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General terms of service

  1. 1 General
  2. 2 Agreement to terms
  3. 3 Role of CheckYeti
  4. 4 Website and mobile application content
  5. 5 Booking requests, payment & cancellation
  6. 6 CheckYeti Gift Voucher
  7. 7 User accounts
  8. 8 Provider registration
  9. 9 Limitation of liability
  10. 10 Release & indemnity
  11. 11 Transfer of rights, part-invalidity & applicable law
  • 1 General

    1.1

    CheckYeti.com (the “Site”) and the CheckYeti mobile application (the "App") are operated by CheckYeti GmbH, Fleischmanngasse 1/26, 1040 Vienna, under the brand name CheckYeti, ("CheckYeti" or "We" or "Us").

    1.2

    CheckYeti offers to its users and visitors an online platform and mobile application that facilitates the presentation and arrangement of sports and leisure activities and related services between users and in relation to this also provides email or messaging services, online tools and features to enable users of the Site to directly request and conclude booking transactions with other users for such activities and services (collectively our "Service"). CheckYeti is not a contracting party for booked activities and services.

    1.3

    For providers of sports and leisure activities and related services (“Service providers”) not only the “General terms of service” but also the “Special terms for service providers” are applicable (these are accessible upon registration as a provider on the platform).

  • 2 Agreement to terms

    2.1

    These General terms of service apply between you, the user, whether or not you become a registered user, and CheckYeti and govern the terms of your use of the Site and App. You agree to be bound by these General terms of service, including the terms of our Privacy policy (overall "Terms"), which you acknowledge to have read and understood. A user of the CheckYeti.com website and mobile application (collectively referred to as "User", "You", "Your") is a person accessing and/or using our Site, App and Service, listing or adding an activity on our Site and App as available for booking requests (“Service provider”) and/or a person who requests the booking of a listed activity via the Site or App from a Service provider ("Customer").

    2.2

    Please note that the legal contract for the supply of activities and booking transactions is between Service providers and Customers and is outside the scope of influence of CheckYeti. There may be situations in which you are required to accept additional terms and conditions provided by Service providers. Any such terms will be in addition to these Terms.

    2.3

    We reserve the right to change, modify or otherwise alter these Terms at our sole discretion at any time. You must review these Terms on a regular basis to keep yourself informed of any changes. By using CheckYeti, You agree that the posting of new or revised Terms on the Site constitutes adequate notice to You of any and all revisions and changes. Continued use of our Service after any such changes or after explicitly accepting the new Terms upon logging into CheckYeti constitutes Your agreement to such changes.

    2.4

    By accepting these Terms, You agree to certain disclosures of Your personal information to Us and the other CheckYeti Users as described in our Privacy policy, which is an integral part of these Terms.

    2.5

    In case of discrepancies between the English version and the German version of these Terms, the German version shall prevail.

  • 3 Role of CheckYeti

    3.1

    You acknowledge and agree that CheckYeti is a platform that enables You and other Users (Service providers and Customers) to request and conclude booking transactions in respect to activities and related services listed on the Site and, consequently that CheckYeti is not itself a party to any booking transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. CheckYeti's role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, sell, provide, control or manage nor can We contract in our own name for the provision of any activity listed on the Site nor related services including, but not limited to, equipment and equipment rental, accommodation, transportation or travel services. We are not supplying and cannot supply such activities or services to Customers.

    3.2

    By using CheckYeti as a platform, registered Service providers may offer and supply to Customers activities and related services. Service providers may be either qualified or authorized providers or persons, who are entitled by law to arrange or enter into transactions of such services directly with Customers. CheckYeti performs quality checks from time to time but is under no obligation and cannot be held liable to verify the eligibility of Service providers to offer the services presented on the Site according to the local laws and regulations that may apply and govern these types of services.

    3.3

    We are not a party to the transactions between Service providers and Customers and are not an agent or representative of any Service provider. Transactions are only binding among the Service providers and Customers concerned, who are both solely responsible for their performance and CheckYeti disclaims all liability arising from or in connection with such transactions. CheckYeti does not make any recommendations or endorsements of listed offers or Users of the Site and We assume no liability in respect of the characteristics of any listed activity on our Site.

  • 4 Website and mobile application content

    4.1

    You consent that all materials ("Content") such as texts, photos, reviews, messages or other documents and information uploaded, posted on or transmitted through the Site are the sole responsibility of the User originating such Content. You are solely responsible for Content or any other information You upload or otherwise provide, on CheckYeti ("Your Content"). We reserve the right to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our suppliers. CheckYeti is explicitly entitled to inspect direct messages and to delete messages. You confirm and warrant that Your Content does not infringe any copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy; violate any law or regulation; is not defamatory or libelous and/or obscene; and does not include incomplete, false or inaccurate information about yourself or Your services; contain any viruses, worms, Trojan horses, time bombs or other computer programming routines that are intended to damage any system, information or personal data.

    4.2

    CheckYeti has no obligation to post any Content from You or anyone else. At our sole discretion we may edit, remove or delete any Content that You post or submit. In case You intentionally or negligently cause any loss or damage to CheckYeti because of the design or positioning of such Content you are liable towards CheckYeti. You understand and agree to release CheckYeti from any liability for any loss or damage resulting from Your Content posted on the Site.

    4.3

    As we provide unfiltered access to Content, You agree that CheckYeti only acts as a platform and that We disclaim all liability related to Content posted on the Site. We do not undertake any obligation to control the Content that is posted. The information on the Site is changed frequently, may be inaccurate and in some cases may be mislabeled. We do not make any representation or warranty, express or implied, as to the completeness and accuracy of such information, nor do We undertake to update, verify or correct such information. We therefore recommend that You verify all information You obtain from the Site as complete, accurate and up to date. We also do not make any representation or warranty, express or implied, regarding any communication or requests by Users. You consent that any agreement between You and such individual or organization is solely on the terms agreed between Users and is done at Your own risk.

    4.4

    CheckYeti grants Users a right which is non-exclusive, limited and revocable to access the Site to advertise and promote activities and related services and/or make legitimate inquiries to other Users, all in accordance with these Terms. Any other use of the Site is expressly prohibited. This right granted to Users by CheckYeti does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without Our prior written permission. CheckYeti provides a limited exception from the foregoing exclusion to general internet search engines (like google, yahoo a.o.) and non-commercial archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site. This does not include internet search engines, websites or other services that provide classified listings or advertisements or any subset of the same.

    4.5

    CheckYeti does not own any of the Content You post. You agree, however, that by posting or uploading Content on the Site, You automatically grant CheckYeti, and You represent and warrant that You have the right to grant Us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, modify, distribute said Content, and to grant and authorize sublicenses of the foregoing. By posting Content on the Site, You automatically grant CheckYeti all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.

  • 5 Booking requests, payment & cancellation

    5.1

    Customers can send booking requests through CheckYeti by following the processes described on the Site and by clicking on the appropriate request button ("Confirm and Request"). After Customers have submitted a booking request, CheckYeti will then notify the concerned Service provider by email and in their Account cockpit to accept or reject Your request. Service providers are prompted to either confirm or reject Your booking request within 24 hours of that request. If Your booking request is accepted Your credit card will be charged. If the Service provider rejects Your booking request, Your credit card will not be charged. The contract between You and the Service provider is concluded when the Service provider accepts Your booking request.

    5.2

    By sending a booking request, You are submitting a binding offer to the Service provider, to which you are bound for 3 working days. If the Service provider accepts Your offer within this period, the contract is concluded and binding and You will receive a notification via email. If Your booking request exceeds a certain amount, You might be required to upload a proof of identity such as passport or officially accepted identity card to continue in the booking process.

    5.3

    If the credit card payment before the use of the booked activity or service is not honoured or revoked, this will be considered as a booking cancellation and cancellation fees will apply. Please check our FAQs for details on our cancellation policies.

    5.4

    Payment via CheckYeti is handled by Mangopay, a trusted payment services provider based in Luxembourg. By using CheckYeti and sending booking requests via our Site you also accept the terms and conditions of Mangopay.

    5.5

    In the case that Customers want to change or cancel their booking, such Customers need to follow the steps described in our FAQs. Please check our FAQs for details on our cancellation policies and applicable cancellation fees. Service providers may not cancel bookings. If a Service provider has no choice but to cancel, he needs to inform CheckYeti immediately. This allows CheckYeti to attempt to provide Customers affected by Service provider cancellations with suitable alternatives. CheckYeti will assist the Customer by attempting to arrange suitable alternative activities including, for example, by putting the Customer in contact with another Service provider and/or by providing details of alternative activities offered, but in each and every case, We are under no obligation in such respect.

    5.6

    In exceptional cases the Service provider may impose additional charges that Customers must pay but that are not included in the offer’s price. Such additional charges must be expressly communicated in the respective activity offered. CheckYeti is not responsible for administering any requests or claims related to or arising from any charges or payments between Users and CheckYeti disclaims any liability in this respect.

  • 6 CheckYeti Gift Voucher

    6.1 General information on vouchers

    CheckYeti vouchers (also known as "Gift Vouchers" or just "Vouchers") are vouchers with nominal value denominated in Euro or Swiss Francs, which entitle the holder to use this voucher as a means of payment exclusively for booking activities on the CheckYeti website and in the CheckYeti mobile applications. A CheckYeti voucher cannot be redeemed in cash and cannot be combined with other discount vouchers or discount campaigns.

    6.2 Redeeming the voucher

    A CheckYeti voucher is valid for five years, starting from the day of purchase of the voucher. In principle, a CheckYeti voucher can only be redeemed for activities where the printed currency of the voucher is the same as the currency of the booked activity.

    In certain cases CheckYeti permits the redemption of a voucher for bookings of activities in a different currency. In these cases, the customer will be informed by the corresponding information including the basic currency translation when entering the voucher code and before the booking is completed. Any remaining credit balance is available in the original currency after the partial redemption of the voucher. CheckYeti accepts no liability for losses arising from the currency conversion proposed at the time of redemption and all claims of the customer arising from the use of the voucher for bookings in a different currency are excluded.

    6.3 Remaining credit balance

    If the price of the selected activity is lower than the nominal value of the voucher used as a means of payment, the difference remains as a credit. This credit can be used to book further activities. A cash payment of the remaining credit is excluded and the redemption period of the voucher used as a means of payment remains unchanged. If the price of the selected activity is higher than the nominal value of the voucher, the price difference is to be paid by the booking party.

    6.4 Packaging and shipping costs

    When purchasing a physical voucher, the additional costs of the purchase are incurred. Apart from the price of the voucher and the price of the stated additional costs, there are no further costs for packaging or shipping to be paid. Please note that the physical delivery of vouchers is currently limited to the following countries: Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Gibraltar, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Slovenia, Slovakia.

    The delivery of the voucher is carried out by a shipping service provider within 1-3 working days to the address given by the Buyer. Delivery dates shall be extended accordingly in the event of strikes, in cases of force majeure and if the Buyer violates any obligation to cooperate. The actual execution of the physical vouchers and gift packaging may differ from the sample images on CheckYeti in terms of colour and design. The booked value remains identical.

    6.5 Payment

    CheckYeti provides various payment options for the payment of ordered CheckYeti vouchers. The online data transfer is SSL-encrypted. The dispatch of vouchers takes place after the complete payment of the purchase price. Until the Buyer has satisfied all claims, CheckYeti vouchers may not be used.

    6.6 Cancellation policy

    Buyers have the right to revoke the purchase of the voucher within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the Buyer or a third party - named by the Buyer and not the carrier - has taken possession of the voucher. In order to exercise the right of revocation, the Buyer must inform CheckYeti GmbH, Fleischmanngasse 1/26, A-1040 Vienna, e-mail: support@checkyeti.com by means of a clear declaration (e. g. a letter or e-mail sent by mail) about the decision to revoke this contract. In order to comply with the cancellation period, it is sufficient that the notification of the exercise of the cancellation right is sent before the cancellation period expires.

    Insofar as the voucher has already been used for one or more bookings of activities on CheckYeti, the revocation and withdrawal from the contract is excluded.

    6.7 Consequences of the revocation

    If the contract of sale is revoked, CheckYeti shall reimburse all payments received from the Buyer within fourteen days of the day on which CheckYeti receives notice of the revocation of the contract. For this repayment the same means of payment shall be used as the customer used in the original transaction, unless otherwise expressly agreed upon. CheckYeti may refuse to pay back the voucher until CheckYeti has received the voucher or until the Buyer has provided proof that the voucher has been returned, whichever is the earlier.

    The Buyer shall return or hand over the voucher, including any gift packaging, to CheckYeti without delay and in any case no later than within fourteen days from the day on which the revocation of the contract was sent to CheckYeti. The deadline shall be deemed to have been met if the goods have been dispatched before the expiry of the 14-day period. The Buyer bears the direct costs of returning the voucher.

    6.8 Loss of vouchers

    In case of a loss or theft of vouchers, CheckYeti does not assume any liability for a possibly unlawful redemption of the voucher. In the event of suspected loss or theft of a voucher, the Buyer must immediately contact CheckYeti in order to block the voucher. If CheckYeti vouchers are purchased from third parties (e. g. via online trading platforms), the Buyer should make sure that they were originally purchased legally and paid for at CheckYeti and that the redemption period has not yet expired. If the Buyer has purchased CheckYeti vouchers from third parties that have not been legally purchased and paid for at CheckYeti, no claims can be asserted against CheckYeti - regardless of the legal reason.

    6.9 Availability and booking of activities

    The booking of activities depends on their availability. Information on general availability (e. g. location/region, season, weekend, day, time of day, etc.) can be found in the individual activity descriptions on CheckYeti. The same conditions apply to the booking of activities and any adjustments to the booking made by using a voucher as apply to activities that were booked without using a voucher.

    6.10 Commercial sale or resale

    Any commercial sale or commercial resale of purchased CheckYeti vouchers as well as of CheckYeti discount vouchers is prohibited, unless a written agreement to the contrary has been made with CheckYeti. For any culpable breach of the aforementioned prohibition of commercial sale or resale, CheckYeti shall be entitled to the payment of a reasonable contractual penalty to CheckYeti, the amount of which CheckYeti shall determine at its reasonable discretion and, in the event of a dispute, may be reviewed by the competent court.

  • 7 User accounts

    7.1

    Upon registering and creating a CheckYeti account (an "Account"), You have access to the Service and the Site functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service as part of the Account at any time. You will be notified of any amendments that may be introduced at a future point in time and given the option to continue use or to terminate Your Account.

    7.2

    As a registered User you consent to allow CheckYeti to contact You on Your email address or phone number with communications related to Your Account, including but not limited to requests for booking, notices and updates. You further agree to keep Your contact information (as described in the Privacy policy) updated.

    7.3

    You are prohibited to distribute spam and other unsolicited commercial messages through Your Account or take any other action that imposes unreasonably large data volume loads on our server and IT infrastructure. We may apply at our sole discretion anti-spam software that may delete Your messages without delivering them or prevent messages from reaching You. We expect all of our Users at all times to conduct themselves in a polite and professional manner. Personal attacks and other forms of unprofessional online behaviour may cause immediate termination of Your Account.

    7.4

    In case of a material breach of these Terms by You, CheckYeti at its sole discretion may without any liability to You terminate Your access to Our Service, set inactive or delete any of your Accounts and all related information and data in such Accounts as well as Your Content and bar Your access to any of such information and data or Our Service.

  • 8 Provider registration

    To register as a Service provider on CheckYeti, go to the Site (follow the Provider sign up button) and provide the information requested. By registering, You confirm that: You are eligible to register as a Service provider in accordance with our Terms; and that the data You include as part of the registration process and thereafter is correct. To register as a Service provider Users must be at least eighteen (18) years old. Registered Service providers may act on behalf of members of their organization or entity if they are authorized to do so. It lies in our sole discretion to restrain users from creating an account or using our Service.

  • 9 Limitation of liability

    9.1

    The following limitation of liability applies (relevant for Users based in Austria and Germany): For slightly negligent breach of material contractual obligations (i.e. cardinal obligations) CheckYeti's liability is limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (i.e. cardinal obligations) are those obligations which put the User into exactly this legal position to which he is entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely. CheckYeti accepts no liability for the slightly negligent breach of obligations other than those listed above. Otherwise the User's statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties. The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (in German: Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by CheckYeti. The User agrees to undertake appropriate steps to prevent and mitigate damage.

    9.2

    The following limitation of liability applies (relevant for Users not based in Austria and Germany): The Content and all other material displayed on the Site are provided without any guarantees, conditions or warranties as to its correctness or accuracy. To the extent permitted by law, We hereby exclude all warranties, conditions and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with CheckYeti, any websites linked to it and any Content and other materials posted on it including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. These Terms require Users to provide accurate information. Nevertheless, We do not confirm any User's purported identity. You are solely responsible for determining the identity and suitability of others who You contact via the Site or offer your services to. We are not responsible for any harm or damage resulting from Your interactions with other Users.

  • 10 Release & indemnity

    10.1

    You agree, by using CheckYeti and Our Service, that any legal action, remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or Users or other third parties who caused you harm at the exclusion of CheckYeti to the fullest extent permitted by applicable law.

    10.2

    You agree to indemnify CheckYeti including its employees, officers, representatives, agents, subsidiaries, successors and connected entities against any liability, damage, loss, claim, cost or expense including legal fees and costs suffered by CheckYeti arising from or in connection with infringement in or by any of Your content of any third party rights. This includes any damage, loss, claim, cost or other expense suffered by any User relating to Your content or any activity or service you might offer, request, book or agree via our Site.

  • 11 Transfer of rights, part-invalidity & applicable law

    11.1

    You agree that You may not, without Our prior written consent, transfer any of Your rights or obligations under these Terms. However, CheckYeti may, without Your prior written consent, transfer any of its rights or obligations under these Terms.

    11.2

    In case any provision or part of a provision of these Terms is found to be unlawful or otherwise invalid or unenforceable by any court or authority of competent jurisdiction, such provision or part of a provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part of a provision had never been agreed.

    11.3

    These Terms and all matters that arise out of or relate to these Terms including but not limited to non-contractual disputes, claims and their interpretation are governed by the laws of Austria to the extent that such law is not overridden by the respective applicable mandatory law. Any dispute or claim that arise out of or relate to these Terms including but not limited to non-contractual disputes, claims and their interpretation are subject to the jurisdiction of the Austrian courts. Place of jurisdiction is Vienna, Austria.

    Last update: October 2017

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