General Terms & Conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service for activities and components of travel provided on these pages and through the website (the “service”) are owned, operated and provided by Wamobo.com International B.V. (“Wamobo.com”, “us”, “we” or “our”) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
- Our service and contract
We act only as a booking platform for the activity partners concerned. Your contract for your arrangements is directly with the activity partners concerned. We accept no liability in relation to the arrangements themselves or for the acts or omissions of the activity partners concerned.
- Scope of our Service
Through the website we (Wamobo.com International B.V. and its affiliate (distribution) partners) provide an online platform through which all types of activity providers, can advertise their activities and components of travel for reservation, for reservation, and through which visitors to the website can make such reservations. By making a reservation through Wamobo.com, you enter into a direct (legally binding) contractual relationship with the provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant activity provider and sending you a confirmation email for and on behalf of the activity provider.
When rendering our services, the information that we disclose is based on the information provided to us by providers. As such, the providers are given access to our platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any activity or component of travel made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
- Free of charge
Our service is free of charge because, unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the activity or component of travel you book.
Providers pay a commission (being a small percentage of the price of the booked activity or component of travel) to Wamobo.com after the guest has enjoyed and / or used (and paid) the activity or component of travel he or she has booked.
- Free cancellation
Customers can cancel their bookings for free up to 48 hours in advance by contacting the activity provider via email or phone. In case a cancellation is submitted later Wamobo.com will charge you 10% of the total booking value that has to be settled within 10 days from the cancellation. In case this settlement becomes due debt collection charges and potential legal fees will be payable by the customer to Wamobo.com on top of the cancellation settlement amount.
Our partners are allowed to cancel the booking as well in case they cannot facilitate the activty anymore, however they are obliged to invest reasonable effort in scheduling an alternative date with you. No charge shall apply either way in case they cancel.
- Best price guarantee
We want you to pay the lowest price possible for the activities bookable on our platform. Should you find your activity, with the same booking conditions (time, location and same partner) at a lower rate on the Internet after you have made a booking through us, we will match the difference between our rate and the lower rate.
- Availability and cancellation by activity partner
Wamobo.com only acts as an online booking platform where it is the full responsibility of Wamobo.com’s activity partners and business partners to provide accurate information on the activity itself, the pricing and availability of the activities. In case one of our activity partners cancels or refuses a booking due to availability or any other circumstances that we as Wamobo.com cannot influence we shall not be liable for any loss, financial damage or cost you already incurred. Neither shall we be liable towards offering an alternative or to compensate you in any other way.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
- Outdoor and extreme sport’s risk and your level
The search function on our platform to search activities on a specific level (e.g. beginner or intermediate) is for indicative purposes only and you should always discuss the suitability of your experience level with the activity partner prior to performing the activity to asses if it suitable for the actual activity and if not aboard performing the activity. Wamobo.com is not liable for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you
- Medical problems or disabilities
If you or any member of your party has any medical problem or disability which may affect your booking or ability to perform the activity you booked, you are obliged to inform our activity partner which you place the booking prior to you enjoying and performing the activity. If the supplier reasonably feels unable to properly accommodate the particular needs related to the medical problem or disability, both Wamobo.com and the activity suppliers reserve the right to decline the reservation or cancel the contract.
- Safety Standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services. As a general rule, these requirements and standards will not be the same as in Australia, Europe or the US and may sometimes be lower.
We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
Wamobo.com shall never facilitate any payments between you or our activity partners. Payments shall always be made directly to our activity partner upon arrival at their location the date and time you made your booking.
- Credit card or bank transfer
Wamobo.com will never ask for any credit card details, bank transfers of payments in any form to be made to the users of our booking platform.
A binding contract between you and the activity provider comes into existence when we send your confirmation on the reservation. Wamobo.com’s General Terms & Conditions will apply to all reservations and will prevail over any general terms and conditions the activity provider might have.
Most of our activity partners will require you to sign a liability waver prior to you enjoying and performing the activity. You will always hold the right to not sign such waver, nevertheless the activity partner concerned will then hold the right to cancel the contract and reservation and choose to not let you perform the activity.
In case you damage or lose any gear or equipment rented via Wamobo.com with an activity provider or equipment or gear provided to you by the activity provider to perform the reserved activity the activity provider can hold you liable for any damage to or loss of the gear or equipment. To cover this we advise you to arrange sufficient cover via arranging a (travel) insurance.
- Privacy and cookies
- Further correspondence
By completing a booking, you agree to receive further communication from Wamobo.com regarding your booking.
- Ranking, featured activities, featured destinations, stars and guest reviews
The default setting of the ranking of activity on our website is ‘Recommended’ (or any similar wording) (the “Default Ranking”). Please note that the Default Ranking is created randomly and may change from time to time.
The completed customer review may be (a) uploaded onto the relevant activity partners’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the provider, and (b) (wholly or partly) used and placed by Wamobo.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Wamobo.com and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The customer review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
When you place a booking with one of our activity partner trough us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the activity partners concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Suppliers reserve the right at any time to terminate your stay/transfer or that of any member of your party due to your misconduct, where justified in their reasonable opinion. No refunds will be given. Furthermore, neither the suppliers nor we shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay/transfer being terminated.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the activity as made available on our website, (iii) the services rendered or the products offered by the activity provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the activity or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Wamobo.com does not facilitate any payments between you and any of our activity providers and business partners. Any disputes or discussions between you and the activity partner on final pricing of the activity you booked and enjoyed at our activity partner have to be settled and agreed upon between you and our activity partner. Wamobo.com shall play no role in such matters and neither shall Wamobo.com be liable towards anything that may or shall arise from such discussion or dispute.
- Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Wamobo.com International B.V., its suppliers or providers.
Wamobo.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Wamobo.com. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
- About Wamobo.com
The online activity reservation service is rendered by Wamobo.com International B.V. (hereafter “Wamobo.com”), which is a private limited liability company, incorporated under the laws of the Netherlands and having its offices at Herengracht 12A, 1015BK, Amsterdam, the Netherlands and registered with the trade register of the Chamber of Commerce in Amsterdam under registration number KvK 66607124.