General Terms and Conditions for outdooractive.com
Welcome to outdooractive, a service for outdoor and leisure information, tour planning, social networking and entertainment.
General terms and conditions of Outdooractive
These are the general terms and conditions of Outdooractive GmbH & Co. KG, Missener Straße 18, DE-87509 Immenstadt, which regulate the utilisation of the offer, the platform of Ourdooractive, a service for outdoor and leisure information, tour planning, social networking and entertainment.
The platform Outdoorarctive is retrievable under the domain www.outdooractive.com as well as numerous other channels which the user can look up under the following link: https://corporate.outdooractive.com/de/channels/. This is not a final list as the platform continually evolves and new channels are added/removed. The linked list is therefore updated on a regular basis.
§1 Operator and Scope of Application
The operator of this platform and therefore contracting party to the user of this platform is Outdooractive GmbH & Co. KG (called provider in the following).
Outdooractive GmbH & Co. KG Missener Straße 18 DE-87509 Immenstadt Phone: +49 8323 8006-0 Fax: +49 8323 8006-190 Mail: firstname.lastname@example.org
Registry court, registry number: District Court Kempten, HRA 8939 general partner: Outdooractive GmbH & Co. Kg is represented by the personally liable partner: Outdooractive Geschäftsführungs GmbH, registry court: District Court Kempten, registry number: HRB 9987. This is in turn represented by the CEO, Hartmut Wimmer. VAT ID according to §27a UStG: DE 261805298
§ 2 Definitions
“Works” in the sense of our general terms and conditions is every personal intellectual creation according to § 2 UrhG, photos according to § 72 UrhG and other products protected by ancillary copyright. Those are especially “works” in the sense of these general terms and conditions, images, graphics, labels and company logos, videos, audio files and tour geometries.
“Content” in the sense of these general terms and conditions are all works, comments, current reports and other information on the platform.
“Users” in the sense of these general terms and conditions are consumers as well as entrepreneurs. Consumers in the sense of the terms of business are natural persons concluding a legal transaction for a purpose which can neither be attributed to their commercial nor to their professional activity. Entrepreneurs in the sense of the terms of business are natural or legal entities or partnerships with legal capacity which act in the exercise of commercial or self-employed occupational activity.
These general terms and conditions are applicable for the purchase and the redemption of vouchers as far as not explicitly stated otherwise.
§ 3 Performance Specifications
Signing into the platform, using the platform and creating contents including complements and comments to other contents is free of charge.
The platform is an internet market place on which the users can plan and look for outdoor activities and have the possibility to book them at the provider’s cooperation partners. The provider makes electronic tools available (e.g. Route Planner, Tour Finder, online maps etc.) with which the users can plan, find and even create tours. Moreover, the users have the possibility to get in touch with other Community users, discuss certain topics, send and receive messages, create or participate in groups, to create events, evaluate content and complement them by adding current reports/conditions.
Goods and services of the provider’s cooperation partners are offered on the platform which the user can purchase from the cooperation partners. The cooperation partners of the platform have the possibility to present sales offers, the sales transaction, however, is executed on the respective website of the seller. The provider solely transmits the orders between seller and buyer. The provider does not become contractual party to the contracts concluded between the users. The contractual performance is only made between the members. Purchases from cooperation partners are only subject to their general terms and conditions. Offers from cooperation partners are marked as such on the platform.
A free registration of the user is necessary for the utilisation of the platform. The utilisation of the platform is only allowed within the scope of the legal regulations and these general terms and conditions.
Beyond the free utilisation of the platform, it is also possible to purchase an access to the provider’s “Premium Tours” as they are called. Those contents are created by professional editors and/or published by specialist publishers.
§ 4 Registration
A prerequisite of the utilisation of the platform is the opening of a user account. With this user account the user can sign into and use every channel of the platform. A list containing all channels can be found under the following link: https://corporate.outdooractive.com/en/platform/#channels.
Within the scope of the registration process the user enters his/her name and surname, gender as well as email address and chooses a password. After that, the provider sends an email to the user containing an activation link for the verification of the email address. With this email the provider makes an offer to the conclusion of a user contract. The user accepts the offer by clicking on the activation link, confirming that he/she has read the general terms and conditions and clicking on [Accept]. After this, his/her user account is activated and can be used to its full extent. The provider reserves the right to reject the registration without stating any reasons.
All information can be amended or added in the profile settings at any given time later on. The stated user information with the exception of the address, email address and contact data is published on the platform and publicly available.
The password chosen by the user has to be kept a secret. The user has to ensure that the access data does not fall into the hands of a third party that can then gain access and use the account. In case of the loss of the password or in case of the suspicion that a third party has gained knowledge of it or that a third party uses the user account, the user is obligated to inform the provider immediately. For the protection from unauthorised access of third parties, the password should be changed on a regular basis.
Natural, fully legally competent persons with a minimum age of 18 as well as legal entities can become members. Legal entities have to register via an authorised representative. It is strictly prohibited to create an account for a third party without the respective authorisation and that one user manages more than one account. The provider reserves the right to predicate the registration on the submission of the respective verification (trade register excerpt, trading license, official approvals or permits).
The data necessary for the registration has to be stated correctly and in full. Any modification to the stated data has to be reported immediately and/or corrected in the profile settings, in particular in case of discontinuation of business or freelancing, as well as insolvency or liquidation of the company. The user account is not transferable.
The provider reserves the right to predicate the usage of the service on certain prerequisites, such as the verification of the registration data or on the number of positive or negative evaluations.
§ 5 Contractual Duration
The contract between the user and the provider is concluded for an indefinite period. The contract can be terminated by each party at any given time in written form.
The right of blocking user accounts remains unaffected by this.
§ 6 Special Stipulations for the Purchase of the Provider’s “Premium Tours”
Conclusion and occurrence of contract: If the user wants to purchase premium tours on the platform that are subject to a fee, he/she can place a binding order on the platform within the scope of the tour description or purchase the premium tours in the App Store/Google Play Store via the provider’s app. In view of the purchases of a premium tour in the App Store, the general terms and conditions of Apple (http://www.apple.com/legal/internet-services/itunes/de/terms.html) are applicable in addition to these general terms and conditions. In view of the purchases of premium tours in the Google Play Store, the general terms and conditions of the Google Play Store (https://play.google.com/intl/de_de/about/play-terms.html) are applicable in addition to these general terms and conditions. For purchases on the provider’s platform the following terms apply: By uploading the premium tours the provider makes a binding offer for a conclusion of contract for those services. The user has to be signed-in or registered on the platform in order to purchase them.
As soon as the user has decided on a premium tour he/she can select it by clicking on the button [Unlock Tour] and is then forwarded to an overview of his/her purchases and to the page “Choose payment method”. The selection can be cancelled by clicking on the [Return]-button. On the page “Choose payment method” the total price is displayed. To complete the purchase the user has to choose a payment method. Depending on the chosen payment method the user either has to enter his/her credit-card data and click on the [Purchase] button by which the sales contract becomes legally binding, or he/she is forwarded to PayPal where the contract becomes legally binding by confirming the payment order.
Saving the order: The provider saves the order and the entered order information. The provider sends an order confirmation/invoice via email containing all order information and the general terms and conditions to the user. The user can view his/her passed orders in his/her profile at any given time.
Statutory warranty rights: For the provider’s goods the statutory warranty rights are applicable for the consumer.
Revocation instruction: In case you are an entrepreneur in the sense of § 14 of the German Civil Code [BGB] and act in execution of your commercial or freelancing activity when concluding the contract, the right of revocation does not exist.
Instruction of Revocation
Every natural person who concludes a legal transaction for the purpose mostly not related to his/her work in a commercial or self-employed capacity is included in the term “consumer”.
Right of Revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days starting from the day of the conclusion of contract. In order to execute your right of revocation you have to inform us (Outdooractive GmbH & Co. KG, Missener Straße 18, DE-87509 Immenstadt, phone: 0049 832380060, fax: 0049 83238006190, email: info@Outdooractive.com) via an unequivocal declaration (e.g. via a postal letter, fax or email) stating your decision to revoke this contract. You can use the attached revocation-form template. This, however, is not obligatory. In order to comply with revocation period it shall be sufficient to send the message containing the execution of the revocation right before the end of the revocation period.
Consequences of Revocation
In case you revoke the contract we will have to repay all payment which we received from you including the delivery costs (with the exception of additional costs that arise because you chose a different kind of delivery than the standard delivery offered by us) promptly and not later than within fourteen days after the receipt of the revocation message of this contract. For the repayment we use the same payment method that you used with the original transaction, unless we agreed on something different; we will in no way charge you any fees for these repayments.
(If you want to revoke the contract, please fill out this form and send it back to us.)
To Outdooractive GmbH & Co. KG Missener Straße 18 DE-87509 Immenstadt Fax: 0049 83238006190 Email: email@example.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods (*)/provision of the following services (*) _____________________________________________________ Ordered on (*)/received on (*) ____________________________________________________ Name of the consumer(s) ____________________________________________________ Address of the consumer(s) _____________________________________________________ Signature of the consumer(s) (not necessary on electronic message) _____________________________________________________ Date (*) Please delete as applicable
The user explicitly agrees that the provider starts with the execution of its services before the end of the revocation period. The user is aware that he/she loses his/her revocation right by agreeing to the start of the execution of the contract.
Prices: All indicated prices are final prices, i.e. they include all price components including the statutory VAT.
Conditions of payment: The payment is optionally made by credit card, PayPal or a voucher.
Credit card: With the placement of his/her order the user simultaneously transmits his/her credit card data. After the legitimation of the user as legally entitled card owner, the provider demands the initiation of the payment transaction from the credit-card company directly after the placement of the order. The payment transaction is executed automatically and the user’s credit-card is debited.
Voucher: As far as the user has a voucher code, he/she can pay by entering the code in the appropriate input box.
Customer Service: If you have questions or complaints, please feel free to contact our customer service via firstname.lastname@example.org.
OS platform: The EU commission has implemented an internet platform for the online-settlements of disputes (“OS platform”) between companies and consumers. The OS platform is available via http://ec.europa.eu/consumers/odr/. We are obligated to settle disputes involving consumers in front of a consumer arbitration board. For that purpose, consumers can turn to the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. [General Consumer Arbitration Board], Straßburger Straße 8, DE-77694 Kehl, http://www.verbraucher-schlichter.de.
§ 7 Granting of Rights of Use
The user grants the provider the non-exclusive, textual, spatial and temporal unlimited right to use the works (e.g. texts, images, graphics, brand and company logos, videos, audio files, tour geometries) that were uploaded to the platform on all websites operated by the provider gratuitously, as often as needed as well as textually, spatially and temporally unlimited. The provider is authorised to present, to publish, to duplicate, to distribute, to lease and to digitise the works on online and offline networks. Moreover, the provider has the right to save them electronically, to make them available to internal and external users and to use them for customary advertising purposes.
The provider receives the right to make the works publicly available in its app, RSS feeds, search engines, widgets and via the API (§ 8).
The assignment of rights listed under § 7 N° 1 also contains websites of other providers to which the works are sublicensed by the provider.
The user ensures that he/she is the author of the works or that he/she has the sufficient user and administration rights of the works allowing the utilisation of the platform.
The provider is obligated to attach a customary copyright notice. Moreover, the user has the possibility to choose between different Creative Common licenses for the utilisation of content when uploading images, videos and graphics. The correct tagging is the user’s responsibility.
The provider and the user of the platform are authorised to edit, shorten and amend the works under full reserve of the copyrights.
§ 8 License for the Utilisation of Contents
Users are allowed to use the contents for private purposes. The creation of duplicates (print versions of the tours) is only allowed for private purposes. These authorisations are only valid if proprietary notices (Copyright notices, credits to photographers and authors) as well as brands, logos and names remain unchanged.
All further utilisation (e.g. duplication for commercial purposes, archiving, transfer to third parties, utilisation and editing by third parties for own or third-party purposes, public rendition, translation, modification, etc.) especially editorial or commercial utilisation are only allowed with the written consent of the provider.
§ 9 Content Quality
Every published content is supposed to help other users to plan their outdoor activities and have fun on their next trip into nature. In order to ensure that every Community member arrives safely at his/her destination we want all users to comply with certain quality standards when it comes to creating a tour.
On that note, tours should be created with sensible tour descriptions, detailed information as well as with conclusive images. The general rule is that as many pieces of information as you would like to find should be entered.
§ 10 Widgets and API
The feature of embedding “A widget for my website” enables the users to embed public content from the platform into their website. For this purpose the provider provides the users with a fragment of an HTML code. The user can copy this HTML fragment and integrate it into the source code of his/her own website.
In case the page impressions should exceed 10,000 accesses a day for a HTML code fragment of Outdooractive on a website which embeds the HTML code fragments, Outdooractive reserve the right to restrict the access on the HTML code fragments of Outdooractive for this website.
The user is not granted more rights than those listed under § 8 n° 1 in view of the widget. The HTML code fragment and the references and links to Outdooractive used in this context shall not be amended or passed on to a third party.
§ 11 Illegal contents
The user is obligated not to create any illegal content and post it on the platform. In particular, the user shall not provide contents (notably works), supply, offer or promote contents that is against the law of the federal penal code, the narcotics law, the German drug and gun-control law or using content which is
offensive, defamatory, regardless of who is concerned;
pornographic, glorifying violence, abusive, immoral, or against the German Youth Protection Act;
an unreasonable harassment to other users, in particular via spam in the sense of § 7 of the German law against unfair competition (UWG);
protected by the copyright, trademark, patent right, utility model or registered design law, without being entitled to do so or;
which promotes anti-competitive action, including advertising on the basis of so-called geometric progression, such as pyramid selling, chain or snowball schemes;
Moreover, the user is not allowed to distribute or publicly render the contents of the platform or of the users, unless the distribution and public rendition is intended within the scope of the utilisation of the platform or unless other users agreed to the distribution and public rendition. In addition to this, the users are not allowed to put hyperlinks into their offer. The provider reserves the right to delete links of this sort. The creation of sham offers whose only purpose is the promotion of services outside of the provider’s platform or to obtain evaluations is prohibited. The user is also not allowed to use the post-contractual communication by email whose purpose is the processing of the contracts that were concluded on the provider’s platform, advertising of own goods and services those of a third party. Users are not allowed to use the platform for self-promoting purposes that exceed the depiction of their respective profiles. An exception are commercial users whose advertising is allowed in separate regulations.
§ 12 Warranty
The user ensures that he/she is entitled and capable of granting the rights within the certain, above-mentioned scope of the works posted by him/her. In particular, the user ensures not to post any works with which he/she infringes copyrights, trademark rights or other intellectual property of third parties. Moreover, he ensures that he does not post any anti-competitive contents. The user is obligated to obtain information and to verify them if doubts about an authorisation arise. Doubts arise if
the subjects are works protected by the copyright and/or neighbouring right and the user is not sure if he is the author or owner of sufficient proprietary rights of use and exploitation and other intellectual-property rights;
a third party participated in the creation of the works so that they might have obtained neighbouring rights;
the contents contain personal or sensitive data about individual people or groups, unless the user has the necessary permission/user rights.
The user ensures not to post any contents on the platform which intervene with the right of others or contents which is illegal or which has been declared inadmissible by the provider.
§ 13 Liability of the Provider
The provider is liable in terms of legal provisions with the following exceptions: As far as the damage for the user result from the loss of data, the provider is not liable for it insofar as the damages would have been avoided by the user by saving all of his/her relevant data though a complete data back-up. The provider is not liable for unforeseeable damages atypical for the contract. This does not apply far as the damage concerns life, limb or health, resulting from wilful or gross negligence in the absence of a guaranteed condition or from the culpable infringement of an essential contractual obligation which is imperative for the proper fulfilment of the contract and on which the contractual partner can rely in in normal circumstances (“Cardinal Duty”). The liability according to the product liability law remains unaffected by this.
The provider is not liable for the accuracy, quality, completeness, reliability, type or quality or credibility of the contents posted by the members. Those contents do not represent the opinion of the provider. In particular the provider does not adapt the contents of the members as its own. The provider is not liable for the conclusion, execution and the handling of the contracts between members. It merely provides the members with the platform for the purpose of exchange.
The provider is not liable for the accuracy and the up-to-dateness of the tour information, description, maps, GPS tracks, navigation, weather, risk potentials (e.g. avalanches, thunderstorms, etc.), accessibility, rest stops, etc.. Walking and driving on the tour described and created on the platform happens on one’s own risk.
§ 14 Liability of the User
The user is responsible for the entire concessions of user rights, posts, contents of his/her user profile as well as offers.
The user shall indemnify the provider against third-party claims arising against the provider and its legal representatives and/or vicarious agents or due to infringement of personal rights or other illegal contents (posts, comments, contents of user profiles, offers, etc.). The user takes on the judicial and extrajudicial costs for defence in a court arising for the provider and its vicarious agents amounting to the legal fees. He/she will support the provider in fighting those claims. A prerequisite for the indemnity is that the provider immediately informs the user about the assertion of claims and exercises its judicial defence according to the provisions of the user, as far as is does not manifestly lack the prospect of success.
§ 15 Blocking of Users, Deletion of Contents
The provider has the right to block users permanently and to refuse another access to the platform. A permanent blocking by the provider is especially possible when it comes to gross violations against the general terms and conditions, the infringement against the obligation of truthful information about the necessary personal data or gross infringement against the interdiction of the creation and posting of illegal contents. Furthermore, a permanent blocking can be taken into considerations when it comes to another important reason such as the loss of access data or the suspicion of an abusive utilisation of the access data by a third party. The permanent blocking is communicated in written form.
The provider is allowed to block a user temporarily as a more lenient measure, when the user infringes the general terms and conditions. The permanent blocking is communicated in written form. In case of a blocking, the user is not allowed to register once again or open another user account without the explicit consent of the provider.
In addition, the provider can delete those offers which infringe against the legal provisions or the general terms and conditions, as a more lenient measure. When choosing the measure the provider takes the legitimate interests of the user into account. In particular if he/she was responsible for the infringement.
§ 16 Privacy
The survey of the user data serves to offer user friendly, efficient and save internet offer.
§ 17 Feature Amendments, Assumption of Contract
The provider reserves the right to continually edit, update, expand, restrict or delete individual features.
The provider is authorised to transfer its rights and duties resulting from this conclusion of contract in full or in part to a third party with a term of notice of four weeks. The user is authorised to cancel user contract at any given time.
§ 18 Amendments of the General Terms and Conditions
These general terms and conditions are with reservation of the amendment at any given time.
The amendments and the new general terms and conditions are communicated by email. The new general terms and conditions are considered as agreed unless the user objects to their validity within six weeks after the receipt by email. The objection has to be in written form. The provider will indicate the revocation possibility, period, form and consequences of inaction separately in this email.
§ 19 Final Provisions
The contractual relationship between the user and the provider as well as the general terms and conditions are subject to German law. The application of the German international civil law is not possible.
The mandatory consumer protection are also applicable which apply in the state where the user has his/her customary place of residence insofar as this offers the user further protection.
In case the member is an entrepreneur in the terms of the German Civil Code (BGB), a legal entity of the public law or a special fund under public law, it is applicable that for all disputes resulting from the user contract and these general terms and conditions the provider’s headquarters in Immenstadt shall be the sole place of jurisdiction.