Terms and conditions

These terms govern the use of the Explora app and the purchase of tours. Please read them before your first purchase.

This is a translation for convenience. The German version is the legally binding one.

1. Scope and provider

The Explora app and this website are provided by Oliver Seib, Kühlwetterstraße 43, 40239 Düsseldorf ("we"). These terms apply to all contracts between us and you concerning use of the app and the purchase of digital tours.

Your own differing terms do not become part of the contract unless we expressly agree to their application.

2. What we offer

Explora provides GPS-guided audio tours as digital products. A tour consists of audio chapters, map material, waypoints and tasks such as codes, ciphers and puzzles. Chapters start automatically once you reach the corresponding waypoint; every chapter can also be started by hand.

Tours are designed to be walked on site. Stated duration, length and number of stops are guide values and depend on your pace and local conditions.

3. Formation of the contract

Downloading the app is free. Individual tours are purchased as in-app purchases via Apple's App Store or Google Play. In that case the purchase contract for the tour is formed under the terms of the respective store operator, who handles payment, invoicing and refunds.

4. Prices and payment

The prices displayed in the app or store at the time of purchase apply. All prices are final prices including statutory VAT. There is no subscription; each tour is a one-off purchase.

5. Provision

After purchase the tour is available to download immediately. We recommend downloading over Wi-Fi before starting — a tour is around 10 to 40 megabytes. No data connection is needed once you are on the route.

6. Rights of use

With your purchase you receive a simple, unlimited, non-transferable right to use the tour for private purposes. All rights to texts, audio recordings, images, puzzles and map data remain with us or with the respective rights holders.

Without our prior written consent it is in particular not permitted to:

• reproduce, publicly communicate or distribute content,
• record, capture or pass on content,
• use tours commercially, for example for paid guided tours or group offerings,
• circumvent technical protection measures or pass on access credentials.

Sharing a tour privately — for example within a group of up to five people using one device — is expressly permitted and intended.

7. Vouchers and redemption codes

Voucher codes entitle you to unlock the designated tour once. Cash payout is excluded. Codes are valid for three years from issue, counted from the end of the year in which they were issued.

8. Updates

For the period you can reasonably expect for digital products of this kind, we provide updates necessary to maintain conformity with the contract, including bug fixes and security updates (§ 327f of the German Civil Code). We inform you about available updates. If you do not install a provided update despite notification, we are not liable for defects arising solely from that.

9. Defects

The statutory provisions on contracts for digital products (§§ 327 et seq. of the German Civil Code) apply. If a tour is defective, you can first request supplementary performance; if that fails, you can terminate the contract or reduce the price.

There is no defect where a tour does not work as intended for reasons outside our control — for example inaccurate GPS reception between tall buildings, roadworks, closures or changes to the cityscape. In those cases every chapter can be started manually.

10. Your safety on the route

During a tour you move through public space and road traffic. Pay attention to your surroundings, to traffic and to other people. Do not operate the device while walking at crossings or junctions, and wear headphones so that you can still hear your surroundings. The app must never replace your attention to traffic.

The routes shown are suggestions. Whether a path is passable, accessible and safe is for you to judge on site. Observe barriers, opening hours, house rules and instructions from officials. Entering private property is not part of any tour. Tours with children take place under the supervision and responsibility of the accompanying adult.

11. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.

In cases of simple negligence we are liable only for breach of an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely (cardinal obligation). In that case liability is limited to the foreseeable damage typical for this type of contract.

Any liability beyond this is excluded. This applies in particular to damage arising because you did not pay sufficient attention to your surroundings, and to road traffic accidents.

12. Tour content

True crime tours deal with real, documented criminal cases. They may contain distressing depictions of violence and death. We flag the character of each tour beforehand. To protect those affected and their relatives, names and identifying details are partly changed; this is noted in the afterword.

Mystery tours retell handed-down accounts and mark what is source and what is legend. No statement about the existence of supernatural phenomena is implied.

13. Right of withdrawal

As a consumer you have a right of withdrawal. Details and the particularities for digital content are set out in our withdrawal policy.

14. Changes to these terms

We may change these terms where this becomes necessary due to changes in law or case law, or where we introduce new services. We will notify you of changes in text form at least six weeks before they take effect. If you do not object within that period, the changes are deemed accepted; we will point this out separately in the notification. Tours already purchased remain unaffected.

15. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If your habitual residence is in another EU member state, the mandatory consumer protection provisions of that state remain unaffected.

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Düsseldorf.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.