Terms and Conditions

These terms and conditions comprise our terms of sale (detailed below at (A)), terms of website use (detailed below at (B)) and mobile application license terms (detailed below at (C)).

(A) Our terms of sale

1. Interpretation

Intellectual Property Rights means database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights which subsist or will subsist now or in the future, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Itinerary means the itinerary supplied electronically and/or as a pdf, or which can be viewed on our website or mobile app, and which we create for you in line with the Request Form which you have completed and other information which you have supplied to us in respect of the same.

Request Form means the form completed and submitted to us in order to produce the Itinerary.

Service means the services provided by us for the creation and supply of the Itinerary.

2. These terms

2.1 What these terms cover. These are the terms and conditions on which we supply products to you whether these are services or digital content.

2.2 Why you should read them. Please read these terms carefully before you submit your payment for the Service. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

3. Information about us and how to contact us

3.1 Who we are. We are Explorer Plan Limited a company registered in England and Wales. Our company registration number is 10913862 and our registered office is at 16 Charles II Street, London, SW1Y 4NW (“EP” also referred to as “We” or “we”). Our registered VAT number is 298 4165 57.

3.2 How to contact us. You can contact us by writing to us at [email protected] or 79A Broomwood Road, SW11 6JN, London, United Kingdom.

3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. There is also a built in chat inside the app that we may use to be in contact with you.

3.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

4. Our contract with you

4.1 Your contract for products

4.2 How we will accept your Itinerary order. Our acceptance of your Itinerary order will take place once:

   (i) you have completed and submitted the Request Form;

   (ii) payment has been made; and we ha

   (iii) We have emailed you to confirm receipt of payment and confirmation that we can build your Itinerary,

at which point a contract will come into existence between you and us.

4.3 If we cannot accept your Itinerary order. If we are unable to accept your Itinerary order, we will inform you of this in writing and will not charge you for the Service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Service.

4.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

5. Your rights to make changes

If you wish to make a change to the final Itinerary you have been supplied with (and which has been signed off by you) please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Itinerary, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the Service. We may change the Service:

   (a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service.

6.2 More significant changes to the Service and these terms. In addition, we may make more significant changes to the Service, but if we do so we will notify you and you may then contact us to end the contract or your purchase under the contract, before the changes take effect and receive a refund for any Itinerary paid for but not supplied.

7. Providing the Service

7.1 When we will provide the Itinerary. We will supply your Itinerary once the Service is completed. This usually takes around 7 days to have a finished Itinerary from the moment you submit the Request Form, subject to how many changes you request.

7.2 We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Service you have paid for but not received.

7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Service to you, for example, preferences of food or hobbies. We will contact you in writing up to two times to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 10.2 will apply). We will not be responsible for supplying the Service late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

   (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 11;

   (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

   (c) If you have just changed your mind about the Service, see clause 8.3 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

   (a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 6.2);

   (b) we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;

   (c) there is a risk that supply of the Service may be significantly delayed because of events outside our control; or

   (d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 may apply to your contract with us for the Service and are explained in more detail in these terms.

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of the Service, once these have been completed, even if the cancellation period is still running;

8.5 How long you have to change your mind. You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Service you cannot change your mind, even if the period is still running. If you cancel after we have started the Service, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the Service, you have paid for them and we have supplied the relevant Itinerary to you. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

   (a) Email. Email us at [email protected] Please provide your name, email address used to purchase the Itinerary and your order number.

   (b) By post. Write to us at 79A Broomwood Road, SW11 6JN, London, United Kingdom , including details of what you bought, when you ordered or received it and your name, email address used to purchase the Itinerary and your order number.

9.2 How we will refund you. We will refund you the price you paid for the Service by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 Deductions from refunds if you are exercising your right to change your mind. We may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the Itinerary we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract .

10.3 We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 7 days in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the Service

11.1 How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can write to us at [email protected] or 79A Broomwood Road, SW11 6JN, London, United Kingdom.

11.2 Your legal rights. Nothing in these terms will affect your legal rights.

11.3 The Service will not be considered to be faulty or not in conformity with your contract simply because you do not like or want any item or recommendation in the Itinerary.

12. Price and payment

12.1 Where to find the price for the Service The price of the Service (which includes VAT) will be the price indicated on the order pages when you placed your Itinerary order. We take all reasonable care to ensure that the price of the Service advised to you is correct.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.

12.3 When you must pay and how you must pay. We accept payment by the credit and debit cards listed on the payment section of the website. You must pay the full price for the Service upon placing your order. We will charge you using the details you enter upon checkout.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the Service of satisfactory quality, fit for any particular purpose made known to us

13.3. We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 Third party responsibilities for loss or damage. Subject to clause 13.1 and 13.2, we are not responsible for any loss or damage caused by any activities or services provided by third parties (such as those which we make bookings with on your behalf in respect of producing your Itinerary).

14. How we may use your personal information

14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found here: www.explorerplan.com/privacy-policy

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We will not unreasonably withhold our agreement.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If any dispute arises in connection with this agreement and such a dispute is not resolved by negotiation between the parties within 30 days of the dispute arising, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.

(B) Terms of website use

What’s in these terms?

These terms tell you the rules for using our website https://www.explorerplan.com/ (our site).

Who we are and how to contact us

https://www.explorerplan.com/ is a site operated by Explorer Plan Limited (“We” or “we”). We are registered in England and Wales under company number 10913862 and have our registered office at 16 Charles II Street, London, SW1Y 4NW, United Kingdom. Our main trading address is 79A Broomwood Road, London, SW11 6JN, United Kingdom. Our VAT number is 298416557.

To contact us, please email [email protected]

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on [email protected]

Our responsibility for loss or damage suffered by you

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms of sale (the details of which are set out at section A above).

Consumer use:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy which can be found here: https://www.explorerplans.com/privacy-policy/

Uploading content to our site

If ever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the conditions set out in these terms of use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or causes offence.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms and conditions.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

Any content you upload on our site shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to such material. When you transmit, post or share content on our site, you grant us and our assignees a worldwide, non-exclusive, royalty free transferable and sub-licensable licence to copy, disclose, modify, prepare derivative works of, distribute, incorporate and otherwise use (or not use, as the case may be) such content and all data, images, sounds, text and other things embodied therein for any and all non-commercial or commercial purposes (including but not limited to advertising, promotion and sale) (“Licence“).

Unless it has already terminated for reasons such as those set out in these terms of use, the above Licence shall terminate where

  • Your content is deleted off the site by you or us; or
  • Your online account is terminated.

You warrant, represent and undertake to us that you have (and will continue to have whilst your content remains posted on the site) all necessary licences, rights, consents, and permissions which are required to enable us to use or display your content in the manner contemplated by the Licence.

You hereby agree that by uploading or releasing any data on or via the site, you acknowledge that you are wilfully providing the same. You understand that if you release your personal details or initiate contact on the site, you do so at your own risk and by doing so you will forfeit your privacy and anonymity to the extent necessary to utilise the interactive services. We may release our website users’ information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

Acceptable use standards

We will do our best to assess any possible risks for our website users from third parties when they use any interactive services provided on our site, and we will decide in each case whether it is appropriate to moderate the relevant interactive service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive services we provide on our site and the content posted on it, and we expressly exclude our liability for any loss or damage arising from the use of any of our interactive services, or the viewing of any content.

The use of any of our interactive services by a minor under the age of 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online and potential risks to them.

When using our interactive services and posting content you must comply with the spirit of the following standards, which apply to each part of any contribution as well as to its whole.

Content must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable Legislation in the UK and in any country from which they are posted.

Content must not:

  • Contain any material which is defamatory of any person, be likely to deceive any person, or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory or could be seen to incite, advocate or promote abusive behaviour or conduct or harassment or contain or promote any sexually explicit or violent material, or promote any illegal activity and/or racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
  • Promote discrimination or harassment, be threatening, abusive, obscene, defamatory or libellous, or invade another’s privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass alarm or annoy any other person, or otherwise constitute inappropriate content.
  • Be potentially harmful to minors or vulnerable adults.
  • Infringe any copyright, database right, trade mark or any other Intellectual Property Right of any other person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence (or promote, advocate or assist any such behaviour).
  • Give the impression that it emanates from, is approved or endorsed by or is in any way linked to us, if this is not the case.
  • Involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
  • Promote information that you know is false or misleading.
  • Contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
  • Display pornographic or sexually explicit material of any kind, or provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit data from anyone under the age of 18.
  • Solicit passwords or personal identifying information for commercial or unlawful purposes from other website users.
  • Engage in commercial activities and/or sales without our prior written consent (such as, without limitation, contests, sweepstakes, barter, advertising and pyramid schemes).

Although we cannot monitor the conduct of our website users off, it is a violation to use any information obtained from our site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any of our website users without their prior explicit consent.

You acknowledge that we have no obligation to monitor any content uploaded by our website users.

We will determine, in our discretion, whether there has been a breach of our acceptable use standards through your use of our site and we may take such action as we deem appropriate.

Failure to comply with these acceptable use standards constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  • Legal proceedings against you for reimbursement of all costs and damages (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate. We exclude all liability for any actions taken in response to breaches of these acceptable use standards.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

            Intellectual Property Rights

Our website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (“EP Content“) are protected by copyright, trademarks and other Intellectual Property Rights owned by us or licensed to us. EP may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of EP or, where applicable, EP licensors. EP and its licensors reserve all rights not expressly granted in and to the EP Content.

(C) Mobile application licence terms

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

Who we are and what this agreement does

We, Explorer Plan Limited of 16 Charles Ii Street, London, SW1Y 4NW, United Kingdom, license you to use:

  • Trip Plans (iOS 9 or later and Android 4.4 and up mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
  • The related electronic documentation (Documentation).
  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy https://www.explorerplan.com/privacy-policy/.  

Please be aware that internet transmissions are never completely private or secure and that  any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Travefy’s, (Google) Play Store’s and (Apple) App Store’s  terms also apply

The ways in which you can use the App and Documentation may also be controlled by Travefy’s, the (Google) Play Store’s and (Apple) App Store’s rules and policies which can be found at  https://travefy.com/terms-of-use-privacy-policy,  https://play.google.com/intl/en-us_us/about/play-terms.html and https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ respectively. Travefy’s, (Google) Play Store’s and (Apple) App Store’s rules and policies will apply instead of these terms where there are differences between them.

Operating system requirements

This app requires a iOS 9.0 or later. Compatible with iPhone, iPad, and iPod touch or Android 4.4 and up.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App  or have any problems using them please take a look at the App support resources at https://itunes.apple.com/us/app/our-itinerary-viewer/id1078267467 and https://play.google.com/store/apps/details?id=com.travefy.tripplans.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected]

How we will communicate with you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order. There is also a built in chat inside the app that we may used to be in contact with you.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto your mobile phone and view, use and display the App and the Service on such devices for your personal purposes only.
  • use any Documentation to support your permitted use of the App and the Service.
  • make up to fifteen copies of the App and the Documentation for back-up purposes; and
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy the app

You must be 18 or over to accept these terms and buy the App. 

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above (see heading, ‘How you may use the app, including how many devices you may use on it’). You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you advance notice of any change to these terms by notifying you by email of the same.

If you do not accept the notified changes you may not continue to use the App and the Service in accordance with the existing terms.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

You may stop us collecting such data at any time by turning off the location services for the app on your mobile phone.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

      (i) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

      (ii) is not used to create any software that is substantially similar in its expression to the App;

      (iii) is kept secure; and

      (iv) is used only for the Permitted Objective;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If any dispute arises in connection with this  agreement and such a dispute is not resolved by negotiation between the parties within 30 days of the dispute arising, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.