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Last updated March 2017

This is a summary of our key Booking Terms and Conditions. It should not be a substitute for reading the full version below.

The Services you can buy or book via Spotimist are sold by our Partners and not by us. We are only responsible for arranging and concluding your booking and we have been appointed by our Partners to act as their commercial agent to do so.
If you pay for Services from our Partners through our Website or our App, we may collect and receive your payment on behalf of the relevant Partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Partner for the Services.
The contract for the Services is directly between you and the relevant Partner. We are not liable for the Services you receive from our Partners. However, please do let us know if you encounter a problem or if the Service you receive at a venue falls short of your expectations and we’ll do our best to help.
Please check all details and any restrictions relating to a Service thoroughly before booking.
Please ensure that any medical or other allergy/health information is disclosed to Partners before your appointment or stay.
If you want to reschedule or cancel a Dated Booking (and provided that rescheduling or cancellation (as applicable) is not prohibited by these Booking Terms and Conditions) this must be requested and completed by either:

using your Spotimist account via the Website or the App;
following the link in your Order Confirmation email; or
emailing our Customer Care team here.
If you want to cancel an order for an eVoucher (and provided that cancellation is not prohibited by these Booking Terms and Conditions) you must email our Customer Care team here.

If you want to cancel a Spotimist Gift Card (and provided that cancellation is not prohibited by these Booking Terms and Conditions) this must be requested and completed by either:

using your Spotimist account via the Website or the App;
following the link in your Order Confirmation email; or
emailing our Customer Care team here.

Rules regarding cancellation vary depending on whether you have purchased a Dated Booking, a Subscription, a Pass, an eVoucher or a Spotimist Gift Card:

You may cancel a Spotimist Gift Card or eVoucher within 14 days of receiving your Order Confirmation and we can offer you a full refund, unless you have already used it to book an appointment or Pass or have redeemed it against another purchase.
If you wish to cancel an eVoucher more than 14 days after receiving your Order Confirmation (but prior to its expiry), we can offer you a credit note for the amount paid, unless you have already booked an appointment or stay or have redeemed it against another purchase.
You may cancel a Dated Booking within 24 hours of receiving your Order Confirmation provided the appointment is not due to take place in the next 24 hours. In such cases we can offer you a full refund. If however the appointment is due to take place within the next 24 hours, you will not be entitled to a refund or a credit note.
If you wish to cancel a Dated Booking more than 24 hours after receiving your Order Confirmation, and provided the applicable appointment is not due to take place within our partner refund policy period, we can offer you a credit note for the applicable amount. If however the appointment is due to take place within our partner refund policy period, you will not be entitled to a refund or a credit note.

If you want to talk to us, please get in touch with our team and we’d be happy to help:

Email: Support

Post: Spotimist, Castle gate, Lord Edward Street, Dublin, Ireland

Full version

Please read these Booking Terms and Conditions carefully before you complete any transactions via the Website or our App as these Booking Terms and Conditions will apply to your transaction. We recommend that you print a copy of these Booking Terms and Conditions for future reference. If you do not agree with these Booking Terms and Conditions, you must not use our Website or our App to make a booking.

Defined Terms
1. For ease of reference the following terms shall have the following meanings in these Booking Terms and Conditions:
  1. “ App” means the Spotimist Customer mobile application software available for download from iTunes and Google Play;
  2. " Customer", "you" and "your" means you, the buyer of any Services;
  3. “ Dated Booking” means an appointment at a specific time/date with a particular Partner for the provision of Services;
  4. " eVoucher" means an eVoucher sold by a Partner on the Website or via our App which can be used for the purchase of Services from a particular Partner selected at the time of purchasing the eVoucher;
  5. “ Order” has the meaning given in section 3.1 below;
  6. “ Order Confirmation” has the meaning given in section 3.4 below;
  7. “ Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website or our App;
  8. “ Partner Contract” has the meaning given in section 2.3(b) below;
  9. " Services" means any products, goods and/or services of a Partner offered for purchase or booking via the Website or our App;
  10. “ Spotimist Contract” has the meaning given in section 2.3(a) below; and
  11. " Spotimist Gift Card" means any gift card issued by Spotimist and which may be redeemed on the Website or the App to discount the purchase price of Services, in accordance with clause 9. Spotimist Gift Cards are available for purchase in the following denominations: €10, €25, €50, €100, €125, €150, €200 and €250.
Introduction and relationship between you, us and third party partners
1. This Website and our App is operated by KMZero Limited, a company registered in Ireland under company number 591755 and whose registered office is at Castle gate, Lord edward Street, Dublin, Ireland, with VAT registration number ############# (" Spotimist", " us", " we" or " our" for short).
2. The Website and our App allow you to book and pay for a broad range of activities, class and entertainment services from a variety of providers (our Partners). Those Services are provided by our various Partners and not by us. Spotimist is responsible for taking and concluding your bookings as the commercial agent of the relevant Partners. The provision of the Services booked via our Website or our App is the responsibility of the Partner which provides them. In the event you pay for Services via the Website or App, your payment will either be paid directly to the relevant Partner or will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agent on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.
3. The legal implication of this is that when you purchase Services, it will create two binding legal contracts:
  1. contract between you and Spotimist (under which Spotimist has certain responsibilities to you in relation to the purchase or booking) (the “ Spotimist Contract”). That contract is made based on these Booking Terms and Conditions; and
  2. contract between you and the relevant Partner in respect of the provision or supply of the Services which you book through the Website or our App (the “ Partner Contract”). That contract is subject to certain provisions of these Booking Terms and Conditions including the cancellation period as defined herein, which we will notify you of before you make a booking either on the relevant Partner's page on the Website or via our App.
4. All Services available for purchase on the Website or via our App are offered by Spotimist on behalf of its Partners. That is, Spotimist takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website or our App (including those Services purchased using Spotimist Gift Cards).
5. We amend these Booking Terms and Conditions from time to time as set out in clause 12. Every time you wish to make an Order on the Website or via our App, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
Orders and how the contract is formed between you and us
1. There are two types of orders (" Order") you can make on the Website or via our App: (a) Orders for Services and (b) Orders for Spotimist Gift Cards.
2. In respect of Orders for Services, there are two ways you can place your Order:
  1. Dated Booking; or
  2. the purchase of an eVoucher/pass for a Service of a particular Partner.
3. The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order.
4. We are appointed as the commercial agent of the Partner to conclude bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (usually by email) (" Order Confirmation"). In respect of Orders for Spotimist Gift Cards and eVouchers, receipt of an electronic voucher (if earlier) will count as an Order Confirmation.
5. For Dated Booking Orders, if you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received an Order Confirmation, provided your appointment is not due to take place within our partner refund policy period, then please contact us and we will endeavour to offer you a suitable alternative time and/or date. If we are unable to accommodate your request to reschedule your appointment:
  1. if you contacted us to do so within 24 hours of receiving your Order Confirmation (and provided the appointment was not due to take place within our partner refund policy period from the time you asked to reschedule (such timeframe as notified to you on making your Order)), we will offer you a refund in respect of the part of your Order which we are unable to reschedule; or
  2. if you contacted us to do so 24 hours or more from receiving your Order Confirmation, provided the appointment was not due to take place within our partner refund policy period from the time you asked to reschedule (such timeframe as notified to you on making your Order), we will offer you a credit note in respect of the part of your Order which we are unable to reschedule.
6. You can contact us to reschedule an appointment here, via the Website or the App or by following the link in your Order Confirmation. Please note that our ability to accommodate your request will be subject to the Partner’s availability during the time you wish to reschedule.
7. If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately through te contact form. If you wish to cancel a Partner Contract (i.e. if you wish to cancel an Order after you have received an Order Confirmation), please refer to our cancellation policy in clause 5 below.
8. Please note, as set out in our Website & App Terms of Use, we reserve the right to withdraw access to our Website and/or App and/or cancel any Order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
Services
1. Our Partners are under a legal duty to provide Services that are in conformity with the relevant Partner Contract.
2. All Services shown on the Website and our App are subject to availability and the images and/or descriptions of the Services on the Website and our App are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website or via our App is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Partner's responsibility to ensure that all of its Services listed on the Website or via our App are available and accurately described.
3. If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens Information. Nothing in these Booking Terms and Conditions will affect these legal rights.
4. It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clause 11.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither Spotimist nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.
Cancellations
1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or Spotimist Contract (as applicable) and receive a refund or a credit note in accordance with the terms set out in this clause 5.
2. If you change your mind about an Order for a Dated Booking, a Subscription, a Pass, an eVoucher or a Spotimist Gift Card and wish to cancel it, the following cancellation terms apply:
  1. Dated Bookings
    1. If you cancel (in whole or in part) a Dated Booking within 24 hours of receiving your Order Confirmation, provided the applicable appointment is not due to take place within our partner refund policy period, you will be entitled to a refund of the applicable amount via the original method of payment. If the appointment is due to take place within our partner refund policy period, you will not be entitled to any refund or credit note.
    2. If you cancel (in whole or in part) a Dated Booking more than 24 hours after receiving your Order Confirmation provided the applicable appointment is not due to take place within our partner refund policy period, you will be entitled to a credit note for the applicable amount which must be redeemed on the Website or the App within six months of receipt by you of such credit note. If the appointment is due to take place within our partner refund policy period, you will not be entitled to any refund or credit note.
    3. If permitted by these Booking Terms and Conditions and the relevant Partner, cancellations of Dated Bookings must be made by one of the following methods:using your Spotimist account via the Website or by using the App;
      1. following the link in your Order Confirmation; or
      2. contacting our Customer Care team here
    4. PLEASE NOTE THAT IN A SMALL NUMBER OF CIRCUMSTANCES IT MAY NOT BE POSSIBLE TO CANCEL A DATED BOOKING BUT WE WILL DRAW THIS TO YOUR ATTENTION BEFORE YOU PLACE YOUR ORDER SO THAT YOU CAN DECIDE WHETHER OR NOT YOU ARE PREPARED TO PROCEED WITH ENTERING INTO THE CONTRACT ON THAT BASIS.
    5. PLEASE NOTE THAT NO REFUND OR CREDIT NOTE WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED 24 HOURS OR LESS FROM THE TIME OF THE SCHEDULED APPOINTMENT
  2. eVoucher and Pass
    1. A refund of the applicable amount via the original method of payment is possible if you cancel (in whole or in part) an eVoucher within 14 days of receiving your Order Confirmation, provided you have not yet redeemed the applicable eVoucher by making an appointment for the Services with the relevant Partner or by using the eVoucher as credit for another purchase. We will grant any refund within 14 days of agreeing such refund with you in accordance with this clause 5.
    2. If you cancel (in whole or in part) an eVoucher more than 14 days after purchasing it, provided you have not yet redeemed the applicable eVoucher by making an appointment for the Service with the relevant Partner or by using the eVoucher to redeem against another purchase, and provided the eVoucher has not yet expired, you will be eligible for a credit note for the applicable amount, which must be redeemed on the Website or the App within six months of the date of issue of such credit note.
    3. If permitted by these Booking Terms and Conditions and the relevant Partner, cancellations of eVouchers must be made by contacting our Customer Care team here.
    4. PLEASE NOTE THAT NO REFUND OR CREDIT NOTE WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED ONCE AN EVOUCHER HAS BEEN FULLY REDEEMED, EITHER VIA AN APPOINTMENT WITH THE RELEVANT PARTNER BEING BOOKED OR BY BEING REDEEMED AGAINST ANOTHER PURCHASE.
    5. PLEASE ALSO NOTE THAT WHERE A CANCELLATION IS ATTEMPTED ONCE AN EVOUCHER HAS BEEN REDEEMED IN PART, EITHER VIA AN APPOINTMENT WITH THE RELEVANT PARTNER BEING BOOKED OR BY BEING REDEEMED AGAINST ANOTHER PURCHASE, NO REFUND OR CREDIT NOTE WILL BE GIVEN IN RESPECT OF THE REDEEMED PART OF THE EVOUCHER.
  3. Spotimist Gift Cards
    1. A refund of the applicable amount via the original method of payment is possible if you cancel (in whole or in part) a Spotimist Gift Card within 14 days of receiving your Order Confirmation, provided you have not already used it to book an appointment or stay or redeemed it against another purchase. We will grant any refund due within 14 days of agreeing such refund with you in accordance with this clause 5.
    2. If permitted by these Booking Terms and Conditions, cancellations of Spotimist Gift Cards must be made by one of the following methods:
      1. using your Spotimist account via the Website or by using the App;
      2. following the link in your Order Confirmation; or
      3. contacting our Customer Care team here
    3. PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED ONCE A Spotimist GIFT CARD HAS BEEN FULLY REDEEMED, EITHER VIA AN APPOINTMENT WITH A PARTNER BEING BOOKED OR BY BEING REDEEMED AGAINST ANOTHER PURCHASE.
    4. PLEASE ALSO NOTE THAT WHERE A CANCELLATION IS ATTEMPTED ONCE A Spotimist GIFT CARD HAS BEEN REDEEMED IN PART, EITHER VIA AN APPOINTMENT WITH A PARTNER BEING BOOKED OR BY BEING REDEEMED AGAINST ANOTHER PURCHASE, NO REFUND WILL BE GIVEN IN RESPECT OF THE REDEEMED PART OF THE Spotimist GIFT CARD
Resolving Issues
1. We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Partners or their Services, please contact us here, write to us at Spotimist, Castle Gate, lord Edward Street, Dublin 2, Ireland, and we’ll do our best to help.
2. Following receipt of a complaint we will contact the Partner to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Partner, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:
  1. give you a credit note for the disputed/complained about amount of your Order (to be redeemed on the Website or the App to reduce the purchase price of any Services); or
  2. as a last resort or in extreme circumstances and always at our sole discretion refund the disputed/complained about amount directly to you via the original method of payment. Please note that it might take up to 30 days to receive a full refund in such cases.
3. Further or alternatively, if you are unhappy with the Services received from a Partner pursuant to an Order you can also:
  1. speak to the Partner yourself to try and resolve the issue; and/or
  2. leave an honest review on the Website or via the App to reflect your experience.
4. IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT OUR PARTNERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE SERVICE(S) WHICH THE PARTNERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH SERVICES WHICH YOU HAVE RECEIVED FROM OUR PARTNERS.
eVouchers
1. When you order an eVoucher for a particular Service with a particular Partner, you will need to contact the relevant Partner yourself in order to set the time/date of the appointment.
2. eVouchers are cancellable in accordance with the cancellation terms set out in clause 5.
3. The expiry date of an eVoucher will be set by the relevant Partner and can range from one month to 24 months. The expiry date can be found on the eVoucher itself. Please check this carefully and if you are unclear as to the expiry date of your eVoucher please contact us here.
4. An eVoucher can only be redeemed with the relevant Partner identified in the Order. If you want to change the Partner with whom your eVoucher can be redeemed, you will need to contact Spotimist here and Spotimist may at its discretion arrange for the reallocation of the eVoucher to an alternative Partner. Please note however that Spotimist is not obliged to do so in these circumstances.
Spotimist Gift Vouchers
1. Spotimist no longer issues Spotimist gift vouchers, which have been replaced by the Spotimist Gift Card. If you have any queries regarding expired gift vouchers, please contact us here.
Spotimist Gift Cards
1. Spotimist Gift Cards are issued by Spotimist and delivered electronically in accordance with your Order. You may only redeem a Spotimist Gift Card through the Website or App for Services or eVouchers. This means that we will reduce the purchase price payable for the Services or eVoucher(s) by the equivalent value on your Spotimist Gift Card. If the purchase price of Services is less than the value of your Spotimist Gift Card, any remaining balance on your Spotimist Gift Card will be shown in the “My Wallet” section of your profile on the Website and/or App (you will be required to create such a profile in order to use your Spotimist Gift Card for the first time).
2. Spotimist Gift Cards are only cancellable in accordance with clause 5. You cannot use a Spotimist Gift Card to:
  1. pay for Services at a Partner's own venue or on their own website;
  2. purchase additional Spotimist Gift Cards; or
  3. exchange the balance on a Spotimist Gift Card for cash.
3. All Spotimist Gift Cards are only valid for the period of twelve months after the date of their purchase. The expiry date of your Spotimist Gift Card will be included in the Spotimist Gift Card email itself. If you have added the Spotimist Gift Card to an account, you will also be able to see when your Spotimist Gift Card balance is due to expire when you log in and visit the “My Wallet” section of your profile.
4. If you or the recipient do not receive your Spotimist Gift Card, you should contact us immediately here and, provided the Spotimist Gift Card has not already been redeemed, we will cancel the Spotimist Gift Card and issue you with a new one.
Price and payment
1. Prices and any applicable delivery and/or processing charges will be as quoted on the Website or via the App from time to time, but may be subject to change by Spotimist or Partners at any time (in which case the Website and the App will be updated accordingly, but changes will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published on the Website and the App).
2. Prices include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services.
3. The Website and our App contain details of a number of Services and it is possible that, despite Spotimist’s best efforts, some of the pricing and other information shown for certain Services is incorrect.
4. Payment for all Services must be made at the time of booking in euros by credit or debit card, or via a third party payment processor such as PayPal or by using the online payment facility (" Payment Facility"). If you do choose to pay via a third party payment processor, you will be redirected to their site to make payment and will be subject to their terms and conditions, privacy policy and other terms of use. Please check those carefully before confirming your Order. You will be responsible for protecting the confidentiality of your Website or App user ID and any password or other security information used by you to access your account on the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
5. Payments made through the Payment Facility are processed by third party payment services providers. Spotimist takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
6. If you pay for Services via the Payment Facility, Spotimist will collect the payment in its capacity as the commercial agent of the relevant Partner. Once Spotimist has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf Spotimist has collected the payment.
Liability
1. Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Spotimist Contract.
2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Irish law.
Our right to vary these Booking Terms and Conditions
1. We may revise these Booking Terms and Conditions from time to time in the following circumstances:
  1. if we change the process for accepting payment from you;
  2. if there are changes in relevant laws and regulatory requirements; and/or
  3. if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions.
2. Every time you order Services or Spotimist Gift Cards via the Website or our App, the Booking Terms and Conditions in force at that time (and available for view on the Website and our App) will apply to the Spotimist Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
General
1. All communications and notices from you must be sent to Spotimist by contacting us here or by post to Spotimist, Castle gate, lord Edward street, Dublin 2, Ireland. Spotimist may communicate and give notice to you via post, email or by posting notices on the Website or via our App.
2. Please note our customer support hours are: 8am-8pm Monday to Saturday and 10am-6pm on Sundays and Bank Holidays in Ireland (closed Christmas Day and New Years’ Day).
3. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
4. These Booking Terms and Conditions will be governed by and construed in accordance with the laws of Ireland. You and we each agree that the Irish courts will have non-exclusive jurisdiction over any claim or dispute or non-contractual obligation arising from, or related to, the ordering and/or supply of Services via the Website or our App.