The language in which it is written is in Spanish and the CGU is only a translation
Wanatravel SL is a company based in Spain, which has developed a shared travel platform called "Wanawalk", which can be accessed from the website www.wanawalk.com or from a mobile application, designed to put in contact to users traveling to a specific destination so that they can share the Trip or part of it, as well as the costs associated with it (hereinafter referred to as the "Platform"). Also, Wanawalk acts as an intermediary, allowing travelers to contact tourist services around the world.
In this document,
"Advertisement" means an advertisement related to a Travel / Plan / Service published by user, traveler or service provider, in the Platform;
"Wanawalk" has the meaning ascribed to it in Article 1 above;
"GCU" means the General Terms and Conditions of Use;
"Account" means the account that must be created to be a user and access the services offered by the Platform;
"Facebook account" has the meaning ascribed to it in Article 3.2 below;
"Service Provider" means the User who uses the Platform to offer its tourist service to one or more users of the platform.
"Confirmation of the reservation" has the meaning ascribed to it in Article 4.2.1 below;
"Content developed by the User" has the meaning attributed to it in Article 11.2 below;
"Management Expenses" has the meaning assigned to it in Article 5.2 below;
"User" means that someone created an Account in the Platform;
"Shared Charges" means, for a given Trip / Plan / Service, the sum of money requested by the service provider and accepted by the traveler / s to distribute in equal parts.
"Place" means the number of free spaces;
"Platform" has the meaning ascribed to it in article 1 above;
"Reserve" has the meaning ascribed to it in Article 4.2.1 below;
"Services" are the users that provide services that can be contacted by other users, mainly travelers.
"Tourist service" action that is carried out by a service provider to satisfy the tourist need of a traveler.
"Traveler" is the user who does not offer any service, and who has the ability to contact other users, both travelers and services, as well as creating ads.
"Website" means the website that can be accessed from the address www.wanawalk.com;
3. Registration in the Platform and creation of an Account
3.1. Registration conditions in the Platform
The Platform can only be used by people over 18 years of age. It is strictly forbidden to register on the platform by a minor. Access to the Platform, confirmation and guarantee that is more than 18 years.
3.2. Creating an Account
The Platform allows Users to create and search travels, services and interact with service providers to reserve them. It is possible to consult the trips and services without being registered in the Platform. However, I do not think that creating a trip, signing up for an adventure, writing comments and booking a service without having created an account to become the user.
To create your account you need to fill in all the required fields in the registration form;
By creating your Account, you provide truthful and accurate information, and update the information through your profile or by sending a notification to Wanawalk, in order to ensure its relevance and accuracy for the entire duration of your contractual relationship with Wanawalk.
In case you register with an email, you agree to keep the password selected secret during the creation of your account and not to communicate with another person. In case of loss or disclosure of your password, you must immediately contact a Wanawalk. You are solely responsible for the use of your Account by third parties, except that Wanawalk has expressly communicated the loss, fraudulent use by Of a third party, or disclosure of your password to a third party.
Remember not to create or use, under your own identity or under the identity of a third party, any Account additional to the one created initially.
Wanawalk may, for purposes of transparency, enhance accuracy or prevent or detect fraud, establish a system to verify some of the information provided in your profile.
You acknowledge and agree that any reference in the Platform or Services to "certified" information, or any other similar term, only means that a User has successfully passed the verification procedure on the Platform or Services to provide you with more Information about the User with whom you are planning to share a Plan, Trip or Service. Wanawalk can not guarantee the veracity, reliability or validity of the information subject to the verification procedure.
4. Use of Services
4.1. Posting Ads
As a User, as long as you meet the conditions set forth below, you may create and publish Announcements in the Platform by entering information about the Travel / Plan / Service you are going to perform (dates / times / arrival, number of places offered, available options, quantity Of Shared Costs, etc.).
You will only be able to publish an Announcement if you fulfill each and every one of the conditions indicated below:
• you do not offer more Places than those available;
• you use a vehicle or other means of transport in good condition and that complies with all legal regulations of the country in which the service is provided;
• you have the necessary insurance and security measures to provide the tourist service offered according to the current legislation.
• it is not allowed to announce anything illegal in the country where the service is provided, or anything that may offend, demean or alter the normal development of the platform or other users.
• The ad must faithfully correspond to the actual service rendered.
• you do not offer more Places than those available;
• the trip offers all possible safety measures
• you are willing to share with the indicated places
• respect the companions at all times
• it is not allowed to announce anything illegal in the country where the trip / plan is carried out, or anything that may offend, demean or alter the normal development of the platform or other users.
• You are not directly responsible for the organization of the trip, you are simply the user in charge of contacting, adding or modifying services or routes of the trip.
You acknowledge that you are solely responsible for the content of the advertisement you post on the Platform. Therefore, you acknowledge and guarantee the truthfulness and accuracy of all the information included in your Ad, and you agree to carry out the Travel / Plan / Service under the conditions described in your Ad by respect to the other users that adhere to it.
Your advertisement, as long as it complies with the present GCU, will be published in the Platform and therefore can be seen by all Users and visitors, even by people who are not Users of the Platform, that perform a search in the Platform Or on the website of Wanawalk-affiliated companies. Wanawalk reserves the right, in its sole discretion and without prior notice, not to publish or delete, at any time, any Advert that does not comply with the present GCU or that considers that it may damage its image, the image of the Platform Or the image of the Services (of all other users) of Wanawalk.
You acknowledge and agree that the rule used in the classification and establishment of the display order of your Advertisement among the other Advertisements is the exclusive rule of Wanawalk.
4.2. Book a place
The methods available to reserve a Place depend on the type of Travel / Plan / Service you are going to carry out.
4.2.1. Book a service
Wanawalk offers a free service that allows the Passenger to send a "request" message to the Service Provider of a Service in which they are interested. By sending this message, the Service Provider will receive your request and once accepted, the reservation will be confirmed. Until both parties have accepted, the process will not be terminated.
Any use of the Services of the Platform, both as Traveler and Service Provider, is related to a specific name. The identity, in both cases, must correspond with the identity communicated by them to Wanawalk and the other Users participating in the Trip / Plan / Service.
In addition, the Platform is designed to reserve Places for people. It is forbidden to reserve a Plaza to transport any object, package, animal that travels alone or any other material element.
It is also prohibited to publish an Advertisement for any other Service Provider other than you.
4.3. Evaluation system
Wanawalk encourages you to post your comments and / or ratings on a Service Provider (in the case that you are a Traveler) or on a Traveler (in the case that you are a Service Provider) with which you have shared a Travel / Plan / Service or with whom you are supposed to have shared it. However, it is not allowed to leave comments on any other User with whom you have not traveled or with whom you did not intend to travel.
Your opinion, as well as the opinions that have been published by other Users about you, will be able to be seen and published in the Platform immediately.
You will be able to respond to a comment made about a trip / plan / service by another User after receiving the comment.
You acknowledge and agree that Wanawalk reserves the right not to post or delete any comments, questions, opinions or responses thereto if you believe that your content is in breach of these Terms and Conditions.
Wanawalk reserves the right to suspend your Account, limit your access to the Services, or terminate the present GCU should Wanawalk deem it convenient.
5. Financial conditions
Access to and registration on the Platform, as well as the search, display and publication of Ads, do not imply any cost. However, the Reserve will be made after the corresponding payment of a fee (at the time the payment option through the platform is available), under the conditions described below: (Wanawalk reserves the right to charge in a Future a fee for these activities)
5.1. Shared Costs
The Shared Costs are determined by you, as a Traveler / Service Provider, under your sole responsibility.
5.2. Administration fees
Wanawalk, may charge for the use of the Platform a Management Expenses, (hereinafter referred to as "Management Expenses").
You acknowledge and agree that Wanawalk may, in its sole discretion, round up or down the Management Expenses and the Amount of Shared Costs, in order to facilitate the payment and collection of travelers and / or services.
5.4. Payment methods
5.4.1. Collection Authorization
By using the Platform as a Service Provider, you grant Wanawalk an authorization to collect the amount of Costs in your name and on your behalf.
Therefore, upon automatic acceptance of the Reservation, Wanawalk may charge the total amount paid by the Traveler (Management Expenses and Amount of Shared Costs).
The amount of costs received by Wanawalk is deposited in an account dedicated to the payment of the Service Providers.
You acknowledge and agree that none of the above amounts received by Wanawalk on behalf of the Service Provider give right to charge interest. You agree to respond with due diligence to any request by Wanawalk, and in general, any competent administrative or judicial authority, especially in relation to the prevention of money laundering. Fundamentally you agree to provide, upon your request, any evidence of your address and / or identity that is useful.
In the event of failure to respond to such requests, Wanawalk may take such action as may be necessary, such as freezing the amounts paid and / or suspending your Account or terminating these Terms and Conditions.
5.4.2. Payment of the amount of costs.
Following the Provision of a Service, Travelers shall have a period of seven (7) calendar days during which they shall expressly confirm to Wanawalk that the Service has been performed. In the absence of confirmation or challenge on your part during this period, Wanawalk will treat the Service as confirmed.
From the moment of this express or tacit confirmation, you will have, as a Service Provider, a credit to be credited to your Account. This credit corresponds to the total amount paid by the Traveler when confirming the Reservation after having deducted the Management Expenses, that is, the Amount of shared costs paid by the Traveler.
When the Traveler confirms that you have enjoyed the service, you, as a Service Provider, have the option to provide instructions to Wanawalk to pay the money in your bank account (by entering your bank information in advance in your Account) or in your account (By entering your PayPal email address in advance into your Account).
The payment order to your name will be sent the first business day after your request or, if you do not make such request, within 30 days after delivery of the amounts in question on your profile (as long as Wanawalk has your bank information ).
Once the applicable time periods have expired, any unclaimed amount will be deemed to belong to Wanawalk.
6. Cancellation Policy
6.1. Payment refund conditions in case of cancellation
This cancellation policy will only apply to Services with reservation; Wanawalk does not offer any guarantee in case of cancellation for any reason, either by a Traveler or by a Service Provider, in the case of Services without reservation.
The cancellation of a Place in a Service Provision with reservation by the Service Provider or the Traveler once confirmed the reservation, will be subject to the following:
- In case the cancellation is made by the Service Provider, the Traveler will be refunded the total amount paid (that is, the amount of shared costs and related Management Expenses). Fundamentally these are cases in which the Service Provider cancels the trip or does not arrive at the meeting point within 30 minutes after the agreed time;
- In case of cancellation by the Traveler:
• If the Traveler cancels more than 24 hours in advance of the scheduled departure time mentioned in the Notice, the Traveler will only be returned the amount of shared costs. The Management Expenses will remain Wanawalk and the service provider will determine their cancellation conditions.
• If the Traveler cancels less than 24 hours before the departure time mentioned in the Announcement or if he has not reached the meeting point within 30 minutes after the agreed time, he will not be entitled to any refund. The Service Provider will be compensated with the total cost of the Shared Cost Amount and the Management Fee will be Wanawalk.
Wanawalk will assess, in its sole discretion and according to available information, the legitimacy of reimbursement requests.
6.2. Right of withdrawal
In accordance with the provisions of Article 103 a) of the General Law for the Defense of Consumers and Users, you will not have the right to withdraw from the moment of delivery of the Reservation Confirmation, provided that the Contract between you and Wanawalk, consisting of contacting another User.
- Behavior of Users of the Platform and Users
7.1. Commitment of all users of the Platform
You acknowledge that you are solely responsible for respecting all laws, regulations and obligations applicable to the use of the Platform.
In addition, when using the Platform and during the Travel / Plans / Provision of Services, you commit to:
• (i) not send false, confused, malicious or fraudulent information to Wanawalk (especially at the time of creating or updating your Account) or to other Platform Users;
• (ii) not to speak or behave or publish any content on the Platform that may be defamatory, libelous, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, connotative Or incites violence, discrimination or hatred, or encourages activities or the use of illegal substances or in a more general manner that is contrary to the objectives of the Platform and which may infringe the rights of Wanawalk or a third party, or that May be contrary to good customs;
• (iii) not infringe rights and not damage the image of Wanawalk, especially with respect to its intellectual property rights;
• (iv) not open more than one Account in the Platform with the same service and not open an Account on behalf of a third party;
• (v) not attempt to circumvent the online reservation system of the Platform, mainly by attempting to send to another User any type of contact information; Such as e-mail or telephone number, address, etc., to make the reservation outside the Platform (vi) not to contact another User, through the Platform, for any purpose other than the definition of conditions Of shared displacement;
• (vii) not accept or make payment outside the Platform, except in the cases authorized by the present GCU in the case of services without reservation;
7.2. Commitments of Service Providers
When you use the Platform as a Service Provider, you agree to:
• (i) abide by all laws, regulations and codes with respect to the service you are offering, especially having liability insurance in force; Committing to carry out the service in a totally legal way and authorized by the competent authorities.
• (ii) not assume any risk during the Service Provision, nor take any product that may negatively affect your attention and your ability to drive in a safe and complete manner;
• (iv) carry out the Service Delivery according to the description in the Notice (especially with respect to whether or not to use the motorway) and to respect the hours and places agreed with the other Users (especially the meeting point and the place of destination) ;
• (v) not take more Travelers than the number of Places indicated in the Announcement;
• (vi) use tools, facilities or vehicles in good condition and comply with all legal regulations,
• (viii) in case of delay or change in the time or in the Course itself, inform your Travelers without delay;
• (ix) wait for the Travelers at the agreed meeting point at least 30 minutes after the agreed time;
• (x) not to publish any Notice relating to a Provision of Services that is not yours;
• (xi) make sure that Travelers can contact you at the telephone number or email registered on your profile;
• (xii) have no contraindications or medical incapacity to Provide the Service;
• (xiii) behave in an appropriate and responsible manner during the Service Provision,
• (xiv) do not attempt to bypass the online reservation system of the Platform, mainly trying to send to another User any type of contact information; Such as e-mail or telephone number, address, etc., to make the reservation outside the Platform (vi) not to contact another User, through the Platform, for any purpose other than the definition of conditions Of shared displacement;
7.3. Commitments of Travelers
When you use the Platform as a Traveler, you commit to:
• (i) adopt appropriate behavior during the Trip / Service Plan so that it does not interrupt the concentration of the Service Provider or the peace and tranquility of the rest of the travelers;
• (ii) respect the tools, facilities or vehicles with which a service is provided and its cleaning;
• (iii) in case of delay, inform the Service Provider without delay;
• (iv) in the case of Service Benefits without having made the payment on the platform, pay the Service Provider the agreed Quantity of Costs;
- (v) wait for the Service Provider at the agreed meeting point at least 30 minutes after the agreed time;
• (vi) communicate to Wanawalk, or any Service Provider on request, your identity document or any other document proving your identity;
• (vii) not transporting any article, substance or animal, whose nature, possession or transportation is illegal during a Trip / Plan / Service Provision;
(Viii) in the case of a Transboundary Service Provision, maintain and make available to the Service Provider and to any authority requesting it a valid document showing your identity and your right to cross the border;
• (ix) make sure that Travelers can contact you in the email or telephone number registered in your profile, even at the meeting point.
• (xi) not attempt to bypass the online reservation system of the Platform, mainly by attempting to send to another User any type of contact information; Such as e-mail or telephone number, address, etc., to make the reservation outside the Platform (vi) not to contact another User, through the Platform, for any purpose other than the definition of conditions Of shared displacement;
In the event that you have made a Reservation for one or more Places on behalf of third parties, in accordance with the provisions of the previous Article 4.2.3, you guarantee that said third party will respect the conditions established in said Article and, in general, the present GCU. Wanawalk reserves the right to suspend your Account, limit your access to the Services or terminate these Terms and Conditions in case of non-compliance by the third party in whose name you have reserved the Plaza in accordance with these Terms.
- Suspension of accounts, limitation of access and termination
You can terminate your contractual relationships with Wanawalk, at any time, for free and without having to explain the reason. To do this, simply go to the "Unsubscribe" tab on your Profile page.
When you unsubscribe as a user, you will not be able to use the reason account and the profile data will be deleted, but this does not imply that all trips, photos or any comments linked to your profile that have been shared in Wanawalk are removed.
In the event of (i) breach by you of these Terms and Conditions, including, but not limited to breach of your User obligations as set forth in Articles 7 - 7.1 - 7.2 - 7.3 above, (ii) (Iii) in the event that Wanawalk has any real reason to believe that it is necessary to protect its security and integrity, that of the Users or third parties, or for the purpose of fraud prevention Or investigations, Wanawalk reserves the right to:
• (i) terminate the Terms and Conditions that bind you to Wanawalk immediately and without notice;
• (ii) prevent the publication of, or delete any opinion, advertisement, message, content, reservation request or any content you have posted on the Platform;
• (iii) limit your access to and use of the Platform;
• (iv) temporarily or permanently suspend your Account.
When it is necessary to make such termination, you will be notified of this decision so that you can present your explanations to Wanawalk. Wanawalk will decide, at its discretion, whether or not to lift the termination applied.
9. Personal data
10. Intellectual property
10.1. Content posted by Wanawalk
Subject to the content provided by its Users, Wanawalk is the sole holder of all intellectual property rights related to the Service, the Platform, its content (specifically texts, images, designs, logos, videos, sound, data and graphics ) And with the software and databases that ensure its operation.
Wanawalk guarantees you a personal, non-exclusive and non-transferable right to use the Platform and Services, for your personal and private use, for a non-commercial purpose and in accordance with the purpose of the Platform and Services.
It is strictly forbidden to use or exploit the Platform and Services, including its content, for any purpose other than that intended without the prior written consent of Wanawalk. In particular, the following is strictly forbidden:
(I) reproduce, modify, adapt, distribute, publicly represent and disseminate the Platform, the Services and all of its contents, unless expressly authorized by Wanawalk;
• (ii) decompile and reverse engineer the Platform or Services, except as otherwise provided in applicable texts;
• (iii) extracting or attempting to extract (in particular using data extraction robots or similar data collection tools) a substantial part of the Platform data.
10.2. Content published by the User on the Platform
In order to allow the provision of the Services, and in compliance with the purpose of the Platform, you grant Wanawalk a non-exclusive license to use the content and data you have provided in the context of the use of the Services Hereinafter referred to as the "Content developed by the User"). In order to allow Wanawalk to distribute through the digital network and in accordance with any communication protocol (in particular the Internet and mobile networks) and to be able to offer the content of the Platform to the public, you authorize Wanawalk to reproduce, represent, adapt And translate your User-developed Content for the entire world and for the entire duration of your contractual relationship with Wanawalk, in accordance with the following:
• (i) authorize Wanawalk to reproduce all or part of your Content developed by the User in any digital recording media, known or to be known, specifically on any server, hard disk, memory card or other equivalent medium, in any Format and by any process, known or to be known, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the Platform and the provision of the Service;
- (ii) authorize Wanawalk to adapt and translate its Content developed by the User, and to reproduce such adaptations in any digital medium, known or to be known, established in item (i) above, in order to provide the Services in different Languages. This right includes the option to make modifications in the format of your Content developed by the User, with respect to your moral right, with the objective of respecting the graphic design of the Platform or to make your Content compatible technically with our Software for later publication through the Platform.
11. Wanawalk Function
The Platform constitutes an online network connection platform in which Users can create and publish Travel Advertisements / Plans / Services with the aim of sharing them and, if applicable, the costs associated with them. These Advertisements will be displayed by the other Users to check the conditions of the Trip / Plan / Service and, when applicable, to directly book a Place in the Travel / Plan / Service in question with the User who has posted the Advertisement on the Platform.
By using the Platform and agreeing to these Terms and Conditions, you acknowledge that Wanawalk is not part of any agreement entered into between you and other Users in order to share the costs related to a Trip / Plan / Service.
Wanawalk has no control over the behavior of its Users and Users of the Platform. You do not own, operate, supply or manage the services included in the Ads, and do not offer Travel / Plan / Service on the Platform.
You acknowledge and agree that Wanawalk does not control the validity, truthfulness or legality of the Advertisements, Places and Travel / Plans / Services offered. As an intermediary, Wanawalk's role is limited to facilitating access to the Platform.
Users (Travelers or Service Providers) act under their sole and total responsibility.
In its capacity as an intermediary, Wanawalk will not be held liable for any incident that occurs during a Trip / Plan / Service, especially as regards:
• (i) erroneous information communicated by the Service Provider in its Notice, or by any other means, with respect to the service and its conditions;
• (ii) the cancellation or modification of a Trip / Plan / Service by a User;
• (iii) the non-payment of the Shared Costs by a Traveler in the case of a Service without reservation;
• (iv) the behavior of its Users during, before or after the Trip / Plan / Service.
- Functioning, availability and functionalities of the Platform
Wanawalk will try as much as possible to maintain the constant operation of the Platform 7 days a week and 24 hours a day. However, access to the Platform may be temporarily suspended without prior notice for technical reasons, maintenance, migration or upgrade operations, or due to power outages or restrictions related to the operation of the network .
In addition, Wanawalk reserves the right to modify or suspend all or part of the access to the Platform or its functionalities, at its discretion, either temporarily or permanently.
13. Modification of the GCU
These GCUs and the documents integrated by reference form the entire agreement between you and Wanawalk regarding the use of the Services. Any other document mentioned in the Platform (FAQ, for example), is for indicative purposes only.
Wanawalk may modify the present GCU to adapt to its technological and commercial environment, and to comply with the legislation in force. Any changes made to the GCU will be published in the Platform indicating the date of entry into force, and you will receive a notification of such change before the entry into force of the same.
14. Applicable Law - Litigation
These GCUs have been drafted in Spanish, in accordance with Spanish legislation.
If necessary, you may also submit your claims with respect to our Platform or Services on the European Commission's online dispute resolution platform. The European Commission will send its complaint to the competent national body. In compliance with the law applicable to arbitration, you are required, prior to requesting arbitration, to communicate to Wanawalk in writing any claims or litigation in order to obtain a friendly settlement.
15. Legal notice
La Plataforma is edited by Wanatravel, a limited company, registered in the Business Register of Valencia with the number XXXXXX, having its registered office in the Launching Building, Marina Real Juan Carlos I, Muelle de la Aduana S / N, Valencia (Spain).
The website is hosted on the servers of XXXXXXXX.
For any questions, you can contact Wayna Travel S.L using this email: firstname.lastname@example.org