These terms and conditions set forth the general terms and conditions of your use of "The Stoke App" mobile application and any of its related products and services. This Agreement is legally binding between you and this Mobile Application developer. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are booking the services on behalf of a group, it is the responsibility of the client who makes the booking and accepts the terms and conditions to make sure all other persons in the group have read the Stoke App Terms and Conditions and the Suppliers Terms and Conditions for the specific Product purchased, have agreed to its contents.  You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.

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DEFINITIONS

 

“The Stoke App” (“The App”, “us”, “platform”) is the trading name of Keriomet S.L (company number [ES]B-66925934).

 

“User”( “client”, “consumer,” “customer”, “you”) pertains to all persons named on the booking form, or intending to attend an event promoted on The Stoke App .

 

“Supplier” refers to the tour operator, supplier, or agent responsible for authorising the sale of the product promoted on the Platform for sale to the User.

 

A “product” or “trip” is any service sold on The Stoke App . All clients will be deemed to have read, understood, and accept all booking conditions upon purchasing a product on Platform.

 

“Product price” is the full cost of trip booked including the deposit

 

“Product date” is the first day you will participate in a product as outlined in your booking

 

“Provisional Booking” A Provisional Booking means that a payment balance is outstanding. The booking is treated in the same manner as a Confirmed booking and all cancellation terms and conditions still apply.

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Content 

 

The information on the App is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the App require a booking request through The Stoke App Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of The Stoke App.

 

While The Stoke App tries to ensure that the information provided by The App is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). The Stoke App may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. The Stoke App may also block Users from accessing the Platform or require certain conditions to be fulfilled for access. 

 

The Stoke App does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Platform is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, The Stoke App does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

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The Stoke App acts as an Intermediary and is not responsible for third party content available on the App or sub-sites and does not have any liability relating to it.

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Usage of the Platform

 

These General Terms and Conditions apply to any use of the The Stoke App Platform, such as via the internet and apps. The contractual relationship between the user and the Stoke App is the referral of users to the respective Supplier offering.  The use of the Platform itself is essentially free of charge for the user. 

 

Registration is not required for general usage of the Platform.  However certain types of actions or use of the Platform will require registration including but not limited to, making and managing bookings and the redemption of Coins and Steps in the loyalty program . Users can cancel their registration on the Portal at any time 

 

The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.

Customers under the age of eighteen (18) participating in a product sold on the App must have permission from a parent or guardian. Any customers under the age of eighteen 18 must be accompanied by a person over the age of eighteen 18. Note Some products may prohibit the entrance of under 18’s/21’s please read the products terms and conditions before purchasing. The Supplier reserves the right to deny entry.

 

User Obligations and User generated content

 

The user shall keep the registration data (user login and password) secret and not allow third parties access to The Stoke App Platform using his/her registration data. The user shall be accountable for all use of his/her user account. 

 

Users have the opportunity to have personal influence on the content of The Stoke App, such as reviews, comments and locations added to Map (“user content”). Users are fully responsible for the user content they provide. Under no circumstance and in no way does The Stoke App make user content its own, it merely provides a Platform.

The Stoke App can use the User content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into publicity or and other usage. The StokeApp can remove user content if it violates the The Stoke App principles for content. The user does not need to be especially notified of this.

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Bookings and Payments

 

Bookings through the Platform are subject to the General Terms and Conditions of The Stoke App as well as any Conditions set by the Suppliers of tours and other travel products presented on the App. Your booking is accepted by the platform and becomes effective from the date the company confirms your booking or issues a confirmation invoice.  On that date, the contract is formed between you and the App, and the Supplier.  

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The User must read the Suppliers Tour description which includes the suppliers conditions, and before a user is able to process their payment, The Platform will present the App terms and conditions, to which the User must agree to before they will be able to complete the transaction. If a booking is made the assumption is made that the User has read and agreed to both the details and conditions set in the product description, and the general terms and conditions of the App.

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The Platform will pass onto the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier. The Stoke App assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties.

The Stoke app is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. 

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Prices are per person and may wherever possible be charged in the Users Local chosen currency. All non-Euro prices are estimates only based on the current exchange rate at time of publishing. Spaces are subject to availability at the time of booking

The prices shown on The Platform are set by the Suppliers and may be subjected to change and special conditions. The Users contract is with the Supplier, and cancellation and the refunding of payments are subject to the Suppliers Terms and Conditions shown to the User prior to the transaction.

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Special requirements (e.g. dietary or medical requirements) must be identified at time of booking, and again at check-in. When you book a product using The Stoke App for other people, you accept these terms and conditions for yourself and for the people for whom you book the product.  It is your responsibility to inform the other clients and make sure they have read, understood, and agree to these terms.  If you will not use the product that you book, you must provide us with the contact details of the people who will use the product.

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Promotional codes must be entered at the time of booking. If any technical difficulties are encountered, email hello@thestokeapp.co. If a Promotional code is not added at the time of booking, it cannot be added at a later date.

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The balance of your booked product must be paid by no later than 14 days prior to the scheduled start date of your trip, or otherwise if stated on the product terms and conditions. If payment isn’t made by the due date, the Stoke App may assume that you have cancelled and cancellation charges in accordance with the suppliers terms and conditions above will be levied by The Stoke App.

Payments made using accumulated Coins must cover the entire trip price.  Coins are not transferable for cash, and can not be refunded after a trip has been purchased.

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If the User has any questions regarding a booking/product featured on the App, they must be directed to the Stoke App customer service team via the App, or in writing to hello@thestokeapp.co. All messages between User and Supplier will be done via The Stoke App Platform.

Some products may have a minimum demand requirement in order for the product to run.  In such cases the supplier withholds the right to cancel the event, and refund the booker.

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Data Protection

 

Collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions between the user and The Stoke App.  The Stoke App shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility.

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Cancellations

 

The Cancellation process in some cases can be made via the App, and in some circumstances will need to be escalated to The StokeApp customer service department via email hello@thestokeapp.co.  The Stoke App is considered the intermediary, and has no legal responsibility for the cancellation and refunding of events sold on the platform.

 

Users are subject to the specific cancellation and refunds policy of the supplier, shown to the user and agreed by the user upon transaction confirmation. 

 

In the case that the User has the right to a refund, the refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

 

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it.

 

The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.

Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

 

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

 

These Terms and Conditions of the Supplier of tours and other tourist services can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.

 

The Stoke App is not liable to User or Supplier, for any losses, damages, expenses pertaining to the cancellation or amendments of any product on The Stoke App.