Terms & Conditions for users
Last updated: November 2017
These Terms & Conditions are applicable for the relationship between OUTDOYO and users of the platform. We recommend you to read these Terms & Conditions carefully before using our platform and/or making a booking through this platform. If you do not agree with these Terms & Conditions you should not use the OUTDOYO platform. For the Terms & Conditions that apply on the outdoor adventure itself, we refer to the Terms & Conditions of the operator who organises the outdoor adventure.
- 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) where providers of outdoor adventures (hereafter: operators) can list their outdoor adventures and outdoor enthusiasts (hereafter: users) can instantly book these same outdoor adventures.
- On our platform we connect users of the platform directly to operators. By making a booking through the platform, users enter into a direct (legally binding) contractual relationship with the operator. We solely act as an intermediary between user and operator and not as an operator ourselves.
- 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 (hereafter: the service).
2. Scope of these Terms and Conditions
- These Terms and Conditions for users apply only to the use of the OUTDOYO platform by the user and shall not apply on the outdoor adventures organised by operators. We therefore recommend you to carefully read the terms & conditions of the operator.
- By booking an outdoor adventure via the OUTDOYO platform the user agrees with both the Terms & Conditions of OUTDOYO as well as the Terms & Conditions of the operator (as available on the tour operator page).
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.
- By completing a booking via our platform, users agree to receive an email with an invitation to rate the outdoor adventure and operator. We will send this email promptly after users have complete their outdoor adventure.
- Users do not owe OUTDOYO any remuneration for use of the platform.
- The responsibility for preparing and holding the outdoor adventure shall lie solely with the operator, not with OUTDOYO.
- Users are aware that OUTDOYO might be required to change the set up of the platform over time to improve and optimise the user experience.
- OUTDOYO shall endeavour to ensure the platform is available and up-to-date. OUTDOYO shall not be liable for any downtime due to technical issues and reasons outside the direct control of OUTDOYO.
4. Information on outdoor adventures
- OUTDOYO publishes the outdoor adventures on behalf of the operator, in line with the information provided by the operator. Operators are responsible for updating the prices and availability displayed on our platform.
- While we will use reasonable care in reviewing information published on our platform, we cannot guarantee that all information is accurate or complete, nor can we be held responsible for any errors.
- Our platform does not constitute and should not be regarded as a recommendation or endorsement of any operator published.
- At the moment a booking is made and a contract has been concluded between the user and the operator, a payment is due in the currency indicated in the booking confirmation. This payment can be made online through the platform or directly to the operator (or a combination of both). Any prepayment, as required by the operator, will have to be made through the platform.
- The operator has appointed OUTDOYO as his Payment Collection Agent for the amount paid via the platform and as such to receive payments from the user on behalf of the operator.
- Upon your payment of the funds to OUTDOYO, the user’s payment obligation to the operator for the agreed upon amount is extinguished, and OUTDOYO is responsible for remitting the funds to the operator. In the event that OUTDOYO does not remit any such amounts, the operator will have recourse only against OUTDOYO and not the user.
6. Cancellations and refunds
- The applicable cancellation policy of the operator will be provided to the user as part of the booking. Refunds to the user will be provided in line with the applicable cancellation policy.
- OUTDOYO points out to users that in case of unforeseen circumstances and / or in case a safe outdoor adventure is not possible, the operator is allowed to cancel the outdoor adventure.
- OUTDOYO remains the right to refuse bookings on behalf of the operator in case reasonable doubt exists about the authenticity of the booking. In case OUTDOYO cancels a booking that has been paid for, OUTDOYO will refund the amount to the same bank account that was used for the payment.
- Users are offered the opportunity to rate the outdoor adventure and the operator after an outdoor adventure has been held. The rating can be viewed by the other users and operators.
- Users shall be obliged to provide only ratings based on personal opinion based on first-hand experience. Details in ratings should be true, accurate, and complete. Users shall refrain from making offensive comments.
- OUTDOYO is authorized at its own discretion to remove ratings and comments that OUTDOYO believes to be 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 the foreseeable amount of damage that typically occurs.
- OUTDOYO find it important that users are offered a quality booking experience. Complaints or suggestions regarding the services provided by OUTDOYO can be sent to email@example.com. OUTDOYO will address the complaint as soon and possible and aim for an acceptable solution for all parties.
- As we do not act as an operator of outdoor adventures and users have entered into a direct agreement with the operator, complaints from the user regarding the outdoor adventure need to be raised to and addressed by the operator. In case a complaint is not solved satisfactory in the opinion of the user, OUTDOYO can play a mediating role in this.
- If you are sixteen years or younger, you have to obtain permission from your parents or legal guardian to use our platform.
- OUTDOYO reserves the right to amend these Terms and Conditions at any time by publishing the new Terms & Conditions on our website. The new Terms & Conditions will become effective immediately after publishing.
- You agree that you will use our platform only for personal, non-commercial use. You will not use the platform for competitive use and/or copy content without explicit reference to OUTDOYO.
- Dutch law is explicitly applicable to these Terms and Conditions. Disputes will be submitted to the competent court in Amsterdam, The Netherlands.
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