Terms & Conditions
Who We Are
Our name is OutdoorTrip SE and we are a Societas Europaea with its seat at Svatopetrská 35/7, Komárov, 617 00, Brno, Czech Republic, ID No. 06784615, registered in the Commercial Registry maintained by the Regional Court in Brno, File No H 629.
We are the sole owner and operator of the www.outdoortrip.com aggregator platform (“Site”).
What We Do
Through our Site, we connect you – a traveller seeking outdoor adventures (“Client”) with providers (“Providers”) offering such adventure travels and experiences all around the world (“Activities”). Our Site provides customer access both for Providers to present their Activities on the Site and for Clients, such as yourself, to seek and book these Activities (subject always to availability of the Activity).
Through our Site, we arrange (broker) the conclusion of an agreement on provision of the Activity between you and the Provider (“Activity Agreement”), including that we process your booking requests for the Activities and confirmations of such requests by the Providers, and further administer and accept payments you make to the Provider on the Provider’s behalf.
We provide services both to the Clients and the Providers, but we are never party to the Activity Agreement. We are in no way responsible for any damages arising in connection with or relating to any Activity (whether its promotion, sale or provision). We do not represent the Provider and are only authorized to act on its behalf in specific circumstances which are explicitly stated in these terms and conditions (“Terms & Conditions”).
How Does It Work
By registering to use our Site and creating your customer user’s account (“Registration”), you enter into an agreement with us on the use of our Site, based on which we will provide you with your personal space on the Site and the possibility to book an Activity through our Site for a specific date and time for the price quoted for such Activity (“Booking Request”).
Based on the Registration, you will be provided with a user ID to access and set-up your user’s account. You must keep your identification and other submitted information correct and up-to-date at all time.
By proceeding with the Registration, you agree to be bound by these Terms & Conditions indefinitely. You may, however, delete your user’s account whereupon the Registration and the agreement between us on use of the Site will be terminated. The Terms & Conditions will nevertheless continue to apply to already submitted Booking Requests and other confirmed Activities (you will have to, for example, pay for any Activity the Booking Request for which was confirmed by the Activity Provider, regardless if you deleted your account after making the Booking Request).
You may also submit a Booking Request without a Registration. In such a case, you agree to be bound by these Terms & Conditions in respect of the selected Activity upon submitting the Booking Request for such Activity.
You agree that by submitting a Booking Request, you are making an irrevocable offer to the Provider to enter into an Activity Agreement in respect of the chosen Activity, to be realized at the date(s) and time(s) selected by you and for the price quoted on the Site.
After you submit a Booking Request, we will either confirm the request within 36 hours based on the Provider’s confirmation or, in case the Activity is not available in the selected date(s) and time(s), but other alternative dates and times close to the originally requested date(s) and time(s), offer you such alternatives to experience the selected Activity. In case of the latter, you will have 24 hours to choose any of these alternative dates (in which case your selection of such alternative date(s) and time(s) for the respective Activity will be considered a Booking Request) or inform us that no alternative dates suit you.
You agree that the Activity Agreement between you and the Provider is deemed entered into when we confirm to you your Booking Request through the Site and by e-mail (“Confirmation”).
How Much does the Activity Cost and How to Pay for It
Prices of the individual Activities (“Price”) are always clearly shown and visible on the Site in the respective Activity presentation. Each Price is quoted and paid in Euro and such price shown in Euro is final, including any and all taxes and charges; furthermore, the Site may show an informative conversion in the local non-Euro currency. Such non-Euro prices are calculated according to the latest ECB exchange rate (current day or previous day rate); as such, the actual amount paid by you in such non-Euro currency may vary from the informative price quoted in the non-Euro currency on the Site due to the actual exchange rate used by your bank. We do not bear any responsibility for exchange rates applied by your bank and the resulting differences between the Price shown on the Site and the amount deducted from your bank account.
You alone are responsible for any and all costs and expenses in connection with the Activity, other than for costs of the Activity itself (which are included in the Price). Among others, you ensure in your own name and at your own costs and risk transportation to and from the place of the Activity, as well as any accommodation (should you decide to stay at such or other place for a longer period).
Payments may only be made on-line through the Site (we use online payment gateways for such purposes provided by reputable banks or other institutions, such as PayPal). When you make a Booking Request you agree that we may temporarily block the amount of the Activity Price on your credit card or debit card. The Activity Price is then finally deducted from your credit card or debit card upon Confirmation or the blocked amount is released as soon as possible, not later than within 48 hours (or other time limit determined by the credit card or debit card issuer) once the Booking Request is refused or it was not possible to agree on a different time and date of the requested Activity.
You pay us no commission or fee for making the Booking Request; our commission is included in the Activity Price and is paid by the Provider pursuant to a separate agreement between us and the Provider.
We will send you a confirmation on having blocked the amount of the Price on your credit card or debit card, as well as on having finally deducted such amount, however, we have no responsibility or obligation to provide you with a tax receipt for the payment of the Activity which is the Provider’s sole responsibility. If you wish to receive an invoice/tax receipt from the Provider, you may contact us through the Site and we will ask the Provider to provide you with one (we do not guarantee, however, that the Provider will indeed do so, or the correctness of any such document).
Is It Possible To Gift An Activity
You may buy an Activity for someone else as a gift. You must provide us with personal data of such person along with his/her e-mail address, so we can confirm whether the person accepts the Activity as a gift and provide him/her with necessary information on the Activity and processing of his/her personal data. You may only gift an activity to someone older than 18 years of age or, if to a minor under 18 years of age, only if such minor will be accompanied by his/her guardian.
What To Know Once You Successfully Book an Activity
It is up to you, at your own costs and expenses, to show up at the place of the Activity at the agreed date and time, as specified in Activity Agreement (and summarized in the Confirmation sent to you through the Site and by e-mail).
The Activity Agreement is governed by the terms of service of the Provider which, if available, are directly published on the Site or may be accessed through a link included in the Activity presentation. If the Provider does not issue terms and service, the Activity Agreement is governed by applicable statutory laws and regulations. It is up to you to acquaint yourself in detail with applicable terms governing the Activity Agreement and we have no obligation to assist you in this regard, other than put you into contact directly with the Activity Provider.
Without prejudice to the aforesaid, for your benefit the Provider agrees that certain rights and obligations in connection with the Activity Agreement shall be governed by the following rules:
The Activity is deemed to be a service provided on certain date(s) selected by you which depends on and is unique in respect of the time of the year and weather on such date; as such, once Confirmed, you cannot terminate the Activity unilaterally in any other way than pursuant to the cancellation policy assigned to the Activity on the Site and agreed upon in the Activity Agreement.
Each Activity is assigned one of our three types of cancellation policies: Benevolent, Medium and Strict. According to type of Cancellation Policy, you may be entitled to full or partial refund of the Price paid depending on the time of your cancellation prior to the agreed first day of the Activity (“Starting Date”).Benevolent
- Cancellation more than 4 days prior to the starting date. Clients are automatically refunded the full activity price.
- Cancellation within 48 to 96 hours prior to the starting date. Clients are entitled to a 50% refund of the activity price.
- Cancellation less than 48 hours prior to the starting date. No refunds.
- Cancellation more than 10 days prior to the starting date. Clients are automatically refunded the full activity price.
- Cancellation within 4 to 10 days prior to the starting date. Clients are entitled to a 50% refund of the Activity Price.
- Cancellation less than 4 days prior to the starting date. No refunds.
- Cancellation more than 30 days, prior to the starting date. Clients are automatically refunded the full activity price.
- Cancellation within 30 to 10 days prior to the starting date. Clients are entitled to a 50% refund of the activity price.
- Cancellation less than 10 days prior to the starting date. No refunds.
When Can the Provider Cancel Confirmed Activities
In case of circumstances beyond its control which prohibit the Provider from providing the Activity (or providing it safely, e.g., weather conditions, newly imposed regulations etc.), the Provider may cancel the confirmed Activity through the Site. If it is possible, you will be offered alternative date(s) for the Activity. However, if you insist on cancelling the Activity, you shall be always refunded the Price in full.
What If You Cannot Show Up Or Need Changes Of the Reservation
Unless the Provider’s terms of service state otherwise, if you don’t show up for the Activity, the Activity is considered as cancelled due to reasons on your side and the Provider keeps the Activity Price.
You may reach out to the Provider through the Site and ask for a modification regarding the ordered Activity, in particular change of date or number of persons attending. The Provider doesn’t have to accommodate such request but will exercise its best efforts to do so if and when possible.
If you and the Provider agree on a modification regarding the Activity, but the Provider asked you to pay an additional amount increasing the Price and you agreed to such an increase, you must pay the new Price in full and we will release/return the originally paid price. You authorize us to make such payment and release.
How Will Your Complaints Be Processed
You must raise any complaints in respect of the Activity directly with the Provider of the Activity and you have no rights in this regard against us. If you raise a complaint regarding the Activity after its provision through the Site, we have no obligation to address such a complaint, but reserve the right to take a look into the matter and potentially, if we consider the complaint as just, reimburse you in full or in part for your troubles. You are in no way entitled to such a reimbursement from us, unless we explicitly agree so.
What If an Activity Requires Special Skills
Certain Activities may require that you and others participating in the Activity, other than being adventurers meet certain additional requirements (“Additional Requirements”). For example, you will need to be of a certain age, you will need to possess a certain knowledge or skill set, be physically fit to a certain degree or even be a holder of recognized official permits or qualifications, as the case may be (to give a concrete example, in case of a diving Activity, you may need to possess a diving license, in case of mountaineering experience, you may need to have an appropriate degree of physical endurance and fitness).
We always make sure that the description of the Activity on the Site specifies in detail any Additional Requirements.
It is your sole responsibility to assess and make sure whether you and any other person for whom you book the respective Activity meet any and all of the Additional Requirements for such Activity to their full extent.
If you or a third party for whom you booked an Activity, cannot take part in the Activity because you or such third party does not meet the applicable Additional Requirements for such Activity, you are not entitled to any refund of the Activity Price (and the performance of the Activity on the part of the Provider is deemed duly completed).
Minors (Persons Under 18 Year Of Age)
Only a person older than 18 years of age may submit a Booking Request; persons younger than 18 years of age (minors) may submit a Booking Request only through their legal representatives who are fully responsible that the minor satisfied all conditions, including any Additional Requirements, to participate in such an Activity.
What Law Governs Our Agreement
These Terms & Conditions and our relationship arising in connection with your use of the Site are governed, to the extent permitted, by applicable legal regulations, exclusively by Czech Law.
How Will Our Disputes Be Resolved
If we will have a dispute, we will first and foremost try to resolve it in an amicable manner. However, if this will not be possible, to the extent permitted under applicable law, you and us agree that all disputes arising from these Terms & Conditions and our relationship arising in connection with your use of the Site shall be finally decided by Czech courts.
Any disputes arising between you and us may be also settled out of court through the Alternative Dispute Resolution or Online Dispute Resolution (ADR/ODR) procedure. Competent office for ADR in the Czech Republic is the Czech Trade Inspection Authority which you may contact through www.coi.cz. For more information on ADR go to https://www.coi.cz/en/information-about-adr/; for ODR https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
Communication between us will be realized through the Site.
We may at any time modify or amend these Terms & Conditions effective for the immediate future, as may reasonably be required, to continue to provide our services to the Clients and Providers. It is your responsibility to remain up-to-date with these changes; we will, however, notify you in advance of any intended change and in case you disagree with such a change, you will have the right to delete your user’s account and terminate the Registration and the agreement between us on use of the Site. The Terms & Conditions applicable prior to such a change will nevertheless continue to apply to your already submitted Booking Requests and other confirmed Activities.
Important Notice: You May Want to Ensure Adequate Insurance Coverage
Neither we, nor the Provider of the Activity are obligated to ensure that you and other persons participating in the Activity are adequately insured for any risks arising in connection with the Activity. To the extent required by you, you must ensure by yourself and at your own costs and expense any required insurance relating to any risk which may arise in connection with the participation in the Activity.
None of our services, the Activity or provision of the Activity represents a “Package” within the meaning of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (Travel Directive). As such, the provision of Activities is not subject to the same regulation as the provision of travel packages and you may not receive the same level of protection as if you purchased a travel package (for example, you may not receive the same amount of information concerning the Activity as if you purchased a travel package and the Activity provider may not have insolvency protection in the form of compulsory insurance in place, as is required under the Travel Directive in respect of travel packages).
Furthermore, since during each visit of the Site you may submit a Booking request for more than one Activity only to the extent all booked Activities cover a period of no more than 24 hours, we do not facilitate the conclusion of “linked travel services” within the meaning of the Travel Directive. Consequently, we are not required to maintain insolvency protection in the form of compulsory insurance (which would cover our inability to either pay to Providers the Activity Price we collected on their behalf or return to you the Activity Price you paid through the Site should you be entitled to its refund).
What You Must Know About Using the Site
The continued usage of the Site by you is always deemed as a form of implied consent and agreement to the most recent and updated version of these Terms and Conditions.
You access and use our Site at your own risk, costs and responsibility. You acknowledge the Site may be unavailable due to internet-access disruptions or required maintenance; you will have no claims against us in connection therewith. By using the Site and making use of our services, you hereby grant OutdoorTrip the right to refuse for just cause access to the Site without prior notice and the right to suspend, amend or disable for just cause your profile and/or account without prior notice.
You are solely responsible for maintaining the confidentiality of your account access data (user ID and password) and for the use of it. All access to the Site using your user ID and password will be deemed to be performed by you along with any operations or modifications made in your account following such login.
The Site and data contained therein are subject to intellectual property law. We are free to develop and modify the Site at any time, as well as discontinue the Site and our services without being liable either to compensate or to indemnity for damages.
The Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than with our consent. All trademarks reproduced in the Site, which are not the property of, or licensed to us, are acknowledged on the Site.
The Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Valid from 10.10.2018