These Terms of Use (these “Terms”) govern your access to and use of the online marketplace operated by Explore Dunya (“Explore Dunya”, “we”, “us” or “our”) at exploredunya.com (the “Platform”), through which independent third-party suppliers (“Suppliers”) offer travel experiences, tours and activities (“Experiences”). By creating an account or making a booking, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1. Definitions and interpretation

1.1 In these Terms, unless the context otherwise requires:

Australian Consumer Law

means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time;

Booking

means your order for an Experience made through the Platform;

Experience

means any experience, tour, activity or related service offered by a Supplier through the Platform;

Supplier

means the independent third party that provides an Experience.

1.2 In these Terms: (a) headings are for convenience only and do not affect interpretation; and (b) the words “including”, “includes” and similar expressions are not words of limitation.

2. Our role — we are an intermediary, not the provider

2.1 Explore Dunya operates a booking platform and acts as the disclosed agent of the Supplier. We do not own, operate, organise, control or deliver the Experiences, and we do not employ the guides or staff who conduct them.

2.2 Each Booking forms a contract for the Experience between you and the Supplier alone. You purchase the Experience from the Supplier, and not from Explore Dunya, and we facilitate the Booking and collect payment on the Supplier’s behalf as its agent.

2.3 The Supplier, and not Explore Dunya, is responsible for delivering the Experience, for its safety, and for satisfying the standards, licences and legal requirements applicable to it.

3. Your account

3.1 You must provide accurate information, keep your login credentials secure, and be at least 18 years of age (or make a Booking under the supervision of a responsible adult). You are responsible for all activity conducted under your account.

4. Bookings, prices and payment

4.1 Prices are displayed in the applicable currency and comprise the amounts payable for the Experience. Availability and price are confirmed at the time of Booking. Payment is taken at the time of Booking through our payment processor and is collected on the Supplier’s behalf. A Booking is confirmed upon your receipt of a confirmation from us.

4.2 The specific terms of each Experience, including its inclusions, meeting point, requirements and the Supplier’s cancellation policy, are set out on the listing and in the Booking Terms, which apply to each Booking.

5. Changes, cancellations and refunds

5.1 Each Experience is subject to the Supplier’s cancellation and refund policy, which is displayed prior to Booking. Where you are entitled to a refund, we shall process it on the Supplier’s behalf to your original payment method. Your rights under the Australian Consumer Law and other applicable consumer law are not affected by any cancellation policy.

6. Your responsibilities and the nature of Experiences

6.1 You are responsible for: arriving punctually at the meeting point; satisfying the Experience’s stated age, health, fitness and skill requirements; complying with the Supplier’s safety instructions; and obtaining any travel documents, visas and personal travel or medical insurance that you require.

6.2 You acknowledge and agree that certain Experiences (for example, adventure, water, height or wildlife activities) carry inherent risks. The Supplier is required to disclose such risks on the listing. You should read them and book only those Experiences suitable for you and your party. The Supplier may refuse participation, without refund, where you do not satisfy the stated requirements or would endanger yourself or others.

6.3 Certain Experiences require you to accept the Supplier’s own risk acknowledgement or waiver prior to participation. Any such acknowledgement or waiver is a matter between you and the Supplier.

7. Reviews and content

7.1 You may submit reviews and other content, provided that such content is honest, lawful and does not infringe the rights of any third party. You grant us a licence to display such content, and we may moderate or remove it at our discretion.

8. Liability

8.1 Nothing in these Terms operates to exclude, restrict or modify any consumer guarantee, right or remedy available to you under the Australian Consumer Law or other law that cannot lawfully be excluded. Without limitation, we must provide our booking services with due care and skill, and we do not exclude our liability for any failure to do so, or for death or personal injury caused by our negligence, to the extent the law does not permit such exclusion.

8.2 Subject to clause 8.1, and because the Experiences are provided by Suppliers and not by us:

• we are not responsible or liable for the conduct of any Supplier, including any negligent, wrongful or defective performance of an Experience, or for any personal injury, illness, death, loss of or damage to property, or other loss arising in connection with an Experience, and your claims in respect of the Experience itself lie against the Supplier that provided it;
• we shall not be liable for any delay, cancellation or overbooking by a Supplier, or for any event beyond our reasonable control (including force majeure); and
• to the maximum extent permitted by law, we shall not be liable for any indirect or consequential loss, and, where our liability in respect of the booking service may lawfully be limited, it is limited to the resupply of that service or the refund of the amount paid by you to us in respect of the Booking.

8.3 We give no assurance that any destination or Experience is free from risk, or that travelling to it is prudent.

9. Variation of these Terms

9.1 We may vary these Terms from time to time and shall publish the varied Terms with a new version number and effective date. We record the version accepted by you and the date of acceptance. Your continued use of the Platform after a variation takes effect shall constitute your acceptance of the varied Terms.

10. Governing law

10.1 These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction. If you contract with us as a consumer resident in another country, the mandatory consumer protections of your country of residence may also apply.