Terms & Conditions
Last updated June 3rd, 2020
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Unpack & Kayak (“we,” “us” or “our”), concerning your access to and use of the unpackandkayak.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Netherlands.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site (including purchasing trips or products), you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete;
(2) You have the legal capacity and you agree to comply with these Terms and Conditions;
(3) You are not under the age of 16;
(4) You agree to the signing of a legal (liability) waiver before starting your trip (this will be provided in hard-copy format by an Unpack & Kayak crew member);
(5) Unless an additional cancellation insurance is purchased, you are not able to receive a refund for the trip;
(6) Unless an additional bad weather insurance has been purchased, you are not able to move the trip. Exceptions can be made if Unpack & Kayak decides that letting the trip continue would be too dangerous (eg. heavy thunderstorms, floods, etc).
(7) If a bad weather insurance has been purchased, the trip can be moved to a later date within the same season. It is not possible to move a trip to a different year.
We reserve the right, but not the obligation, to:
(1) Monitor the Site for violations of these Terms and Conditions;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions;
(3) Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us through our contact portal.
We follow the General Data Protection Regulation 2016/697 in accordance with the regulations of the European Union and European Economic Area.