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The terms defined below, beginning with a capital letter, both in the plural and singular, shall have the following meanings in these General Terms of Reservation:
Beneficiary: means the person who uses the Experience Gift, who reserves the Experience of his choice and who will benefit from this Experience.
Experience Gift: Experience Gifts are published and marketed by Smartbox and allow the Beneficiary to access an Experience of his choice from the list of available Partners which is accessible on the Website.
Experience Gifts come in several formats: the “Gift Box”, the “E-Box”, the “Gift Card”, “Web Exclusives”, as well as “Unique Experiences”:
The “Gift Box” comes in a physical format with a box containing a Voucher, as well as a paper brochure presenting some of the Partners included in the corresponding Experience Gift offer (a full list of Partners can be viewed on the Website).
The “E-Box” is an electronic version of the Gift Box.
The “Gift Card” is a new format of the Experience Gift and is only available in supermarkets and/or Smartbox stores excluding the Website. It is detachable from its support, contains the Voucher in itself and must be presented to the Partner's establishment chosen by the Beneficiary in order to access the Experience. This card has an identification code (Pass number) and a confirmation number (under the scratch chip) located on the back of the card.
“Web Exclusives”, which only come in electronic form, are only available for purchase on the Website.
“Unique Experiences”, which only come in electronic form, correspond to an Experience which is only valid with a single Service Provider that is already determined in the offer.
Experience Gifts are always accompanied by a Voucher (see definition below).
The list of Partners and Experiences available for the Experience Gifts can be accessed directly on the Website.
Vouchers (also called “Passes” or “E-tickets”) may come:
In any case, the Voucher has no face value and is used to benefit from the chosen Experience in exchange for the Voucher.
Tourist Package means under Section 2(1) of the Package Holidays and Travel Trade Act 1995 (as amended), a combination of at least two of the following components pre-arranged by the organiser when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:
Partner: refers to the provider listed with Smartbox who provides the Beneficiary with the Experience.
Parties: refers to the Beneficiary and/or Smartbox.
Website: means the Smartbox website accessible via this URL: www.smartbox.com/ie.
Smartbox Group Ltd or Smartbox: an Irish company having its registered office at Joyce’s Court, Block A, Talbot St, Dublin 1, D01 FV59, Ireland, registration number 463103, issues and markets Experience Gifts, on behalf of its partners which provide the services offered in the Experience Gifts.
Smartbox acts as an agent and publishes Experience Gifts on behalf of its Partners who provide the services offered in the Experience Gifts.
Through the Beneficiary Account, Smartbox offers an intermediary platform allowing Partners to post the dates of availability of the proposed Experiences, through which the Beneficiary can organise, plan and book an Experience with one of the available Partners, as well as additional overnight stays and/or accommodation.
These General Terms of Reservation are intended to set the terms and conditions of access and use of the booking platform, directly by the Beneficiary within his Beneficiary Account or through customer service, in order to book one of the Experiences offered by one of the Partners.
They apply to any stay reservation made on the Beneficiary Account or through customer service.
Experiences that are not booked via the Website or through customer service , and booked directly with the Partner will be subject to the Partner’s General Terms of Reservation.
They can be modified without notice, and only the General Terms of Reservation on the day of booking shall apply. The Beneficiary acknowledges having the ability to contract and guarantees the truthfulness and accuracy of the information provided by him or any third party using his data on his Beneficiary Account. By booking an Experience via the Website or via Customer Service the Beneficiary acknowledges that he has read and accepted these General Terms of Reservation.
The General Terms of Reservation are valid from 1 July 2018 and supersede all previous versions of these terms.
ARTICLE 1: FORMATION OF THE CONTRACT AND BOOKING PROCESS
In order to book an Experience, the Beneficiary can make his reservation:
The booking is made as follows:
When choosing the dates, the Beneficiary may choose between several different colours on the proposed schedule:
In the event that the provisions of the Package Holidays and Travel Trade Act 1995 apply to a booking, Smartbox will send to the Beneficiary the corresponding pre-contractual information prior to the online booking of the Experience via the I-Res a platform
However, as Smartbox acts as a mere agent of the Partners, the Beneficiary is reminded that the travel contract concluded during the booking will only bind the Beneficiary to the Partner, with Smartbox never becoming party to such contract.
Moreover, the Beneficiary is reminded that, for accommodation and stays, it is a rule of international hotels take possession of a room from 2pm on the day of arrival and to vacate it before 12 noon on the day of departure. Any room taken before 2pm or returned after 12 noon may be considered as an additional night consumed. However, the Beneficiary is invited to contact the Partner directly to find out the specific hours practised by it.
Regarding the classification of hotels and accommodation, the number of stars assigned to the establishment in the description corresponds to a classification declared by the establishment or established with reference to Irish and European standards.
ARTICLE 2: PRICE AND PAYMENT TERMS
Article 2.1: Price
The Experiences to which the Experience Gift relate are displayed without a price.
The price of additional Experiences, displayed on the Website, is the one in force at the time of the order and corresponds to the price of the Service including all taxes, apart from tourist tax and any additional costs.
The Beneficiary may be required to pay on-site, directly to the selected Partner, additional costs related in particular to the tourist tax, the presence of children, animals, etc., according to the payment methods offered by the Partner. In this case, the additional Experiences, as well as their cancellation and modification conditions, shall be subject to the specific conditions of the relevant Partner.
Article 2.2: Payment terms
In order to benefit from the chosen Experience, the Beneficiary must give the Voucher to the Partner.
Payment for additional Experiences can be made by credit card or Paypal, according to the following terms:
ARTICLE 3: NO RIGHT OF CANCELLATION
It is expressly stated thatthe Beneficiary will not be able to exercise his right of cancellation concerning: contracts relating to a Travel package, contracts relating to carriage of passengers services, as well as the provision of accommodation, transportation of goods, catering, or leisure activity services, which must be provided at a specified date or period.
Consequently, the Experiences booked on the Beneficiary Account are exclusively subject to the cancellation and modification conditions provided for in these General Terms of Reservation and no right of withdrawal may be granted.
ARTICLE 4: PROOF OF ORDERS/ARCHIVING
The Beneficiary is expressly informed that, unless there is an obvious error that he can prove, the data stored in the Smartbox databases has probative value with respect to bookings made. Data on a computer or on electronic medium that is regularly stored is admissible and enforceable evidence under the same terms and with the same probative value as any document received and retained in writing.
ARTICLE 5: MODIFICATION OR CANCELLATION OF THE RESERVATION
“Modification" means a change of date in the same establishment and for the same Experience. All other cases will be considered as cancellations.
Article 5.1: Unavailability, modification or cancellation of the booking due to Smartbox or the selected Partner.
Particular care is taken to ensure that the availability provided directly by the Partners is up to date. However, in exceptional and unavoidable circumstances, Smartbox may cancel the booking made online via the I-Resa platform, by notifying the Beneficiary without undue delay, before the start of the Experience.
No compensation will be owed by Smartbox to the Beneficiary.
Smartbox may then offer the Beneficiary:
In any case, the booking will be cancelled without charge, and any additional overnight stays/accommodation/Experiences paid for by the Beneficiary will be refunded and the Voucher will be reactivated.
Article 5.2: Modification or cancellation of the booking due to the Beneficiary.
The Beneficiary may cancel the travel contract concluded with the Partner when booking at any time before the start of the Experience.
However, please note that in the event of the Experience being cancelled less than 10 (ten) days before the booking date, the Voucher will be considered as having been used by the Beneficiary and will therefore be lost.
In the event of exceptional and unavoidable circumstances occurring at or near the destination, which have a significant impact on the performance of the travel contract the Beneficiary will have the right to cancel the contract prior to the start of the Experience, without paying a cancellation fee,. In this case, the Beneficiary will have the right to be refunded for any additional overnight stays/accommodation/Experiences that he has paid for and his Voucher will be reactivated.
Notwithstanding the foregoing, any Experience interrupted, cut short or not used by the Beneficiary for any reason whatsoever, particularly in case of no show or late attendance at the Partner’s premises or at a venue other than that provided for in the initial booking, will not give rise to any refund, and the Voucher will be considered as having been duly used.
The cancellation may be made by the Beneficiary directly on his Beneficiary Account.
The cancellation or modification request can also be made:
ARTICLE 6: ASSIGNMENT OF THE TOURIST PACKAGE OR SERVICES THAT MAY BE DESCRIBED AS TRAVEL SERVICES AS PART OF A TRIP WITHIN THE MEANING OF PACKAGE HOLIDAY AND TRAVEL TRADE ACT 1995
In accordance with the provisions of Section 16 of the 1995 Act the Beneficiary may assign his travel contract (already concluded with the Partner - see Article 1 above), excluding the insurance policy, provided that Smartbox and the Partner are informed by registered letter with acknowledgement of receipt, no later than 7 (seven) days before the start of the Travel package or the service that may be described as a “travel service” as part of a trip within the meaning of Directive 2015/2302, by indicating precisely the surname, first name and address of the new Beneficiary.
A Beneficiary wishing to assign his travel contract must ensure that the assignee meets all the criteria necessary for the performance of the Experience chosen and reserved (in particular but not exclusively, majority or person with reduced mobility). In the event of any incompatibility of these criteria between the assignee and the Experience reserved, the Beneficiary having assigned his contract will be solely responsible for it, and the Voucher will be considered as having been duly used, even if the assignee was not able to benefit from the assigned Experience.
ARTICLE 7: EXCLUSION AND LIMITATION OF LIABILITY
The Beneficiary must take particular care when entering his contact details and address, including those relating to his identity and personal details. To this end, he confirms to Smartbox that all information provided on the Beneficiary Account is accurate, up-to-date and not misleading in any way. The Beneficiary is informed and agrees that the information entered for the purpose of creating or updating his Beneficiary Account is sufficient proof of identity. The information provided by the Beneficiary commits him as soon as he validates it. Furthermore, the Beneficiary undertakes to maintain the confidentiality of his username and password. Any intervention made with the Beneficiary's username and password will be deemed to be made by the Beneficiary and the Beneficiary will remain solely responsible for it. Except in case of loss or theft covered by the "Loss and theft" guarantee offered by Smartbox, the Beneficiary expressly releases Smartbox from all liability in case of misuse or fraudulent use by a third party of his identification elements and his Beneficiary Account.
Smartbox takes the quality and the professionalism of selected Partners very seriously. However, it may be that some of them are required to modify or no longer offer their Experiences or Smartbox may be forced to no longer reference them for reasons related to the quality and safety of the Experiences. In this case, we will offer a modification and you will have the option, either to accept the modification, or to request a new E-Box of an amount equal to the value of the voucher and usable exclusively on the Website.
Smartbox cannot in any case be responsible for the use of the Beneficiary Account made by the Beneficiary, particular dates and Experiences chosen. Any error by the Beneficiary will not engage the liability of Smartbox, whatever the consequences. Similarly, Smartbox is not aware of the availability posted online by the Service Provider on its booking platform, on which Smartbox does not carry out any selection, verification or control of any kind and in respect of which it intervenes only as a technical data hosting provider within the meaning of Article 6.I.2° of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. Consequently, Smartbox cannot be held liable for the availabilities posted, with any complaints in this regard to be made to the Provider concerned in the first instance.
Smartbox undertakes to provide the Beneficiary Account diligently and according to the rules of the art, it being specified that Smartbox has an obligation of means, to the exclusion of any obligation of result, which the Beneficiary expressly acknowledges and accepts. To this end, Smartbox makes every effort to ensure that the descriptions are as accurate as possible and to update them in real time. As such, Smartbox reserves the right to temporarily interrupt access to the Beneficiary Account for maintenance reasons. Smartbox cannot be held liable for any temporary difficulties or impossibilities of access resulting from external circumstances, force majeure or due to disruption to the telecommunications network, with the Beneficiary being informed of the complexity of global networks and the influx, at certain times, of internet users.
The Beneficiary Account is provided by Smartbox as is and without warranties of any kind, either express or implied. Smartbox does not guarantee that the Beneficiary Account, which is subject to constant research to improve its performance and progress, will be completely free from errors, defects or faults.
ARTICLE 8: COMPLAINTS
Except in cases of force majeure and without prejudice to any possible legal remedy all complaints must be submitted, with supporting documents, by registered letter with acknowledgement of receipt to this address: Smartbox Group Ltd - Customer Service -, Joyce’s Court, Block A, Talbot St, Dublin 1, D01 FV59, Ireland, Or On the Website by completing the form available on the "Contact Us" page.
ARTICLE 9: CUSTOMER SERVICE
Any request for information and clarification regarding, in particular, the booking, reimbursement, or operation of Experiences, should be sent to Smartbox Group Ltd:
ARTICLE 10: PERSONAL DATA
ARTICLE 11: INTEGRITY OF THE CONTRACT
If Smartbox does not avail itself of any of the clauses of these General Terms of Reservation at a given moment shall not be construed as a waiver of any of said terms at a later date.
If any of these provisions should be declared void or deemed unwritten, the validity of the remaining provisions of the General Terms of Reservation will not be called into question.
ARTICLE 12: APPLICABLE LAW
The law governing these General Terms of Reservation the contract at the time of a booking through the Website by a Beneficiary is Irish law for all disputes relating, in particular, to their validity, interpretation, execution or termination.
ARTICLE 13: COMPETENT JURISDICTION - SETTLEMENT OF DISPUTES
Regarding any disputes, the Parties undertake, before any legal action, to seek together, in good faith, an amicable solution within thirty (30) days. Any complaints must therefore first be made in writing to the Smartbox Customer Service by completing the form available on the Website or by contacting Smartbox, with supporting documents, at the following address: Smartbox Group Limited - Customer Service - Joyce’s Court, Block A, Talbot St, Dublin 1, D01 FV59, Ireland.
The Beneficiary is informed that he can also submit a complaint to the European Online Dispute Resolution Platform at this URL address:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false, by using the following address as the Smartbox contact address: firstname.lastname@example.org.
If no amicable agreement can be found, the dispute will then be submitted to the exclusive jurisdiction of the courts of Ireland.
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