Terms and conditions
General Terms and Conditions for opentourism.dataWelcome to opentourism.data, a service for open data by and for tourism.
§1 Operator and Scope of ApplicationThe operator of this platform and therefore contracting party to the user of this platform is Outdooractive GmbH & Co. KG (called provider in the following).
Outdooractive GmbH & Co. KG
Missener Straße 18
Phone: +49 8323 8006-0
Fax: +49 8323 8006-190
Registry court, registry number: District Court Kempten, HRA 8939 general partner: Outdooractive GmbH & Co. Kg is represented by the personally liable partner: Outdooractive Geschäftsführungs GmbH, registry court: District Court Kempten, registry number: HRB 9987. This is in turn represented by the CEO, Hartmut Wimmer. VAT ID according to §27a UStG: DE 261805298
These general terms and conditions contain the conditions and the rules of conduct for the utilisation of the platform and for all transactions and quasi-contractual actions which are effected between the users and the provider. It is possible that supplementary conditions are applicable for certain special services.
§ 2 Definitions“Works” in the sense of our general terms and conditions is every personal intellectual creation according to § 2 UrhG, photos according to § 72 UrhG and other products protected by ancillary copyright. Those are especially “works” in the sense of these general terms and conditions, images, graphics, labels and company logos, videos, audio files and tour geometries.
“Content” in the sense of these general terms and conditions are all works, comments, current reports and other information on the platform.
“Users” in the sense of these general terms and conditions are consumers as well as entrepreneurs. Consumers in the sense of the terms of business are natural persons concluding a legal transaction for a purpose which can neither be attributed to their commercial nor to their professional activity. Entrepreneurs in the sense of the terms of business are natural or legal entities or partnerships with legal capacity which act in the exercise of commercial or self-employed occupational activity.
These general terms and conditions are applicable for the purchase and the redemption of vouchers as far as not explicitly stated otherwise.
§ 3 Performance SpecificationsUsing the Platform and downloading is free of charge. Links to external websites might different from opentourism.data. We are not liable for data from external websites as they come from other sources
§ 4 Illegal contentsThe user is obligated not to create any illegal content and post it on the platform. In particular, the user shall not provide contents (notably works), supply, offer or promote content that is against the law of the federal penal code, the narcotics law, the German drug and gun-control law or using content which is offensive, defamatory, regardless of who is concerned;. is pornographic, glorifying violence, abusive, immoral, or against the German Youth Protection Act;is an unreasonable harassment to other users, in particular via spam in the sense of § 7 of the German law against unfair competition (UWG);protected by the copyright, trademark, patent right, utility model or registered design law, without being entitled to do so or;is promotes anti-competitive action, including advertising on the basis of socalled geometric progression, such as pyramid selling, chain or snowball schemes;deliberately provoke or at least accept committing offences by other users when publishedMoreover, the user is not allowed to distribute or publicly render the contents of the platform or of the users, unless the distribution and public rendition is intended within the scope of the utilisation of the platform or unless other users agreed to the distribution and public rendition. In addition to this, the users are not allowed to put hyperlinks into their offer. The provider reserves the right to delete links of this sort. The creation of sham offers whose only purpose is the promotion of services outside of the provider’s platform or to obtain evaluations is prohibited. The user is also not allowed to use the post-contractual communication by email whose purpose is the processing of the contracts that were concluded on the provider’s platform, advertising of own goods and services those of a third party. Users are not allowed to use the platform for self-promoting purposes that exceed the depiction of their respective profiles. An exception are commercial users whose advertising is allowed in separate regulations.
§ 5 WarrantyThe user ensures that he/she is entitled and capable of granting the rights within the certain, above-mentioned scope of the works posted by him/her. In particular, the user ensures not to post any works with which he/she infringes copyrights, trademark rights or other intellectual property of third parties. Moreover, he ensures that he does not post any anti-competitive contents. The user is obligated to obtain information and to verify them if doubts about an authorisation arise. Doubts arise ifthe subjects are works protected by the copyright and/or neighbouring right and the user is not sure if he is the author or owner of sufficient proprietary rights of use and exploitation and other intellectual-property rights;a third party participated in the creation of the works so that they might have obtained neighbouring rights;the contents contain personal or sensitive data about individual people or groups, unless the user has the necessary permission/user rights.The user ensures not to post any contents on the platform which intervene with the right of others or contents which is illegal or which has been declared inadmissible by the provider.
§ 6 Liability of the ProviderThe provider is liable in terms of legal provisions with the following exceptions: As far as the damage for the user result from the loss of data, the provider is not liable for it insofar as the damages would have been avoided by the user by saving all of his/her relevant data though a complete data back-up. The provider is not liable for unforeseeable damages atypical for the contract. This does not apply far as the damage concerns life, limb or health, resulting from wilful or gross negligence in the absence of a guaranteed condition or from the culpable infringement of an essential contractual obligation which is imperative for the proper fulfilment of the contract and on which the contractual partner can rely in in normal circumstances (“Cardinal Duty”). The liability according to the product liability law remains unaffected by this.
The provider is not liable for the accuracy, quality, completeness, reliability, type or quality or credibility of the contents posted by the members. Those contents do not represent the opinion of the provider. In particular the provider does not adapt the contents of the members as its own. The provider is not liable for the conclusion, execution and the handling of the contracts between members. It merely provides the members with the platform for the purpose of exchange.
The provider is not liable for the accuracy and the up-to-dateness of the tour information, description, maps, GPS tracks, navigation, weather, risk potentials (e.g. avalanches, thunderstorms, etc.), accessibility, rest stops, etc.. Walking and driving on the tour described and created on the platform happens on one’s own risk.
§ 7 PrivacyThe survey of the user data serves to offer user friendly, efficient and save internet offer.
§ 8 Feature Amendments, Assumption of ContractThe provider reserves the right to continually edit, update, expand, restrict or delete individual features.
The provider is authorised to transfer its rights and duties resulting from this conclusion of contract in full or in part to a third party with a term of notice of four weeks. The user is authorised to cancel user contract at any given time.
§ 9 Amendments of the General Terms and ConditionsThese general terms and conditions are with reservation of the amendment at any given time.
The amendments and the new general terms and conditions are communicated by email. The new general terms and conditions are considered as agreed unless the user objects to their validity within six weeks after the receipt by email. The objection has to be in written form. The provider will indicate the revocation possibility, period, form and consequences of inaction separately in this email.