TERMS & CONDITIONS

Introduction

These terms and conditions, which may be amended from time to time, apply to all Experiencegift services directly or indirectly made available online, through any device, or byemail. By using the Experiencegift website or any other platform, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below.

1. Scope and Role of Experiencegift

Through the website www.experiencegift.com we (Experiencegift and its affiliate (distribution) partners) provide an online platform through which various experience gift cards can be purchased, e.g. for hotels (Hotelgift), flights (Flightgift), and activities (Activitygift), hereinafter collectively referred to as Experiencegift.

The gift cards purchased at Experiencegift.com are redeemed at their respective websites, e.g.www.hotelgift.com, www.flightgift.com, and www.activitygift.com. From the point at which you make your booking, Experiencegift acts solely as an intermediary between you and the experience provider as Experiencegift does not sell experiences under its own name. With respect to the conclusion of the agreement between you and the experience provider, Experiencegift exclusively acts as a commercial agent (handelsagent) - within the meaning ofarticle 1:5a (2) (b) of the Dutch Financial Supervision Act (Wet op het financieel toezicht) - for the account of the respective experience provider against a consideration on a transactional base. This legal relationship is based on a lasting commercial agreement between Experiencegift and each of the respective experience providers.

Experiencegift does therefore not act for and on behalf of your account. Experiencegift transmits the details of your booking to the relevant experience provider and sends you a confirmation email for and on behalf of the experience provider.Experiencegift is responsible for the transaction process on www.experiencegift.com. As such, Experiencegift manages transaction disputes for and on behalf of the experience provider should payment process issues occur. In addition, if there are any questions, remarksor complaints about the transaction, please contact us directly

2. Reliance on Third Party Information and Services

When rendering our experience services, the information that we disclose is based on the information provided to us by our experience providers. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information, or non-delivery of information.

3. Privacy and Cookies

The privacy of all Experiencegift users is respected. For more information about this, please see Privacy and Cookies in the footer of the Experiencegift website.

4. Payment and Prices

Payments are immediately due when ordering. Payments can be made by Visa, MasterCard, PayPal, and available local payment methods. All Experiencegift payment processes are properly secured. Payments (pending) cannot be amended or cancelled. The processing of giftcard transactions requires 24 hours. As such, the purchased gift card code can be redeemed after 24 hours.

All prices on www.experiencegift.com are displayed including VAT and other taxes, unless stated differently on our website or the confirmation email. The issuing of gift cards of Experiencegift is out of scope of VAT.

Business orders for gift cards are generally settled by invoice payment. Orders to be paid via invoice are sent within two business days. Please note that the gift cards of Experiencegift will only be activated once the order payment has been made. Please contact us for questions or special requests.

5. Cancellation of a Gift Order

All Experiencegift value codes are bearer instruments that represent a monetary value. As Experiencegift value codes can be duplicated or shared with third parties after the sale, and hence be redeemed by any third party, order cancellation is not possible.

6. Expenditure Possibilities and Validity of a Experiencegift

The Experiencegift value codes can be used only to buy and acquire experiences on the website of the chosen gift card brand, e.g. for hotels (Hotelgift.com), flights (Flightgift.com), and activities (Activitygift.com).

All Experiencegift value codes are valid for two years, to be calculated from the date of purchase.

Experiencegift reserves the right to block / deactivate any Experiencegift of which the payment has been cancelled or not received in any way. In case one or more bookings have been made with an Experiencegift that has not been paid for fully, Experiencegift reserves theright to cancel these bookings.

7. Redeem an Experiencegift

Introduction

Experiencegifts are solely redeemable for all experiences that show availability at the websiteof the chosen gift card brand, e.g. for hotels (Hotelgift.com), flights (Flightgift.com), and activities (Activitygift.com). It is not possible to make your booking and redeem your Experiencegift directly with an experience provider.

When making a booking at the chosen gift card website, the gift card value will be deducted from the amount payable. If the gift card is not used in full at once, the remainder stays valid for another booking. If the booking is more expensive than the gift card value, the remainder can be paid for by online payment. One gift card can be used per booking.

If the passenger’s name includes a middle name or a middle initial, please add it to the passenger’s first name(s) field. Please always enter the full last name(s). All names need to beentered exactly as in the passport.

All experience bookings do not include any extras unless this is clearly specified. After making the booking you might be able to add additional services or upgrade your experience on the website of the experience provder, provided that the experience provider allows you todo so. The Experiencegift value code cannot be used for that purpose.

It is not possible to redeem your Experiencegift for funds or cash payment.

After every booking completion, the customer receives a booking confirmation code. For flight bookings, the flight can be managed and checked-in on the airline’s website.

8. Cancel or Modify a Booking

Per experience different cancellation terms exist. Please check the website of your selected Experiencegift for the cancellation policy of the experience.

9. Booking Complaints

If you have complaints about the booking, please contact the experience provider directly. Experiencegift is not liable for any claims or complaints about the experience. If you are not able to resolve the dispute/complaint directly with the experience provider, Experiencegift will investigate and intermediate in the dispute/complaint to find a solution.

10. Intellectual Property

Unless stated otherwise, the intellectual property rights (including the copyrights) of the content, material, and information on this website is property of Experiencegift. Without Experiencegift’s written consent, no part of this website may be used or reproduced.

11. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, Experiencegift shall not be held liable for (i) any punitive, special, direct, or indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the flightas made available on our website, (iii) the services rendered or the products offered by the flight provider, (iv) any (direct, indirect, consequential or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strictliability by or (wholly or partly) attributable to the flight (its employees, directors, officers, agents, representatives, or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control.

12. Legal Entity

Experiencegift is part of Locada B.V., which is a private limited liability company incorporated under the laws of the Netherlands. Locada B.V. is registered with the trade register of the Chamber of Commerce under registration number 59310685. Our VAT registration number is NL853416084B01. We are located at Herengracht 439-1, Amsterdam, the Netherlands.

13. Governing Law

The Dutch law applies to all our services and products. All rights reserved.

14. Instagram giveaway terms and conditions

These terms and conditions are valid for the Instagram giveaway of a €100 Experiencegift card.

1. The Experiencegift Instagram giveaway is not sponsored, endorsed or administered by, or associated with Instagram.
2. The Experiencegift Instagram giveaway will run on a rolling monthly basis from 22nd October 2020 and is ongoing until Experiencegift announces the final date.
3. The winner of the giveaway will be announced on the Experiencegift Instagram page on the last Friday of the month.
4. Entrants must be 18 years of age or older to participate in the giveaway.
5. To enter the giveaway, entrants must post a photo on Instagram with their gift card, include the hashtag #myexperiencegift and follow the Experiencegift Instagram account.
6. By using the #myexperiencegift hashtag, we have permission to repost the entrant’s image on the Experiencegift platform and the entrant will be automatically entered into the prize draw.
7. The winner will be chosen at random.
8. The winner has 72 hours to claim the prize.
9. The winner must message by DM to the Experiencegift Instagram page to claim the prize or email us at [email protected] or [email protected]
10. If the winner fails to claim the prize within 72 hours, Experiencegift will choose another winner at random.
11. The winner selects which Experiencegift €100 gift card they want to receive; Flightgift, Hotelgift, or Activitygift.
12. Experiencegift will send the €100 Experiencegift card by post to the winner.
13. Experiencegift will post the Experiencegift €100 card to the winner within a week of receiving their postal address.