Terms & Conditions
Terms & Conditions
- Introduction
- These Terms & Conditions of Use set out the agreement between the user – the actual (natural) person who uses the TouringBee mobile app and TOURINGBEE LIMITED with registered office in c/o GBW, Westmoreland House, Westmoreland Park, Ranelagh, Dublin, Ireland, D06 RX46 and incorporated in Republic of Ireland under number 660321
- Definitions
- TouringBee: TOURINGBEE LIMITED incorporated in Republic of Ireland under number 660321.
- Agreement: these terms and conditions.
- Digital Content: digital content, including audio, images, texts and digital map designed for organizing and performing self-guided tours.
- TouringBee Mobile App: mobile application for smartphones on iOS and Android, designed by TouringBee to provide access to the Digital Content.
- Website: TouringBee official website https://touringbee.com
- Booking Page: a page on the Website for providing activation instructions by booking reference id https://touringbee.com/booking
- Partners: third parties such as physical retailers, official sales point, online retailers, travel and booking websites or agencies, which are expressly authorized by TouringBeeto sell access to the Digital Content.
- Purchase Form: online dashboard on the Website or Partners websites and mobile applications.
- User: The actual (natural) person who uses TouringBee Mobile App to access Digital Content in order to organize and perform a self-guided tour.
- Privacy Policy: privacy policy accessible on Website at https://touringbee.com/privacy-policy/
- Intellectual property
- The Digital Content, the TouringBee Mobile App as well as all information, translations, tradename, logos and illustrations on the Website, is the intellectual property of the TouringBee. These may not be copied in any way or used without the separate written consent of the TouringBee, except in cases where this is legally permitted.
- Sales Conditions & Usage Limitations
- The user may purchase access to the Digital Content on the TouringBee Mobile App, Website and from Partners.
- Making purchase from Partners the User understands and agree that he/she is concluding a purchasing contract directly with such third party retailer, irrespective of whether they are offline or online retailers, and TouringBee, in any event, cannot be considered part of, or responsible or liable for any obligation arising from, the purchase contract between the User and the third party retailer. In case the User purchases an access to the Digital Content through third parties, he/she understands that he/she will be subject to the terms and conditions of sale and privacy policy provided by such third parties.
- In the Purchase Form the User is able to select the type and the amount of the access to the Digital Content. Amount of the access to the Digital Content means the amount of mobile devices where access can be provided.
- TouringBee grants the User with a non-exclusive, non-transferable and revocable limited license to access the Digital Content in the TouringBee Mobile App to organize and perform a self-guided tour, subject to these Terms & Conditions of Use and Privacy Policy. The User is allowed to access Digital Content for personal non- commercial use only and to not authorize others to access the Digital Content.
- TouringBee solely provides to the User an access to the Digital Content via TouringBee Mobile App, the User is fully responsible for organizing his/her self-guided tour including:
- Responsibility for obtaining necessary devices – a smartphone compatible with the latest version of TouringBee Mobile App published in Apple App Store or Google Play Store and headphones or earbuds.
- Responsibility for obtaining access to the Digital Content and downloading the Digital Content for offline usage and that access and downloading may include third party fees such as Internet service provider costs or any other cost.
- Responsibility for preparing necessary devices before starting self-guided tour, including charging devices.
- The User hereby understands and agrees that the access to the Digital Content, provided by TouringBee or by Partners, must be used within 1 (one) year effective as of the date of purchase. Such end-term is mandatory and once expired the User acknowledges that he/she will lose the right to access the purchased Digital Content.
- Delivery
- When purchasing through the Website or Partners, following the payment, the User will be provided activation instructions. Activation instructions can be provided either via email or via Booking Page, by booking reference id.
- The User can download TouringBee Mobile App from Apple App Store (for iOS device) or Google Play Store (for Android device) and the app can be downloaded free of charge.
- Eligibility
- The User explicitly acknowledges that he/she is eighteen (18) or over to execute purchases on the TouringBee Mobile App, Website or Partners
- The TouringBee Mobile App is not intended and not suitable for the use of children without direct adult supervision and TouringBee will not be held responsible for the use of the TouringBee Mobile App in breach of such provision.
- Warranties
- The User explicitly acknowledges and agrees that the Digital Content and any services and features provided or accessed by the User via the TouringBee Mobile App and the Website are used with the scope permitted by the valid legislation solely at his/her own risk.
- TouringBee does not grant the User with any warrant, express or implied, without limitation, warranties on the Digital Content the User access through the TouringBee Mobile App, what affects the Digital Content may have on the User, how the User may interpret or use the Digital Content, including those caused as a result of the User reliance on the information provided.
- TouringBee will not be responsible or liable for the accuracy, copyright compliance, legality or decency of the material provided or accessed through the TouringBee Mobile App and Website.
- TouringBee makes all efforts to keep the TouringBee Mobile App and Website continuously available, however TouringBee cannot offer any warranties that either TouringBee Mobile App or Website is or will be flawless. Errors may occur for various reasons and when they happen TouringBee are committed to fixing them as soon as possible.
- TouringBee does not provide any guarantee that TouringBee Mobile App would be compatible or would operate with devices that are not supported by the latest TouringBee Mobile App version published on the Apple App Store or Google Play Store.
- All travel and transport times are only estimates, as real self-guided tours times are dependent on external factors out of TouringBee’s control.
- The User acknowledge that the TouringBee Mobile App is not intended or suitable for use in situations, destinations and environments in which a failure, a delay, error or inaccuracy of content, data or information provided by TouringBee via the TouringBee Mobile App may result in danger, death, injury or serious detriment to health and we exclude all liability for any action the User my take or loss or injury the User may suffer as a result of relying on any information available through the TouringBee Mobile App. TouringBee does not represent or warrant that moving in such destinations and environments is advisable or without risk and is not liable for damages or losses that may result from moving and travel in such destinations and environments.
- The TouringBee Mobile App may contain advertisements of and links to external websites operated by parties other than TouringBee. TouringBee does not control such websites and is not responsible for their contents, their availability or accuracy. The User agrees that TouringBee will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with his/her use of or reliance upon such content, advertising, products, services or other resources made available by such external websites. In addition, the User hereby understands and accepts that TouringBee is not responsible or liable in anyway for (or in connection with access of) any content, services and other functionality provided by third parties, which the User or TouringBee access in connection with the TouringBee Mobile App. All content is the sole responsibility of the person who originated such content and TouringBee does not guarantee the authenticity of any content or data that third party may provide through the TouringBee Mobile App.
- Liability Limitations
- In no event shall TouringBee be liable to the User or any third party for any damages direct, indirect, special, consequential, punitive and/or incidental, including loss of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages arising out of, or in anyway connected with The User accesses and use of the Digital Content and TouringBee Mobile App.
- The User releases TouringBee from all liability arising out of or relating to the conduct of the User or anyone else in connection with the usage of the TouringBee Mobile App.
- TouringBee assumes no responsibility for the User’s safe movement while moving in the public space, walking, driving, cycling and using public transportation. By using TouringBee Mobile App the User agrees to assume responsibility for respecting the rules of traffic and public transportation. If specific circumstances do not permit the User a safe use of the TouringBee Mobile App, the User should stop using it immediately.
- TouringBee has put forth all necessary efforts to ensure that all descriptions of the Digital Content listed in the Website and TouringBee Mobile App are up to date. TouringBee assumes no responsibility in case of incorrect information related to the Digital Content including, but not limited to, availability, opening hours and quality of any service offered by third parties.
- In no event shall TouringBee be liable and responsible in case of unavailability of pedestrian sidewalks, absence of hindrances, public transport lines suspension or changes, change of a route, traffic deviation, impossibility to walk a route or any other inaccuracy that may occur, such as traffic deviation, closure of a road or the information provided is different from other information provided by other sources.
- Except in case of intent or wilful recklessness, the TouringBee is not liable, on any grounds whatsoever, for any damage related to the use of the TouringBee Mobile App (including the loss of data). Any compensation is limited to the sum that the User has paid in the three months preceding the moment of the event that caused damage, unless imperative law prescribes otherwise.
- The condition for entitlement to damage compensation is always that the User reports the damage In writing to the TouringBee as soon as possible, yet ultimately within thirty (30) days after the damage occured.
- The TouringBee is explicitly not liable for indirect damage, consequential damage, lost profit, missed savings and damage as a result of business interruption.
- Complaints
- If the User is not satisfied with the Digital Content or TouringBee Mobile App and/or has complaints about the Agreement (and/or its implementation), the User is obligated to report these complaints as soon as possible, but ultimately within 14 calendar days after there was reason for reporting this complaint. Complaints can be reported via [email protected] under the subject ‘Complaint’.
- The User must substantiate and/or explain the complaint before TouringBee shall handle the complaint.
- TouringBee shall respond to the contents of the complaint as soon as possible, ultimately within 14 calendar days after receiving the complaint.
- The parties shall try to come to a mutual solution.
- Applicable law
- Irish law is applicable to any Agreement between TouringBee and the User.
- English language version of the content and meaning of these Terms & Conditions of Use will always be decisive for the interpretation of these Terms & Conditions of Use. TouringBee has the right to unilaterally change these Terms & Conditions of Use.
- All disputes that may arise with regard to the Agreement between TouringBee and the User will be submitted the competent court of Republic of Ireland, located in Dublin city, unless mandatory provisions result in submission to the competence of another court.