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).
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
In case of discrepancies between the English version and the German version of these Terms, the German version shall prevail.
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.
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.
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.
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.6.2
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.6.4
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.
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.
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.8.2
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.
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.9.2
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.
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.10.2
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.10.3
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: June 2016