1. Scope of application
These General Terms and Conditions apply since August 13th 2015.
Welcome to outdooractive, a service for outdoor and leisure information, tour planning, social networking and entertainment.
1.1 The present General Terms and Conditions constitute the Terms and Conditions of Use of ALPSTEIN Tourismus GmbH & Co. KG, Missener Straße 18, 87509 Immenstadt, Germany, (hereinafter also referred to as Alpstein or outdooractive) regarding the utilisation of the offers and services provided on the Internet portal ( www.outdooractive.com ).
1.2 These Terms and Conditions of Use apply to anyone using the portal within the scope of a contractual agreement or registering as a user and apply regardless of whether access to the portal takes place via another Alpstein URL (such as www.outdooractive.de , https://cms.alpserver.de ) or via a URL in which the contents of outdooractive are recognisably integrated.
1.3 For information on data protection, please click here .
Please read these Terms and Conditions of Use carefully. They include important information regarding your rights and responsibilities. They also contain limitations and exclusions and information on the handling of your personal data.
2. Recognition of the General Terms and Conditions as the basis of the contract
In clicking on the declaration of consent, users confirm that they have read and understood the present Terms and Conditions of Use and that they recognise the contractually binding nature of these Terms and Conditions of Use for the user relationship. The same shall apply in circumstances where users submit their registration on this portal.
2.2 The Terms and Conditions of Use shall continue to apply where no further express reference is made to their application in the case of use of further pages and services of outdooractive.
2.3 Insofar as services and products from cooperation partners are offered on the portal, such as travel services or goods, or online services such as timetable information, outdooractive shall not become a contractual partner of the user with regard to such provision. Agreements in such cases shall be solely concluded between such providers and the user, and the General Terms and Conditions of the provider shall apply exclusively in this regard. Offers from cooperation partners are indicated as such on the portal.
3. Amendments to the General Terms and Conditions/objection/right of termination
Alpstein reserves the right to act at its own discretion in amending, supplementing or deleting parts of the present Terms and Conditions of Use at any time. Users will be informed on the portal in the case of such an amendment. Any acts of utilisation prior to such an amendment shall be governed by the original Conditions of Use. Further use of the portal following an amendment signifies the user’s agreement with such an amendment insofar as the user does not object to the amendment in writing within one month of provision of information. Users shall be notified of the legal consequences of failure to submit an objection at the commencement of this deadline.
3.2 In the event of an objection by a user against the amendments to Conditions of Use, the operator of outdooractive shall have the right to terminate the user relationship with immediate effect.
4. Use entitlement and conclusion of contract
Use of the services provided on the portal requires the conclusion of a usage agreement. Such an usage agreement is constituted when a user takes advantage of the services of the portal via such actions as printing out or downloading services offered or by registering as a user (offer) and being accorded authorised access to the registered area by outdooractive (acceptance of offer).
4.2 No legal claim exists in respect of acceptance as a user. outdooractive shall be entitled to reject an application for registration and thus refuse conclusion of the usage agreement without stating reasons for so doing and shall further have the right to delete any access which may have been granted within one week of application for registration.
4.3 Conditions of registration are as follows.
4.3.1 The user transmits data requested at registration in full and truthfully.
4.3.2 The user is a legally competent natural person aged over 18 years or a legal entity.
4.4 Each user may only register once as a member.
4.5 Use of outdooractive may only take place for the following private, commercial or communal purposes.
4.5.1 Uploading of private contents in accordance with the present Terms and Conditions of Use and use of the outdooractive services for private websites.
4.5.2 Uploading of private contents such as tours, evaluations, commentaries, images, tips in accordance with the present Terms and Conditions of Use and use of the outdooractive services for the presentation of outdooractive content on commercial websites such as those of hotels, inns, craft trade companies, outdoor providers and other commercial operations.
4.5.3 Uploading of private contents such as tours, evaluations, commentaries, images, tips in accordance with the present Terms and Conditions of Use and use of the outdooractive services for the presentation of outdooractive content on local government, public and non-profit websites such as those of local government authorities, tourist associations and clubs.
4.6 Separate contractual stipulations apply in respect of commercial use of outdooractive services extending beyond normal use such as the uploading of advertisements, offers, dates and other commercial or local government content. In such cases, conclusion of a special agreement with outdooractive is required. For more information on the offers on outdooractive, please click here .
4.7 Insofar as services and products from cooperation partners of outdooractive/Alpstein are offered on the portal, such as travel services or goods, or online services such as timetable information, Alpstein shall not become a contractual partner of the user with regard to such provision. Agreements in such cases shall be solely concluded between providers and users and the General Terms and Conditions of the respective provider shall apply exclusively in this regard.
5. Right of withdrawal
A user relationship which has come into being via registration as a user on outdooractive may be withdrawn by a consumer within one month of his or her application for registration without any requirement to state reasons. Withdrawal should be sent in text form or in writing to Alpstein Tourismus GmbH & Co. KG, Missener Strasse 18, D-87509 Immenstadt or by e-mail to firstname.lastname@example.org
including the subject line “Withdrawal from registration with outdooractive”. Timely dispatch of notice of withdrawal shall be deemed sufficient for compliance with the deadline for withdrawal. If notice of withdrawal is declared in a timely manner, the agreement shall be deemed not to have been constituted and the user will not be bound by the Conditions of Use.
5.2 Right of withdrawal shall lapse and any objection already submitted shall not apply in circumstances where the user takes advantage of the services of the portal prior to receipt of notice of withdrawal via such actions as the printing out or downloading of services offered.
The user shall have the right to terminate the user relationship at any time and without the requirement to state reasons. Notice of termination must be sent in text form or in writing to Alpstein Tourismus GmbH & Co. KG, Missener Strasse 18, D-87509 Immenstadt or by e-mail to email@example.com
including the subject line “Termination outdooractive”.
6.2 outdooractive has the right to terminate the usage agreement at any time and without a requirement to state reasons. The right to take advantage of the services offered by the portal and subject to the agreement shall lapse upon such termination. Notice of termination shall be sent to the user in writing or by e-mail.
6.3 The operator of outdooractive will in particular issue a notice of termination in circumstances where the present Terms and Conditions of Use are breached, in circumstances where the contractual basis or registration requirements no longer apply or in circumstances where false information has been provided.
6.4 In the case of a termination, the operator of outdooractive will remove the registration and block access to the portal. In the case of a termination, perosnal data will be deleted with the exception of information required for legal business commenced prior to termination, e.g. the name of the author for the publication of a tour.
6.5 If a user account remains unused for more than one year, outdooractive reserves the right to delete such an account. Once one year has expired, the user will be notified of the intention to delete the account via e-mail and may then object to the deletion within 4 weeks. If no objection is received, this shall be deemed to constitute termination.
7. Registration data, security of the account
In submitting an application, users agree to the following.
7.1.1 They will provide all data in its current correct form and will notify outdooractive without delay of any later amendments in respect of this data.
7.1.2 They will maintain security of access and identity data and will not permit any third party to obtain access to their protected area.
7.1.3 They will assume full responsibility for their password and for all activities which take place in connection with this password. All activities conducted with the password shall be deemed to lie within the area of responsibility of the user.
7.1.4 They will inform the operator of outdooractive immediately in the event of loss of password and will ensure that the password is changed or access blocked.
7.2 outdooractive shall not be liable for damages incurred by the user as a result of improper use, loss or misuse of access data.
8. Data collection and data protection
The sensitive and responsible handling of the personal data of users is a matter of great importance to outdooractive. outdooractive precisely complies with all statutory stipulations in this regard.
8.2 The Data Protection Regulations of outdooractive are presented on a separate page and explain how personal data is handled and used.
8.3 In concluding the agreement, users confirm that they have read and accepted the Data Protection Regulations of outdooractive.
9. Ownership rights of the outdooractive sites
All contents contained on the present site and made available and accessible via connected services are subject to copyright, including in respect of all designs, texts, graphics, videos, applications, software, databases, files and the functionality and arrangement of site contents. Contents of the site and services may not be used, copied, duplicated, distributed, altered, framed, reproduced, displayed, transmitted, downloaded, sold or posted either in whole or in part outside outdooractive or otherwise be made available to third parties without the express approval of outdooractive.
9.2 Each user of outdooractive is granted a limited and non-transferable licence to use the pages and services of outdooractive in a legally permissible way in accordance with the Terms and Conditions of Use and to use, print out and download contents. The offer to download data does not transfer any further rights.
9.3 Users may upload and change their own contents. Notwithstanding this, they may not copy or exploit contents of other users nor display contents of other users in another place or change such contents.
9.4 Any unauthorised use is prohibited and will result in the termination of the licence. A licence may be withdrawn by outdooractive without any requirement to state reasons in the event of breaches of Conditions of Use.
9.5 outdooractive is a registered trademark and may not be copied, reproduced or used in the form of its title, logo, graphics or services either in whole or in part and may further not be used in a manner which encourages confusion without the prior written approval of outdooractive.
9.6 Protected trademarks, names, images and texts are not generally marked as such on the site. Notwithstanding this, the absence of any such labelling does not indicate that the name, image, video clip or text involved is in the public domain with regard to intellectual property law, trademark law or copyright law.
9.7 The outdooractive platform may, of course, be named within the scope of editorial reports. Notwithstanding this and insofar as use is made of screen shots and text extracts in the form of image or text quotations, such screen shots and text extracts must be appropriately labelled. Graphical changes are not permitted. outdooractive is happy to make appropriate material available for publications. Contents and documents made available may only be used for information purposes and may not be commercially exploited. Each copy (the same also applies in respect of extracts) must include a copyright statement.
10. Tools and API
The function for the integration of a “Tour Widget for my Website” enables users of outdooractive to integrate tours published on outdooractive into their own website. outdooractive makes an HTML code fragment available to users for this purpose. This HTML code fragment generates a reduced outdooractive tour representation which contains links to the detailed representation of the tour on outdooractive including further functionalities such as print, download GPS track or evaluate and comment on tour. Users may copy the HTML code fragment and add it to the source text of their own website.
10.2 In the event that the number of page views for outdooractive HTML code fragments on a site integrating HTML code fragments exceeds 10,000 per day, outdooractive reserves the right to limit access to the HTML code fragments of outdooractive for this website.
10.3 No further rights are accorded to the user in respect of the Tour Widget other than those listed under 10.1 above. The HTML code fragment and the references and links to outdooractive used there may in particular not be changed by the user and/or passed on to third parties. The provisions contained in Section 9 above shall otherwise apply in conjunction with the specific provisions presented here.
10.4 The following separate provisions apply to the use of the outdooractive API: outdooractive API Conditions of Use
11. Amendments to and availability of the provision
outdooractive reserves the right to act at its own discretion at any time in changing the provision, services and URL’s or in ceasing publication altogether without any requirement to give prior notice.
11.2 It is also possible that various offers and various services offered by outdooractive or by cooperation or advertising partners may not be available at times. System failures, maintenance works or interruptions to data transfer may delay data transfers, and unfavourable circumstances in such cases may also in lead to losses of user data.
11.3 The user shall not be accorded any claims of any kind arising as a result of amendment, loss or non-availability of the user’s data insofar as nothing to the contrary has not been expressly agreed.
outdooractive undertakes every endeavour to maintain current validity, correctness of content and completeness in respect of the provision and services offered. Notwithstanding this, the occurrence of errors cannot be completely excluded.
12.2 The undertaking of tours from outdooractive on foot or by vehicle is in particular at users’ own risk. No liability can be accepted in respect of the correctness of tour information, descriptions, maps, GPS tracks, navigation, weather information and information with regard to objective dangers such as the risk potential for avalanches etc.
12.3 Anyone moving around in an outdoor location exposes themselves to certain dangers and are themselves responsible for assessing such dangers correctly. This involves the following responsibilities in particular.
12.3.1 Correctly assessing one’s own performance capability
12.3.2 Assuming responsibility for orientation and navigation
12.3.3 According due consideration to local regulations, areas where pedestrian or vehicle access is forbidden, temporary restrictions, protection of nature and statutory stipulations
12.3.4 Obtaining information about objective risks and evaluating the danger posed by these oneself, e.g. the risk of avalanches
12.3.5 Checking information for oneself, such as opening times of institutions and mountain railways, accessibility and current circumstances
12.3.6 Obtaining information about current conditions for oneself, e.g. weather, snow conditions
12.4 outdooractive shall accept unrestricted liability in cases of intent and gross negligence.
12.5 In cases of ordinary negligence, outdooractive shall only be liable in circumstances where its legal representatives or vicarious agents are in breach of a duty which is of cardinal importance for the achievement of the contractual purpose. In such a case, the amount of liability shall be limited to the amount of foreseeable damages incurred. The above limitation of liability shall not apply in respect of claims arising from the German Product Liability Act or in the case of damage to life, limb and health.
12.6 outdooractive accepts no liability for the current validity, content correctness and completeness of information uploaded by third parties such as members of the community, customers, local government authorities, advertising partners and cooperation partners. Responsibility for third party contents rests solely with the user, author or partner who has created and published such contents. In the event that outdooractive becomes aware of contents which have been uploaded via third parties and which do not comply with the Terms and Conditions of Use or which are unlawful, outdooractive will act in an appropriate manner in accordance with the Conditions of Use. If there is merely a suspicion that a breach of Terms and Conditions of Use has taken place, outdooractive shall not be liable for a failure to initiate measures unless the breach and the failure to initiate measures can be proven.
12.7 outdooractive also accepts no liability for the contents of other sites to which links are provided on the pages of the outdooractive site.
13. User contents
outdooractive is an Internet platform on which editorial contents of outdooractive, contents from regional institutions and partners and contents from users are all presented. Outdooractive is based on the principle of networked information. The aim is for the combination of user data with editorial and official data to enable the intelligent and transparent presentation of current knowledge and the ongoing self-improvement and self-expansion of such knowledge (wiki principle).
13.2 The aim is for user contents published on outdooractive to be of high quality in order for other users to gain a direct benefit from such information. Tours, for example, should be described in a manner which is sufficiently correct and complete so as to render it possible to undertake the tours in question without recourse to further tools.
13.3 Monitoring compliance with these rules, maintaining quality of contents at a high level and guaranteeing the development of freedom of expression are all tasks which outdooractive takes extremely seriously.
13.4 The following contents may be uploaded by users.
13.4.1 Users upload their own profile data.
13.4.2 Users take part in the community, establish contacts, discuss in forums, receive and send messages, found and take part in groups, upload events and participate in events.
13.4.3 Users upload their own editorial contents such as tours, images and interesting points and may use these contents themselves within the private area or else elect to publish such contents.
13.4.4 Users supplement existing contents via such actions as adding images.
13.4.5 Users evaluate contents for quality, current validity and benefits.
13.4.5 Users comment on contents with regard to quality, current validity and benefits.
13.4.7 Users report errors.
13.4.8 Users upload current messages such as current condition of pathways, snow conditions.
13.5 All users registered in accordance with the present Terms and Conditions of Use have the opportunity to take part in the community, publish their own contents, and commentate on and evaluate other contents on the portal under the conditions stated below.
13.6 The following contents are in particular prohibited.
13.6.1 Contents which are racist, xenophobic, pornographic or insulting in nature or contents which glorify violence, incite hatred or offend public decency
13.6.2 Contents which may encourage others to undertake criminal or immoral acts
13.6.3 Contents which adversely affect or endanger the development or education of children or young people or contents which violate human dignity
13.6.4 Insults, threats, abusive criticism, slander, lies and false information directed at other users or providers
13.6.5 Contents which represent a security risk, e.g. viruses
13.6.6 Contents containing chain letters, unsolicited mass mailings, spam, competitions or giveaway campaigns or which encourage participation in such activities
13.6.7 Copied contents or contents in which the user does not hold any rights or which breach the rights of third parties
13.6.8 Links to websites which violate applicable laws e.g. by presenting contents which are liable to be harmful to young people or which are otherwise unlawful
13.6.9 Private data such as telephone numbers, e-mail addresses, links etc. outside the profile
13.6.10 Impermissible advertising in the user’s interest which extends beyond the presentation of the profile. Only commercial providers are permitted to advertise on outdooractive and are required to comply with special conditions.
13.6.11 outdooractive will remove user contents from the portal or will not release such contents for publication if there are actual concrete grounds for suspicion that a breach of the present Terms and Conditions of Use has taken place.
13.6.12 outdooractive will evaluate user contents in accordance with its own rules and will determine whether contents are displayed on this basis. This ensures that editorial evaluation by outdooractive is also used to inform the assessment made alongside such criteria as quality of information, completeness of information and user appraisals.
13.6.13 Users have no legal claim to the publication of contents.
13.7 The following rules apply with regard to evaluations and comments.
13.7.1 All evaluations and comments must relate to the object of evaluation in real terms and be truthful.
13.7.2 All evaluations and comments must be objective and precise.
13.7.3 Negative evaluations and comments are permitted but must be objectively justifiable.
13.7.4 Providers and companies are not permitted to evaluate/comment on themselves or instigate evaluations or comments from others. Providers and companies may only represent themselves within the scope of the present Conditions of Use.
13.7.5 Open and concealed advertising is also impermissible in evaluations and comments.
13.7.6 Information which is not based on a user’s own experiences or which is based on hearsay or unconfirmed statements from third parties is impermissible.
13.7.7 outdooractive will remove evaluations and comments from the portal or will not release such evaluations and comments for publication if there are actual concrete grounds for suspicion that a breach of the present Terms and Conditions of Use has taken place.
13.7.8 outdooractive will evaluate evaluations and comments in accordance with its own rules and will determine whether evaluations and comments are displayed on this basis. This ensures that editorial evaluation by outdooractive is also used to inform the assessment made alongside such criteria as quality of information and completeness of information.
13.7.9 Users have no legal claim to the publication of evaluations and comments.
13.8 outdooractive is not obliged to check user contributions for correctness, completeness or legality.
13.9 Users shall be liable if contributions they upload and publish are in breach of statutory stipulations, the rights of third parties, government prohibitions or common decency.
13.10 In the event that users act culpably in breaching the present Conditions of Use, such users shall indemnify outdooractive from all damages thus arising including the costs of a legal defence.
14. Granting of rights of use
In creating, uploading or publishing copyrighted content or other legally protected content on outdooractive, in particular texts, evaluations, comments, messages, files, images, videos and tour geometries, users accord to outdooractive free of charge and without limitation of time and place the transferable and non-exclusive right of use to publish contents on outdooractive in any way and to make such contents available for use. Said right of use further encompasses publication and use in other places, under other URL’s and in other media forms such as RSS feeds, mobile telephony, television, printed products and search engine entries.
14.2 The user further grants outdooractive the right to edit, translate, supplement and abridge contents as long as perosnal copyright is maintained and further grants outdooractive the right to permit other users to edit or supplement the contents in accordance with the present Terms and Conditions of Use if appropriate.
14.3 Use of contents shall end at the point in time when the user removes the contents from the portal, with the exception of such uses which have commenced prior to removal, e.g. use in a printed work or in places to which outdooractive does not have direct access such as links to third party sites. Archiving and storage of back-up copies is also permitted after removal of contents by the user.
14.4 Contents which have edited or supplemented by outdooractive or by other users in accordance with the wiki principle or comments, evaluations, discussion contributions and supplementary contents for other contributions may no longer be deleted.
14.5 In publishing their contents, users provide an assurance that they are in possession of the rights granted or have access to these rights and that they have not otherwise disposed of such rights. The user shall indemnify outdooractive against justified claims on the basis of unauthorised use of contents asserted against outdooractive or the legal representatives or vicarious agents of outdooractive by third parties. Users shall bear court and out-of-court legal defence costs incurred by outdooractive or the legal representatives or vicarious agents of outdooractive in respect of the publication of users’ contents. 13.6. In publishing personal profile information, users also consent that they may be found within the scope of a community search on the basis of characteristics such as age, gender and hobbies.
15. Taking contents offline and deletion of contents
outdooractive is entitled at any time to act at its own discretion in taking offline or deleting user contributions in part or in whole. outdooractive will in particular avail itself of this right in the case of contributions and contents which are in breach of the present Conditions of Use.
15.2 The user will normally be notified of such measures. No claim shall arise for the user from these measures. The user shall also have no claim to further information.
16. Final provisions, severability and place of jurisdiction
All disputes arising in connection with the use of outdooractive shall be governed by the law of the Federal Republic of Germany.
16.2 In the event that a provision contained within the present General Terms and Conditions shall be or shall become invalid, this shall be without prejudice to the other provisions herein contained. Such an invalid provision shall be replaced by a valid provision that as closely as possible reflects the aim pursued via the invalid provision.
16.3 outdooractive shall be entitled at any time to transfer responsibility for provision of services to third parties in whole or in part.
16.4 Place of jurisdiction is agreed to be Kempten for users who are registered traders under German law. The same shall apply in respect of users who are not registered traders under German law insofar as German legal provisions permit such an agreement to be reached particularly in circumstances where a user permanently or normally resides abroad or where the address of the user is unknown.
16.5 If the registered office of the contractual partner of outdooractive is located outside the European Union, all disputes shall be resolved according to the regulations of the Committee of Arbitration of the Swabian Chamber of Industry and Commerce the decision of which body shall be final.