Terms and Conditions of Sale and Use

This English version is provided for convenience. In case of discrepancy, the Italian version shall prevail.

These Terms and Conditions govern the sale of services offered through the website www.esplorapp.com. The Provider reserves the right to modify this document, as well as the Privacy Policy and Cookie Policy, and will notify Users via a message on the site or by e-mail.

If you are purchasing as a consumer (and not as a subject acting in the exercise of a business activity), all protections set out in the Italian Consumer Code and subsequent amendments apply. If, on the other hand, you are purchasing as a professional or business operator, some of these protections do not apply and will be indicated case by case.

Article 1: Definitions

For the purposes of this contract, the following definitions apply:

  • "User" or "Customer" or "You": any party who purchases services through this site;
  • "Provider", "EsplorApp", "the Platform" or "we": the natural or legal person providing the services listed on the site;
  • "Restricted area": area protected by credentials access where you will find your purchases, subscription details, etc.;
  • "Digital content": video courses, downloadable documents, guides;
  • "Personal area": section reserved for customers following registration and login.

Article 2: What EsplorApp does

EsplorApp is a digital platform that sells, directly or indirectly through the portals of selected certified partner guides, in-person outdoor experiences, digital guides consultable in-app, and subscriptions granting access to Premium content and discounts on experiences.

On the platform you can:

  • Buy an in-person experience (hikes, trekking, guided outings or similar) with date, time and expert guide indicated in the product sheet;
  • Consult digital guides directly in the app (some are free, others are available for individual purchase or via subscription);
  • Activate a monthly or annual subscription granting access to Premium guides, discounts on experiences, and to all content listed in the product sheet prior to subscribing.

EsplorApp is not a travel agency, does not organise accommodation or transport unless expressly indicated within the experience product sheet, and is not a tour operator pursuant to Italian Legislative Decree 62/2018.

Article 3: Registration and account

To purchase on the platform, an account is required. By registering you declare that:

  • you are at least eighteen years old;
  • the data you provide is truthful, up-to-date and complete;
  • you are solely responsible for all activity taking place within your account;
  • you will not use the account for unlawful purposes or in violation of these terms;
  • you are solely responsible for safeguarding your access credentials, keeping them confidential, not sharing them with third parties and, should that happen, notifying EsplorApp immediately at the address listed in the contact section.

EsplorApp reserves the right to suspend or delete the account if you breach the aforementioned terms. Before such decision becomes effective, you will be notified by e-mail.

Article 4: In-person experiences

By purchasing an experience, you buy the right to take part in an in-person outdoor activity (hike, trekking, snowshoeing, bike outing or similar) at the date and time indicated in the product sheet or in the WhatsApp channels managed by the guides. All under the supervision of an expert and qualified guide. The price includes only the guide's accompaniment service; any further costs (transport, meals, accommodation, equipment, etc.) are indicated separately in the product sheet and are borne by you.

Each experience reports an indicative difficulty level. Before purchasing it is your responsibility to read the experience product sheet carefully and assess your own psycho-physical fitness. The indicative levels are:

  • Easy
  • Medium
  • Experienced hikers

Outdoor activities entail intrinsic risks: by participating, you declare that you have read the experience product sheet, that you consider yourself physically and mentally fit for the indicated difficulty level, and that you are aware of the associated risks. EsplorApp does not collect formal medical declarations: validation of your fitness is your responsibility. If in doubt, consult your doctor before purchasing.

EsplorApp is not liable for injuries arising from intrinsic risks of outdoor activity. Should wilful misconduct or gross negligence of affiliated guides occur, the guides themselves will respond through their own insurance coverage.

Required equipment is indicated in each experience product sheet and communicated by the guides; in any case, it is recommended to come with shoes or boots, clothing and equipment appropriate to the activity being undertaken.

The guide has the unappealable right to exclude from the experience any participant arriving with equipment manifestly inadequate to ensure their own and the group's safety. In such case, no refund is due.

Minors may participate in experiences only if accompanied by a parent, legal guardian or another adult delegated in writing (with a copy of the delegating party's ID). Responsibility for the minor during the experience lies with the accompanying adult.

EsplorApp reserves the right to modify the route, shorten it, lengthen it or cancel the experience for any reason. In case of adverse weather, force majeure or safety reasons, the user will receive a full refund only if the cancellation occurs within 14 days of the scheduled date. In case of interruption during the experience for safety reasons not attributable to EsplorApp, no refund is due.

Article 5: Consultable guides

Guides are digital content (texts, images, maps, routes, etc.) consultable directly within the EsplorApp site. They are not downloadable or printable, save where otherwise indicated in the content sheet.

Some guides are free and consultable by all registered users; others are accessible only with an active subscription or upon purchase of the guide.

By purchasing a single guide or activating a subscription that includes it, you obtain a personal, non-exclusive and non-transferable licence to consult it via the EsplorApp site.

You may not copy, distribute, reproduce or share the content of the guides with third parties. All intellectual property rights in the content remain with EsplorApp or the respective authors.

5.1 — Subscription: how it works

The subscription comes in two flavours: "digital guides only" and "experiences + digital guides". The latter grants access to all in-app Premium guides and discounts on experiences for the duration of the chosen plan (monthly or annual).

The subscription renews automatically, but a reminder e-mail will be sent three days before the scheduled expiry date. The e-mail will remind you that the subscription will renew automatically and will include the procedure to cancel it.

Price and specific conditions of each plan are indicated on the subscriptions page at the moment of purchase and will be summarised in the reminder e-mail mentioned above.

Upon subscription expiry, access to all Premium guides is lost. Data in your purchased-experience history will not be deleted; you only lose the ability to consult subscriber-only content and to benefit from discounts.

5.2 — Buying a single guide: how it works

As an alternative to subscribing, you can buy individual paid guides. In this case access is permanent (for the operational life of the platform) and not subject to expiry.

Article 6: Prices and purchase procedure

All prices are shown in euros and include VAT where applicable, save where otherwise indicated. Payments are handled by Stripe, a PCI-DSS Level 1 certified provider. EsplorApp does not store credit card data.

Link to Stripe's privacy policy: stripe.com/it/privacy.

Upon payment completion, you will receive confirmation by e-mail with the order summary. This e-mail constitutes the contractual document of the purchase and contains the link to these terms and conditions.

Following the completion of the purchase, EsplorApp will issue an electronic invoice through the Italian Revenue Agency's Interchange System (SdI). The invoice will be available in the customer's fiscal drawer.

If payment is rejected (card declined, insufficient funds, etc.), the order is not processed and no contractual relationship is established.

Article 7: Right of withdrawal and how to cancel a purchase

This section explains your rights in case of second thoughts. Rules differ depending on what you bought.

7.1 — In-person experiences

You have the right to withdraw from the purchase of an in-person experience within 14 days of order confirmation and without giving a reason, provided the experience has not yet taken place.

If withdrawal is exercised 7 days before the experience date, EsplorApp will retain 50% of the price paid as compensation for organisational costs already incurred. If withdrawal is exercised only within the 6 days before the start, the amount paid will not be refunded.

To exercise the right of withdrawal you must send an e-mail communication to the address in the contact section clearly indicating the order to be cancelled (optionally using the template in Article 17 of this document). Any refund will be paid via the same payment method used to make the purchase, within 14 days from receipt of the withdrawal notice.

7.2 — Subscriptions

You have the right to withdraw from the subscription within 14 days of purchase without giving a reason, provided that:

  • you have not consulted any Premium guide;
  • you have not booked any experience using the discounts reserved for subscribers.

If even one of the above conditions is not satisfied, the right of withdrawal lapses and the price paid is not refunded. To withdraw, follow the procedure indicated in the previous article.

7.3 — Single guide

Guides purchased individually are digital content consultable in-app. By completing the purchase and accessing the guide, you expressly accept that the digital content has been made immediately available and acknowledge that, consequently, the right of withdrawal can no longer be exercised.

Article 8: Refunds and cancellations

Refunds provided under these terms and conditions are processed internally by EsplorApp and credited to the same payment method used for the purchase within 14 days from confirmation of the request.

In the event of cancellation of the experience by EsplorApp, the refund is full and not subject to retentions.

Cash refunds are never provided. For any refund request, write to EsplorApp indicating: order number, purchase date, reason for the request. You will receive a reply within five working days.

If an experience marked as affiliated is selected, any refund will be managed by the affiliated guide who received the payment.

Article 9: Limitations of liability

9.1 — Outdoor activities

Outdoor activities entail intrinsic physical risks that EsplorApp cannot eliminate. EsplorApp is not liable for injuries, accidents, damage to persons or property during the experience. Damage directly caused by wilful misconduct or gross negligence of affiliated guides will be borne by the guides themselves. Each participant is personally responsible for assessing their own psycho-physical fitness before signing up. Voluntary departure from the group or refusal to follow the guide's instructions releases EsplorApp and the affiliated guides from any liability for subsequent incidents.

9.2 — Guide content

Information contained in the guides is provided for informational and orientation purposes. It does not replace the professional assessment of an expert guide on site, official weather forecasts or directions from local authorities. EsplorApp is not liable for damages arising from use of guide content in conditions different from those for which the content was drafted. EsplorApp undertakes to keep guide information up-to-date. The user remains obliged to verify on-site conditions before undertaking an activity.

9.3 — Platform and technical services

EsplorApp does not guarantee uninterrupted availability of the platform and is therefore not responsible for technical malfunctions, service interruptions or data loss caused by force majeure events (cyber attacks, infrastructure failures, etc.).

EsplorApp is not responsible for any changes to the policies or features of third-party services integrated into the platform — e.g.: payment systems, cloud infrastructure, hosting, etc. — that may impact service operations.

9.4 — Cap

In any case, EsplorApp's liability towards users for any contractual cause is limited to the amount actually paid by the user for the single purchase giving rise to the dispute. This limitation does not apply in case of wilful misconduct or gross negligence by EsplorApp, nor to the mandatory protections of the Italian Consumer Code.

Article 10: Reviews

EsplorApp publishes only verified reviews, i.e. those released by users who actually purchased and participated in the experiences or consulted the guides being reviewed. It is not possible to buy reviews or to publish reviews unrelated to a real purchase.

EsplorApp reserves the right to remove reviews containing unlawful, defamatory, offensive, discriminatory or manifestly false content, with prior notice to the user who posted the review.

Article 11: Intellectual property

All EsplorApp content — guides, texts, images, logos, graphics, software, routes, GPS tracks and any other element of the platform — is protected by copyright and intellectual property law; accordingly, all rights are reserved to EsplorApp.

By using the platform you obtain a personal, non-exclusive, non-transferable and revocable licence to enjoy the content. You may not therefore:

  • copy, reproduce, distribute or transmit the content to third parties by any means;
  • publish or disclose to third parties the GPS tracks of the routes;
  • use the content for commercial or competitive purposes;
  • remove or alter copyright or intellectual property notices.

Article 12: Release on use of images and videos

12.1 — By purchasing an experience and providing explicit consent at each event via a dedicated checkbox (which is never pre-flagged by default), you voluntarily grant EsplorApp of Daniele Cesaro (also pursuant to Article 10 of the Italian Civil Code and Articles 87, 96 and 97 of Law No. 633/1941) the right to record, use, publish and distribute photos, videos and audio recordings concerning you, taken during the event you participate in. This applies without any limitation of format (website, social networks, paper or digital promotional materials), duration or territory, both in Italy and abroad, with the broadest freedom to adapt, modify or edit the material whenever useful or necessary for EsplorApp's activities. Photo and video material will be used for commercial purposes.

12.2 — EsplorApp of Daniele Cesaro becomes holder of all rights deriving from the photographic and video material thus produced, including, by way of example: the right to publish it; to reproduce it in any form and by any means; to transcribe it, edit it, rework it, adapt it and reduce it; to communicate and distribute it to the public (including projection, transmission and broadcasting rights, including in summary or reduced form and with any available technology) as well as the right to keep a copy, also in digital format and on any medium, with the broadest economic exploitation recognised by law.

12.3 — The signatory, aware that their images may be published and used as described above, declares that they will not make any claim against EsplorApp for any damage to their name or image that may arise from prejudicial use by third parties. The grant of usage rights to images, photographs, films and audio recordings referred to above is intended free of charge, with express waiver of any compensation or economic claim. Anyone harmed by third parties will be free to act against them leaving EsplorApp out.

12.4 — Any images of the faces of minors present at events will be obscured by "blur" or other censorship to protect their privacy.

12.5 — The user may revoke consent at any time by sending an e-mail to the address in the contact section of this policy. To learn how EsplorApp processes your personal data, please consult the Privacy Policy.

Article 13: User behaviour

By participating in experiences and using the platform, you undertake to:

  • respect the guide's instructions during experiences;
  • not engage in behaviour that endangers yourself, other participants or the guide;
  • respect the natural environment, flora, fauna and private property in the experience locations;
  • not publish defamatory, unlawful content or content infringing third-party rights on the platform;
  • not attempt to gain unauthorised access to EsplorApp's IT systems.

EsplorApp or the guide may exclude from the experience, without refund, any participant engaging in dangerous or grossly disrespectful behaviour. EsplorApp reserves the right to close the account of any user repeatedly violating these terms.

Article 14: Accessibility of the digital platform

EsplorApp undertakes to make the digital platform accessible in compliance with current legislation on accessibility of websites and mobile applications. Any accessibility issues may be reported to the address indicated in the contact section.

Article 15: Changes to the terms and conditions

15.1 — EsplorApp reserves the right to modify these terms and conditions at any time. Changes will be communicated by e-mail to registered users with at least 30 days' notice before entry into force. By continuing to use the platform after the effective date of the changes, you accept the new terms.

15.2 — Should you not wish to accept the changes, you may freely close your account without penalty before the effective date.

15.3 — Already-concluded contracts (confirmed orders, active subscriptions, purchased guides) will remain governed by the terms in force at the time of purchase.

Article 16: Resolving a problem or dispute

16.1 — Before initiating any formal proceedings we ask you to contact us: in the vast majority of cases we resolve the issue quickly and informally. Write to the address indicated in the contact section with a clear description of the problem and we will reply within 72 hours.

16.2 — If you are a consumer and we fail to reach a direct agreement, you have the right to resort to alternative dispute resolution (ADR) procedures.

Article 17: Form to exercise the right of withdrawal

To: EsplorApp of Daniele Cesaro
Via Sant'Antonio Abate 20, Ponte San Nicolò (PD)
E-mail: [email protected]
PEC: [email protected]

Hereby I, the undersigned, communicate that I wish to exercise my right of withdrawal from the contract relating to:

  • ☐ In-person experience named: __________________________
  • ☐ Subscription (monthly / annual): ____________________________
  • ☐ Single guide named: __________________________________

Order number: ____________________
Order date: ____________________
Date of receipt of order confirmation: ____________________
Consumer name and surname: ____________________________
Consumer address: ___________________________________
E-mail associated with the EsplorApp account: ________________________

Date: ____________________
Signature: ____________________

Article 18: Applicable law, jurisdiction and final provisions

18.1 — This contract is subject to and shall be interpreted according to Italian law. Compensation for any damages cannot exceed the value of the contract in case of a dispute in which EsplorApp is found liable. For professional clients, any dispute relating to and/or connected with this contract shall be referred to the exclusive jurisdiction of the court of Padua, with express exclusion of any other concurrent judicial authority.

18.2 — If the Professional fails to apply or wishes to derogate from one or more provisions of this contract, such waiver or derogation shall not be construed as a waiver to act against the user who violated the principle.

18.3 — The Parties agree that if one or more parts of this contract are found null, voidable or ineffective, such defects shall not invalidate the entire contract and shall not extend to related clauses. The provisions contained in defective clauses shall nevertheless be considered as undertakings made on the basis of the principle of contractual good faith.