Terms and Conditions of Use for the Shakadabra Platform

Last updated: 25/11/2024

1. Introduction

1.1. Shakadabra SRL, with its registered office at Via Velasquez, 19, Palermo, VAT number 07262490829, is the owner of the Shakadabra platform, accessible via the app and web app.
1.2. The platform allows Providers (travel agencies, tour operators, entities, or authorized individuals) to offer paid travel experiences, and Explorers (registered users) to purchase such experiences.
1.3. The use of the platform implies acceptance of these Terms and Conditions, which govern the relationship between Shakadabra, Providers, and Explorers.

2. Definitions

Provider: A registered entity on the platform offering travel experiences for sale.
Explorer: A user who purchases experiences through the platform.
Experience: A tourism activity offered by Providers (e.g., excursions, tastings, sporting activities).
Platform: The Shakadabra app and web app through which transactions take place.

3. Registration and Use of the Platform

3.1. Registration is free for both Providers and Explorers.
3.2. Providers must provide accurate information and documentation proving their identity and authorization to offer travel experiences.
3.3. Explorers must ensure that the data provided during registration is truthful and up-to-date.
3.4. Shakadabra reserves the right to suspend or close accounts in case of violation of these Terms and Conditions.

4. Payment Methods and Transaction Management

4.1. Explorers pay for the experience at the time of booking through the available payment methods on the platform.
4.2. Shakadabra retains the amount paid by the Explorer until the experience is completed.
4.3. After 15 days from the completion of the experience, Shakadabra makes the payment to the Provider, retaining any applicable fees.
4.4. In case of cancellation or failure to complete the experience, the refund policies described in Section 6 apply.

5. Providers' Responsibilities

5.1. Providers are responsible for ensuring that the experiences offered are consistent with the descriptions provided on the platform.
5.2. Providers must ensure they have all necessary licenses, authorizations, and insurance coverage to offer the experiences.
5.3. Providers are solely responsible for using materials (including images, texts, videos, or other content) that are subject to copyright or other intellectual property rights in the descriptions of the experiences. Shakadabra will not be held responsible for any violations of third-party rights arising from the use of such materials by Providers.
5.4. Shakadabra is not responsible for any non-compliance by Providers.

6. Cancellation and Refund Policy

6.1. Explorers can cancel a booking within the time frame specified by the Provider in the experience description.
6.2. In the event of cancellation by the Provider, Shakadabra will provide a full refund to the Explorer.
6.3. If an experience is not completed due to reasons beyond the Explorer’s control, Shakadabra will review the case to determine whether a refund is applicable.

7. Limitation of Liability

7.1. Shakadabra acts solely as an intermediary between Providers and Explorers and assumes no liability for any damages, incidents, or service disruptions related to the experiences.
7.2. Shakadabra does not guarantee the continuous availability of the platform and reserves the right to temporarily interrupt services for maintenance.

8. Intellectual Property Rights

8.1. All intellectual property rights related to the Shakadabra platform, including but not limited to trademarks, logos, designs, software, source code, content, images, and texts, are the exclusive property of Shakadabra SRL or its licensors.
8.2. It is prohibited to copy, modify, distribute, reproduce, or use in any form the materials and content of the platform without prior written permission from Shakadabra SRL.
8.3. Users grant Shakadabra a non-exclusive, worldwide, free, and transferable license to use, modify, reproduce, and distribute the content uploaded to the platform (e.g., images, experience descriptions) exclusively for the purpose of promoting the services offered through the platform.
8.4. Any violation of intellectual property rights will be prosecuted according to the law.

9. Confidentiality Obligations

9.1. The parties (Shakadabra, Providers, and Explorers) agree to treat all commercial, technical, financial, and other information acquired in the course of using the platform and its services as confidential.
9.2. Such information cannot be disclosed to third parties, nor used for purposes other than those necessary to fulfill the agreements set forth in these Terms and Conditions, unless prior written consent from the relevant party is obtained.
9.3. The confidentiality obligation does not apply to information that:

Was already in the public domain at the time of communication.
Became public domain later, without violating contractual obligations.
Was received from third parties without confidentiality obligations.
Disclosure is required by law or competent authorities.
9.4. The parties agree to implement reasonable measures to ensure that confidential information is protected from unauthorized access.

Indemnity
10.1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, employees, agents, collaborators, and partners from and against any claim, damage, obligation, loss, liability, cost, or debt, and expense (including but not limited to legal fees) arising from:

Your use and access to the Services.
Your violation of any term of these Terms.
Your violation of any third-party rights, including but not limited to any copyright, property, or privacy rights.

Changes to the Terms and Conditions
11.1. Shakadabra reserves the right to modify these Terms and Conditions at any time.
11.2. Users will be notified of any changes via notification in the app and/or web app. Continued use of the platform implies acceptance of the changes.
Governing Law and Jurisdiction
12.1. These Terms and Conditions are governed by Italian law.
12.2. For any disputes arising from the use of the platform, the competent court will be the court of Palermo.

For more information, please contact us at: legal@shakadabra.com