Terms and Conditions for Customers

Last Updated: 10th January, 2019

  1. ABOUT US
    1. We are outdoor enthusiasts who want to share the best of this world with you. Below you can find all necessary information concerning Our company and online Platform www.outdoorvisit.com including all information about booking your activity through Our Platform.
    2. Our company´s name is OutdoorVisit s.r.o., company ID No.: 05889197, with registered office in Prague at Korunní 2569/108 Vinohrady, 101 00 Prague, the Czech Republic, registered in the Czech Commercial Register maintained by the Regional Court in Prague, file no. C 272474 (“OutdoorVisit”, “We“, “Our“, “Us“). Our company OutdoorVisit operates internet booking Platform www.outdoorvisit.com, as it may be in future supplemented by mobile, tablet and other smart device applications and application program interfaces to the Platform („Platform“).
    3. Our aim is to offer interesting, mainly outdoor, activities, such as courses and tours, other tourism services and leisure activities (“Activity”) provided by Our contractual partners all over the world and at the same time connect you with the best activity providers (“Provider”). Our ambition is to select and promote at the Platform only the top Activities and their local Providers and gather and offer you at Our Platform simply the most amazing outdoor Activities for the best prices.
    4. You, as a visitor, can directly find offerings from local Providers from the whole world through Our Platform and make bookings. Your access to the Platform and booking of the chosen Activity is fully available to you and by using the Platform you accept these terms and conditions (“Terms”) and agree to be bound by them.
  2. THE RELATIONSHIP BETWEEN US, YOU AND THE PROVIDER
    1. Please note that We take the role of an intermediary between you booking the Activity and the respective Provider.
    2. Our partners as Activity Providers offering tours, other tourism services or leisure activities promote their services on Our Platform.
    3. We are not a contracting party between you and the Provider providing the Activity.
    4. By booking your Activity through Our Platform, you enter into an agreement with the respective Provider, not with Us.
  3. OUR SERVICES
    1. Our services consist of the following:
      1. displaying the offered Activities and/or their combination on Our Platform;
      2. securing connection and direct communication between you and Provider;
      3. mediation of the contract between you and the selected Provider;
      4. delivery of the confirmation (in the form of an e-mail, voucher/s or other) for the bookings made by you through Our Platform; and
      5. assistance and help if needed via Our customer service.
  4. BOOKING PROCEDURE AND COMMUNICATION
    1. The booking procedure will be done through Our Platform.
    2. You are free to surf at the Platform and view Activities available at the Platform without any registration or you can register and have your personal account using your email address and creating a password, or through your account with a third-party social networking or other services, such as Facebook or Google.
    3. By using Our Platform, you represent and warrant that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase made at Our Platform (ii) the information you supply to Us is true, correct and complete, (iii) you are at least 16 years old and able to enter into legally binding contracts with the respective Provider and consequently able to access and use Our Platform or register at Our Platform.
    4. If you are interested in a specific Activity, you can send a booking request directly to the Provider through Our Platform by providing your booking details and authorizing your payment without withdrawing money from your account.
    5. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. If so, please notify Us should you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised. You are liable for any and all activities conducted through your account at the Platform, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
    6. After you make a booking We will immediately check through Our Platform for the availability of the Activity and will let you know.
    7. An activity can be booked only upon entering your booking and payment details and by blocking the full price of the booking on your account. The money will only be deducted from your account if the provider confirms available space for you and/or your group. If the provider doesn´t have available space or doesn´t confirm availability within 48 hours, the amount blocked on your credit card will be automatically released. The confirmation of the booking by the Provider will be done through the Platform. If your request will be accepted by the Provider We will send to both you and the Provider a booking confirmation at the moment the Provider confirms. At the same moment the payment is released to Our bank account and you will enter into a separate agreement with the Provider.
    8. Your booking is fully valid and confirmed once We confirm it to you.
    9. In case you would like to change your booking date of the Activity or switch to a different activity, you can do it free of charge, as long as it is allowed in the cancellation conditions of the respective Activity.
    10. Please note that We do not provide Activities and We are not a party to your agreement with the relevant Provider.
    11. After the Activity is booked and price paid, We will provide you with all information necessary for smooth and pleasant execution of the Activity, i.e. instructions as regards meeting time and location, appropriate clothing, required equipment etc. via the Platform and email, based on information obtained from the Provider who is responsible for its content, unless it is agreed that such information or any additional information shall be sent to you directly by the Provider.
    12. We disclaim any liability or responsibility for any communication with the Provider on or through its own platform (if any). In such case We cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Provider.
  5. PURCHASES AND PAYMENT
    1. Unless otherwise indicated, Our service on the Platform is free of charge for you and we will not charge you for the Activity you will book.
    2. Your Payment is safely processed from your credit/debit card or bank account to Our bank account and after execution of the Activity We are sending the payment to the respective Provider.
    3. In the event of credit card fraud or unauthorized use of your credit card by third parties, please make sure that you report this fraud to your credit card provider and contact Us immediately via Our contact details at the Platform, otherwise We are not responsible for such a fraud and/or unauthorized payment.
    4. If you wish to purchase any Activity through the Platform, you may be asked to supply certain information relevant to your purchase and Activity including, without limitation, your credit card number, the expiration date of your credit card, your billing address etc.
    5. Sometimes We will also need you to provide Us names of all participants of the Activity and further information concerning respective Activity in order to provide the Provider with the minimum of information necessary to execute the Activity (e.g. height, weight, sex etc.). By submitting such information, you grant Us the right to provide such information to the respective Provider in order to ensure the proper performance of the respective Activity by the Provider.
    6. It is necessary that you enter your email address in a correct and unabbreviated form. We are not liable for non-delivery of booking confirmation, sending voucher(s) for an Activity, if caused by default on your part such as entering an incorrect email address or incorrect email settings.
    7. You shall notify Us of any changes to your contact information that may affect Our ability to deliver the ordered confirmation email or sending voucher(s) to you.
    8. Kindly be aware that We do not deliver confirmation voucher(s) in paper form; if required, please print out the confirmation voucher(s) and/or other travel documents required by the selected Provider and/or relevant authorities and bring them with you to the meeting point for the Activity.
    9. The prices quoted at Our Platform include the cost of the Activity as agreed with the Provider, VAT and fee for our service. All these components of the quoted price are displayed as a single full price unless stated differently at the Platform or in the relevant confirmation email/voucher.
    10. The information at the Platform is for general informational purposes only. Information on Our Platform does not constitute an offer binding upon Us.
  6. LIABILITY, CLAIMS AND COMPLAINTS
    1. ll Providers provide the Activities booking through Our Platform with their best service. All your complaints with respect to quality of Activities and/or Provider´s service shall be addressed to the respective Provider. In case you address it to Us, your message will be redirected to the respective Provider. We will do our best to support you with any complaints to the provider, and, if possible, suggest or assist with an appropriate solution.
    2. ll warranty claims shall be governed by the Provider’s policies and/or legal norms applicable in the country, where the Activity has been executed (or rejected or omitted to be executed).
    3. he Provider is a contracting party with you and thus responsible for the proper execution of the Activity. The Provider shall solve all problems arising therefrom directly with you.
    4. e are not liable by any means for any damages or physical or other harm suffered by the participating visitors in relation to any Activity, nor for any damages or harms suffered by the Provider or third parties.
    5. y accepting these Terms you agree to indemnify and hold Us and Our officers, directors, employees and agents harmless from any and all demands, claims, liabilities, losses or expenses arising out of or in connection with using Activity or services or goods obtained through your use of the Activity or your breach or violation of these Terms or your violation of the rights of any third party, including Provider´s third party.
    6. either We nor any other party involved in creating, producing or delivering on or through Our Platform shall be liable for any incidental, special, exemplary or consequential damages, including indirect loss, loss of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Platform, (iii) from any communications, interactions or meetings with other members of Our Platform or other persons with whom you communicate or interact as a result of your use of the Platform.
    7. ou acknowledge and agree that the relevant Provider is solely responsible and assumes all responsibility and liability in respect of the Activity (including any warranties and representations made by the Activity Provider). We are not a (re)seller of any Activity.
    8. ll complaints or claims in respect of the Activity (including related to the offered (special/promotion) price, policy or specific requests made by you) are to be dealt with by the Provider, nonetheless We ensure that We will do Our best in such a case to help you dealing with the respective Provider.
    9. e are not responsible for and disclaim any liability in respect of such complaints, claims and (product) liabilities.
  7. YOUR REVIEWS AND FEEDBACK
    1. After experiencing the Activity, you have opportunity to review it using Our review system on the Platform or e-mail and We will be glad if you do so.
    2. The aim of the review system is to create a meaningful and accurate feedback on experienced Activity of respective Provider in terms of performance, reliability and trustworthiness.
    3. Inaccurate, untruthful, offensive or otherwise unprofessional remarks may be deleted from the Platform as well as discriminatory, threats, violence, mention of full names, sexually explicit, hate speech, personal attack, promoting illegal activities, sites, phone numbers, emails and addresses or politically sensitive comments.
    4. By posting or sending any content to the Platform, you grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Platform and in all any marketing materials related to the Platform and/or Our business.
    5. Your ratings and reviews may also be surfaced elsewhere on Our Platform together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
    6. We take your feedback very seriously and We would be glad and encourage you to provide Us your feedback, comments and suggestions for improvements of Our Platform and providing services. Feel free to submit your feedback by emailing Us, through the “Contact” section of Our Platform.
    7. By submitting feedback to Us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use and publish those ideas and materials for any purpose, without compensation to you and We thank you in advance.
  8. FRAUDULENT TRANSACTION PROTECTION
    1. o ensure the highest standard of Our services and to protect against fraudulent transactions, We reserve the right to perform checks (verification) of payment cards.
    2. or this reason, We may request your cooperation to verify the identity of the payment card holder. Until successful verification, Our obligation of immediate commencement of the provision of Our services is suspended.
    3. our use of the services provided by Us on the Platform and the Platform itself is solely at your own risk. The offers and services are provided on the basis of “as is” and “as available”. The Platform is provided without warranties of any kind.
  9. AVAILABILITY, ERRORS AND INACCURACIES
    1. We are trying constantly to update Our offerings of Activities but sometimes it may happen that the Activities available at Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Platform.
    2. We cannot and do not guarantee all the time the accuracy or completeness of any information, including prices, product images, specifications, availability and Activities.
    3. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
    4. Obvious errors and mistakes (including misprints) are not binding.
    5. We, Our subsidiaries, affiliates, and its licensors do not warrant that service provided by Us via the Platform will function uninterrupted, secure or be available at any particular time or location; any errors or defects will be corrected; or the results of using Our Platform and other services will meet your requirements, but We will try fulfilling your best expectations.
  10. SUPERVISORY AUTHORITIES AND GOVERNING LAW
    1. The authorities which supervise Our business activities and to whom you could address complaints are the Czech Trade Inspection Authority, the competent Trade Licensing Office and the Office for Personal Data Protection. In the EU, it is also possible to address your complaints to the European Consumer Centre Czech Republic and the Data Protection Officer of the European Commission.
    2. Prior to addressing your complaints to the authorities, We kindly ask you to contact Us through Our customer care service and We will do Our best to resolve your case.
    3. These Terms and conditions shall be governed and construed in accordance with the laws of the Czech Republic.
    4. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
    5. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our services provided through the Platform unless there is a separate agreement setting further terms and conditions; such separate agreement needs to be written or included in e-mail communication with clear content as regards the offered terms of the agreement and their unconditional acceptance.
  11. PRIVACY POLICY AND COOKIES
    1. We do respect your privacy, therefore please kindly view Our Privacy policy on Our Platform for further information.
  12. DISPUTE RESOLUTION
    1. In case of any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of Our Platform, the courts of the Czech Republic shall have complete jurisdiction over all disputes arising between you and Us.
    2. According to EU legislation all consumers residing in EU countries are, prior to filing any legal action to the court, pursuant to the Act No. 634/1992 Coll., on Consumer Protection, as amended, entitled to commence the out-of-court settlement of their dispute against Us, provided that any such dispute between an EU consumer and Us has not been successfully settled directly.
    3. The institution in charge of out-of-court settlements for EU consumer disputes with Our company is the Czech Trade Inspection Authority whereby you could find more information on out-of-court settlements of consumer disputes.
    4. Pursuant to the EU Regulation No. 524/2013, EU consumers are also entitled to commence the out-of-court settlement of consumer disputes on-line through the Online Dispute Resolution platform.
  13. COPYRIGHT POLICY
    1. The whole content provided by you on Platform, features and functionality are and will remain Our exclusive property; however, we also respect the intellectual property rights of others.
    2. It is Our policy to respond to any claim with respect to any content that infringes the copyright or other intellectual property right of other person.
    3. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement which is taking place through the Platform, you shall submit your notice in writing with the subject of "Copyright Infringement" to info@outdoorvisit.com and include in your notice a detailed description of the alleged infringement.
    4. By creating, uploading, posting, sending or otherwise making available any content on or through the Platform, you grant Us a non-exclusive, irrevocable, worldwide, royalty-free right to access, use, store, copy, modify, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote the Platform and/or Our business and/or business of the Providers and other Our business partners, in any media or platform.
  14. FINAL PROVISIONS
    1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time without further notice.
    2. In case of a major changes of these Terms We will try to provide at least 30 days’ notice prior to any new terms coming into effect by placing a note in the section of Terms and services at Our Platform.
    3. If any provision of these Terms is held to be invalid, inapplicable or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
    4. We may terminate or suspend your account immediately including reserved Activities, without prior notice or liability, for any reason whatsoever and without limitation but especially when We find out that there is a fraud or an unauthorized or illegal transaction, serious inaccurate, untruthful, offensive or otherwise unprofessional remarks making through accounts according to these Terms or any other acts caused by registered account that cause or could cause serious harm to other customers, Us or the Providers.
  15. CONTACT US
    1. Should you have any questions about these Terms, please feel free to contact Us through Our contact details found at the Platform.