due to unpunctuality or any other reason for their failure to be at the agreed meeting point at the stated time;
3. Refusal by the organiser to allow the Grouper access to the activity;
4. Damage to and/or theft of Groupers’ property during the activity booked through GROUP-E;
5. Injuries, loss and damage and accidents that the Grouper may suffer during the activity or prior to the same and that prevent said Grouper from enjoying the activity in question;
6. Meteorological conditions in which the organiser conducts the activities booked by the Groupers;
7. The quality and suitability of the activity booked by the Grouper;
8. Cases in which the activities are completed with respect to all the points of interest included in the same shall be held to have been duly provided even though – for reasons not attributable to the organiser or to GROUP-E – the duration is slightly shorter than announced;
9. Complaints and claims regarding the activity booked by the Grouper that must be managed with the user-organiser of the activity, without prejudice to any aid that GROUP-E may provide to the Grouper to address their claims.
   the user-organisers’ tax-related duties in connection with provision of the activities: GROUP-E declines all liability whatsoever for the organiser’s tax situation.

Nor does GROUP-E grant Groupers any warranty with respect to the App and declines all responsibility for any loss or damage that may occur as a consequence of using the same.

GROUP-E declines all responsibility for acts or omissions including, but not limited to, the following:

1. Lack of availability, maintenance and effective operation of the App and/or the services or content it provides and for any loss and damage derived from said lack of availability or continuity;
2. Technical failures attributable to third parties or to force majeure that prevent the proper operation of the App;
3. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the App as a result of Internet network outages, acts or omissions of third persons or any other cause or circumstance beyond the control of GROUP-E that impedes normal use of the App;
4. Illicit, negligent, fraudulent use of the App by Groupers in breach of the principles of good faith and the terms of these General Conditions of Use.

9. Intellectual Property

All rights over the App’s content, design and source code including, but not limited to, all rights over photographs, images, texts, logotypes, designs, brands, trademarks, data contained in the App and any other intellectual property rights are owned by GROUP-E or are property of third parties who have expressly consented to their use in the App.

For this reason, and pursuant to the provisions of Royal Legislative Decree 1/1996 of 12 April that approves the consolidated text of the Intellectual Property Act that regulates, clarifies and harmonises the current legal provisions on the matter and of Act 17/2001 of 7 December on Trademarks and complementary intellectual property-related legislation, full or partial reproduction, transmission, adaptation, translation, distribution and public disclosure and dissemination including the method of making the content of the App fully or partially available on any medium and by any technical means whatsoever are expressly prohibited without the express written consent of GROUP-E.

GROUP-E has not granted any licence or consent for use of any kind whatsoever over its intellectual property rights or over any other property or right related to the App. Under no circumstances should access and browsing by the Groupers be construed as implying a waiver, transfer, license or full or partial assignment of said rights by GROUP-E.

Any use of these contents by the Grouper without the prior written consent of the owner will constitute a serious breach of intellectual property rights and will give rise to the appropriate legal action.

10. Amendments

GROUP-E reserves the right to amend these General Conditions of Use as often and to the extent that it deems appropriate, in which case Groupers will be informed in advance. Amendments will enter into force as of publication in the App.

11. Severability

If any of the provisions of these General Conditions is declared by final judgement of a court of law to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. In this case the invalid, illegal or unenforceable clause or clauses shall be replaced by others, worded differently, that preserve the essential meaning and effects intended by the authors.

12. Jurisdiction and applicable legislation

These General Conditions of Use shall be governed by Spanish Law. The parties, expressly waiving any other jurisdiction to which they may otherwise be entitled, hereby agree that any dispute that may arise with respect to the interpretation, validity or execution of this document shall be submitted to the law courts of the User’s place of residence.

Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, you are hereby informed that if you are a resident of the European Union and have a complaint about the service provided on our website, you may contact the Online Dispute Resolution Platform provided by the European Commission for extrajudicial resolution of the dispute concerning service provision by GROUP-E.

You can access the Online Dispute Resolution Platform through the following link: http://ec.europa.eu/consumers/odr/