Website Terms, Conditions, and Notices
Welcome to the Explora.ph website (herein referred to as the “Website”). This Website connects you to homestays, accommodations, food and drink spots like restaurants and bars, local events and activities, as well as experiences and tourist attractions so that you could easily plan and book your trip around the Philippines. The term “you” refers to those using this Website, regardless of whether they are a website visitor, a traveller or a host.
Explora.ph is an online platform for travellers, locals, and everyone seeking to engage with local hosts all over the world to offer them with the most outstanding dining experiences, tours and activities. Through our Website, “hosts” may create listings for accommodations, events, activities, restaurants, and “guests” may learn about and book accommodations, events, activities, restaurants, directly with the hosts. The Website is a marketplace where demand (travelers) meets supply (hosts).
BY ACCESSING AND USING THIS WEBSITE, YOU CLEARLY UNDERSTAND AND AGREE THAT XPLORRA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS EXPLORA, IN ANY SHAPE AND FORM, A REAL ESTATE BROKER, AGENT OR INSURER. FURTHER, XPLORRA HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE WEBSITE OR ANY ACCOMMODATIONS, FOOD AND DRINK SPOTS, LOCAL EVENTS AND ACTIVITIES, AS WELL AS EXPERIENCES AND TOURIST ATTRACTIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT THAT IS PERMITTED BY LAW.
Explora.ph is a website registered under One XPLORRA PIlipinas Ventures, Inc. a private company duly registered under the Philippine Laws.
We are a corporation engaged in business within the Philippines and duly registered with the Securities and Exchange Commission under certificate number CS201618709. Our registered business address is Level 26-a Rufino Pacific Tower, 6784 Ayala Avenue, Makati City, Makati, Metro Manila, Philippines.
APPLICABILITY OF TERMS AND CONDITIONS
Please read this Agreement carefully as it contains important information regarding your legal rights, remedies and obligations. The use of this Website is conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (herein collectively referred to as the “Agreement”). Hence, the use of this Website, regardless of whether you are a Website visitor, a traveller or a host, constitutes a binding agreement to all terms and conditions in these Terms and Conditions and you warrant that you understand, agree to and accept all terms and conditions contained here.
Be sure to view this page periodically to review the most current version of this Agreement.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND YOU HAVE NO RIGHT TO OBTAIN ANY INFORMATION FROM OR OTHERWISE CONTINUE USING THE WEBSITE. FAILURE TO USE THE WEBSITE IN ACCORDANCE WITH THESE TERMS MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
Explora.ph reserves the right at any time to modify the terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where it deems it necessary and reasonable for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of this Website.
We may modify, suspend or discontinue any aspect of the Website at any time, including the availability of any database, content or feature. Explora.ph may also impose limits on certain features and services or restrict your access to all or parts of this Website without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where we consider in our sole discretion that a breach of any provision of this Agreement or of any law or regulation was committed by anyone using the Website and where it decides to discontinue providing a service.
THE CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL SIGNIFY YOUR ACCEPTANCE OF SUCH MODIFICATIONS.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant the following:
That all information supplied by you on this Website is true, correct, current and complete;
That if you have a Explora.ph account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you;
That you are 18 years of age or older in order to register for an account; and
That you possess the legal capacity to enter into this Agreement and to use this Website in accordance with all terms and conditions of this Agreement.
EXPLORA.PH HAS THE RIGHT TO DENY ACCESS TO ANYONE TO THIS WEBSITE AND THE SERVICES WE OFFER, AT ANY TIME AND FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, FOR VIOLATION OF THIS AGREEMENT.
When a reservation is made by you on this Website, we deliver the reservation to the respective host and check availability. A reservation is only valid when confirmed by us per e-mail.
You pay the host and all applicable fees in full through a secured online payment processor. The website then transfers the money to the respective hosts within the schedule as agreed upon by the host and Explora.
Explora.ph allows hosts to specify their own cancellation policy. However, when a host has no cancellation policy, Explora.ph allows the host to adopt the standard FREE cancellation policy.
FREE: Full refund 7 days prior to arrival, except fees
Cleaning fees are always refunded if the guest did not check in.
The Explora.ph service fee is non-refundable.
If there is a complaint from either party, notice must be given to XPLORRA within 24 hours of check-in.
Explora.ph will mediate when necessary, and has the final say in all disputes.
A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > Your Trips > Change or Cancel.
Cancellation policies may be superseded by the Guest Refund Policy, safety cancellations, or extenuating circumstances. Please review these exceptions.
Applicable taxes will be retained and remitted.
The host will be treated as our legal customer and will be given an invoice from us. On this invoice we will state our details, any applicable taxes and details of the transaction(s) provided by the host to the traveller. As a host you are responsible for providing the traveller with any documentation and/or invoice needed in compliance with the applicable tax law(s).
IT’S A HOST’S SOLE RESPONSIBILITY TO DETERMINE WHICH TAXES ARE APPLICABLE AND REQUIRED TO COMPLY WITH THE APPLICABLE LOCAL TAX LAW AND PAY ANY CORRESPONDING TAXES. THESE TAXES CAN INCLUDE, BUT ARE NOT LIMITED TO, TAXES SUCH AS VALUE ADDED TAXES, SURCHARGES, SALES TAXES, PERSONAL OR CORPORATE INCOME TAXES IMPOSED OR ANY OTHER TAXES IMPOSED BY LAW WHICH ARE LEVIED UPON RESERVATIONS MADE THROUGH OUR WEBSITE OR THE PAYMENT THEREOF. THE HOSTS REPRESENT AND WARRANT THAT THEY WILL PAY SUCH TAXES IN TIME AND IN COMPLIANCE WITH THE APPLICABLE TAX LAWS OF THE PHILIPPINES.
The copying, transmission, reproduction, republication, posting or redistribution of the content and information on this Website (including, among others, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (herein reffered to as the “Website Content”) or any portion thereof is strictly prohibited without the prior written permission of XPLORRA.com. To request for permission, you may contact XPLORRA at <firstname.lastname@example.org>.
QUALITY OF INFORMATION
While Explora.ph verifies the quality of the accommodations, food and drink spots, local events and activities, as well as experiences and tourist attractions that are offered by the hosts, we cannot guarantee that these are flawless and neither can we guarantee that all content on our Website is without errors.
THE INFORMATION, PRODUCTS, SERVICES, AND ANY OTHER CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. XPLORRA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACCOMMODATIONS, FOOD AND DRINK SPOTS, LOCAL EVENTS AND ACTIVITIES, EXPERIENCES AND TOURIST ATTRACTIONS AND ANY OTHER PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND FACILITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
Explora.ph hereby disclaims all warranties and conditions with regard to the use of our Website and/or services, including, but not limited to, the availability, reliability, or quality of our Website and services, the events distributed through us, including the nature and quality of the events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through the website, including by hosts or travelers. We do not endorse any entity, product or service mentioned in any user generated content available on our Website.
The use of our Website and services and participation in any of the events hosted by the hosts is solely at your own risk. Except as provided herein, in no event shall we be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of our services and/or the events hosted by the hosts, or the use or inability to use are Website or services, regardless of whether we or an authorized representative of ours has been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to the amount paid to us by you as a traveller of to be paid by us to you as a host.
EXPLORA.PH MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY EXPLORRA. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. XPLORRA DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM XPLORRA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW XPLORRA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF COMMERCIAL LAWS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
EXPLORA.PH ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
AGAIN, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL XPLORRA (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF XPLORRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
LINKS TO THIRD-PARTY SITES
This Website contains hyperlinks to Websites operated by parties other than Explora.ph. Such hyperlinks are provided for your reference only. We do not have control over such Websites nor are we responsible for their contents or the privacy or other practices of such Websites. You should always take the necessary precautions to ensure that whatever links you select from this Website is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Explora.ph to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled at any time.
This Website is operated by a Philippine entity and this Agreement is governed by the laws of the Philippines. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN QUEZON CITY, PHILIPPINES AND STIPULATE TO THE FAIRNESS AND CONVENIENCE OF PROCEEDINGS IN SUCH COURTS FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE. YOU AGREE THAT ALL CLAIMS YOU MAY HAVE AGAINST XPLORRA ARISING FROM OR RELATING TO THIS WEBSITE MUST BE HEARD AND RESOLVED IN A COURT OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED IN QUEZON CITY, PHILIPPINES.
The use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement and any other terms and conditions referenced herein constitutes the entire agreement between you and Explora.ph with respect to the use of this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Explora.ph with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.