Terms & Conditions for operators
Last updated: November 2017
- Through the OUTDOYO website – www.outdoyo.com - we (OUTDOYO B.V., Hillegomstraat 55-I, 1058 LR, Amsterdam, The Netherlands) provide an online platform (hereafter: platform) on the one hand for providers of outdoor adventures (hereafter: operators) to list their outdoor adventures and on the other hand for outdoor enthusiasts (hereafter: users) to find and book these same outdoor adventures.
- On our platform we connect operators directly to users of the platform. By accepting a booking through the platform, operators enter into a direct (legally binding) contractual relationship with the user. We solely act as an intermediary between operators and users and not as an operator our self.
- We provide information on destinations and sports & adventures in order to guide users to the best outdoor adventures on our platform. The booking functionality on our platform allows users to instantly book their outdoor adventures with operators. OUTDOYO acts as the payment collector’s agent for operators in case OUTDOYO accepts funds from users booking outdoor adventures on the platform.
2. Scope of these Terms and Conditions
- These Terms and Conditions apply exclusively to the relationship between OUTDOYO and the operator. In case Terms and Conditions of the operator deviate, these will not be acknowledged.
3. The platform
- Users can make an instant booking of an outdoor adventure based on the availability provided by the operator. After the booking is completed, we will provide the operator with a notification and the user with a confirmation email on behalf of the operator.
- The responsibility for preparing and holding the outdoor adventure shall lie solely with the operator, not with OUTDOYO.
- The operator shall only cancel an outdoor adventure in circumstances, which have been described to users on the platform, and/or in unforeseen circumstances, which make a safe outdoor adventure not possible.
- In case the operator cancels the outdoor adventure, the operator will inform the user and OUTDOYO immediately and he will offer the user a refund and/or an alternative date for the outdoor adventure.
- The operator is aware that our platform is a dynamic offering and OUTDOYO might be required to change the platform set up over time.
- OUTDOYO shall endeavour to ensure the platform is available and up-to-date. OUTDOYO shall not be liable for any down-time due to technical issues and reasons outside the direct control of OUTDOYO.
4. Obligations of the operator
- The operator should be registered with the local authorities and allowed to organise the outdoor adventures offered on the platform under the local laws and regulations.
- The operator may only offer outdoor adventures on the platform to the extent that its certifications authorise him to hold these outdoor adventures.
- The operator shall be obliged to ensure adequate insurance cover in place for both users who book outdoor adventures and for himself. An operator may not start an outdoor adventure without such insurance cover.
- Upon request of OUTDOYO, the operator will make evidence of the above available to OUTDOYO.
- The operator will report to OUTDOYO immediately in case he does not comply with the above.
- The operator must ensure the information on the outdoor adventure provided to OUTDOYO is truthful, complete and up to date. At all times the operator is responsible for that correct information is provided to OUTDOYO.
- The operator shall provide users all the information they need to participate in the outdoor adventure and any rights of withdrawal.
- The operator shall apply the same pricing on the OUTDOYO platform as used on other direct sales channels, including his own website.
4.3 Booked outdoor adventures
- Before an outdoor adventure starts, the operator shall make sure that the user meets the physical requirements needed for participating in the outdoor adventure. If the operator has any doubts as to that, he must not start the outdoor adventure.
- The operator shall ensure that users wear the necessary safety equipment on the booked outdoor adventure.
- The operators shall comply with relevant legislation and official requirements, as well as with all guidelines observed in accordance with their certification when holding an outdoor adventure.
- The operators shall not be authorized to have the booked outdoor adventure held by a third party. This also applies when this party has the same or a higher level of certification.
5. Rights of OUTDOYO
- We remain the right not to list outdoor adventures in case in the opinion of OUTDOYO the outdoor adventure does not fit within the objective of the platform.
- We are authorised to curate and complement descriptions of outdoor adventures to ensure information is adequate and can be properly presented on different devices (desktop, tablet, mobile etc.)
- We are authorised to remove outdoor adventures and operators from the platform in case:
- There are concrete indications that the operator does not comply with the obligations under the Partnership Agreement and /or these Terms and Conditions;
- Operators have repeatedly received negative ratings from users of the platform who have booked an outdoor adventure with them;
- Operators have repeatedly provided incomplete and/or incorrect data on the their organisation, outdoor adventures and/or availability of outdoor adventures;
- In the opinion of OUTDOYO, this is needed to protect the platform’s functionality and/or the users.
6. Rights of use
- The operator grants OUTDOYO the right, free of any charge and without any limitations, to present the provided information on the platform and to copy, store and disseminate the information both online and offline.
- The operator grants OUTDOYO the right, free of any charge and without any limitations, to use the provided information for marketing purposes (both online and print).
- Unless explicitly communicated by the operator, the operator grants OUTDOYO the right to use photographs provided by the operator for broader (marketing) purposes.
- The operator confirms that they have the required rights over the information provided to us and that OUTDOYO does not infringe any rights of third parties when using the provided information. The operator shall indemnify OUTDOYO against such claims by third parties.
7. Payments Collection Agent
- The operator appoints OUTDOYO as his payment collection agent solely for the limited purpose of accepting funds from users booking an outdoor adventure.
- The operator agrees that a payment made by the user through the platform, shall be considered the same as a payment made directly to the operator. The operator will organise the outdoor adventure in the agreed upon matter as if the operator has received the payment directly from the user.
- Each operator understands that OUTDOYO payments’ obligation to pay the operator is subject to and conditional upon successful receipt of the associated payments from the user.
- Each operator agrees that upon payment of the user to OUTDOYO, the payment obligation of the user towards the operator is extinguished and OUTDOYO is responsible for remitting the funds to the operator. In the event that OUTDOYO does not remit these funds, the operator will have recourse only against OUTDOYO and not to the user.
- Each operator agrees that OUTDOYO may refund the user in line with the cancellation policy agreed in the Partnership Agreement.
- In accepting appointment as the limited payment collection agent of the operator, OUTDOYO assumes no liability for any acts or omissions of the operator.
8. Commission and payments
- The operator does not owe OUTDOYO any remuneration for use of the platform and / or the service provided as Payments Collection Agent.
- We shall charge the operator a commission for outdoor adventures booked via the platform as agreed in the Partnership Agreement. This commission shall be due when the booked outdoor adventure is completed and is excluding any value-added tax payable.
- Settlements for outdoor adventures that have been completed will take place on a monthly basis unless specified differently in the Partnership Agreement.
- Users are offered the opportunity to rate operators after an outdoor adventure has been held. The rating can be viewed by the other users and operators.
- Operators shall refrain from manipulating the platform's rating system in any way, such as by tasking third parties to submit positive or negative ratings, etc.
- OUTDOYO is authorized at its own discretion to remove ratings and comments that OUTDOYO believes to be misleading or inappropriate.
- OUTDOYO shall not be liable for any damage under the agreement except if it acts with wilful intent or gross negligence. In any case liability shall be limited to reimbursement of the foreseeable amount of damage that typically occurs.
- OUTDOYO reserves the right to amend these Terms and Conditions if and insofar as that it is necessary due to circumstances that OUTDOYO could not foresee and over which OUTDOYO has no influence.
- We shall give operators advance notice of amendments. If the operator does not object to the amendments within 6 weeks of receiving said notice, the amended Terms and Conditions shall be deemed to have been agreed.
- OUTDOYO shall be authorized to enlist the services of third parties to fulfill its obligations under the Partnership Agreement and to exercise its rights.
- In the event of any inconsistency between the Partnership Agreement and these Terms and Conditions, the Partnership Agreement shall prevail.
- Dutch law is explicitly applicable to both the Partnership Agreement and these Terms and Conditions. Disputes will be submitted to the competent court in Amsterdam, The Netherlands.
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