Customer Terms and Conditions
Please read the Terms and Conditions of Use carefully. You must take note of and accept them before you can use the platform. The Terms and Conditions of Use can be printed out and stored from the browser.
1. The platform
Guidebase Ltd, 6 Little Green Cheveley, Newmarket, Suffolk , CB8 9RG ("Guidebase") runs the website at www.guidebase.com (the "website") and related mobile apps ("apps") for various platforms (the website and apps being jointly referred to hereinafter as the "platform"). The platform enables its users to book certified mountain guides and other professional outdoor activity providers (hereinafter referred to generally as "mountain guide(s)"). In addition, the platform provides thematically related services, such as weather information, access to webcams, etc. However, the focus is on helping to find and arrange mountain guides for alpine pursuits (hereinafter referred to as "trips").
The mountain guides who can be booked using the platform are not employed by Guidebase, but entrepreneurs who act independently and on their own account.
Guidebase itself does not offer any mountain guide services. Guidebase acts solely as an intermediary between users of the platform and mountain guides. Consequently, any agreement relating to a tour is formed only between the user of the platform and the mountain guide. That means only the mountain guide, and not Guidebase in any way, shape or form, is responsible for preparing and holding the tour properly. Guidebase merely enables conclusion of an agreement between the user of the platform and the mountain guide.
Mountain guides who have registered on the platform can use it to offer tours that they have designed themselves and that their certification authorizes them to hold. They can also offer their services for tours tailored to the wishes of platform users provided their certification authorizes them to hold the requested tour.
Users who conclude an agreement on a tour with a mountain guide must be of age in accordance with the legal regulations applicable to them when they conclude the agreement. All users are themselves responsible for making sure they have the necessary physical condition and health to take part in and complete a booked tour and have sufficient tour experience. Mountain tours, of whatever nature, generally entail significant physical strain and risks which may result in injury or even death; the user is aware of that and is willing to run such risks when concluding an agreement on a tour.
2. Scope of application of these Terms and Conditions of Use
These Terms and Conditions of Use shall apply exclusively to the business relationship between Guidebase and the user. Differing general standard terms and conditions of the user shall not be acknowledged. This shall also apply if Guidebase does not explicitly object to their inclusion.
These Terms and Conditions of Use do not govern the agreement on a tour to be concluded between the user and mountain guide and so do not apply to that relationship between the mountain guide and user. Instead, it is a matter for the user to negotiate and conclude such an agreement with the mountain guide.
3. Conclusion of a Usage Agreement
3.1 The user's contractual partner is Guidebase.
3.2 The agreement shall be concluded in English.
3.3 The user must conclude an agreement with Guidebase on use of the platform ("Usage Agreement") on the basis of these Terms and Conditions of Use in order to be able to use the platform. The Usage Agreement shall be formed by an offer being made and accepted. Users shall submit an offer as follows:
- If users have a Facebook account, they can log on to the plat-form using it. In this case, Guidebase obtains users' first name and surname, their e-mail address and the profile photos they have stored on Facebook.
- However, users can also use the platform by opening their own account on the platform. To do that, they must specify their first name and surname, their e-mail address and a telephone number and can optionally upload a profile photo.
- Users can amend mistakes in their inputs at any time by typing in the correct details. Before the form is finally sent off, all the inputs are displayed again in a confirmation window and can also be corrected there.
Guidebase shall not pass on this user data to third parties and shall use it only for running the platform.
3.4 Users must enter truthful and complete registration data. They shall not have a right to conclude a Usage Agreement. Only users who are of age in accordance with the legal regulations applicable to them (in Germany: persons who are 18 and above) may register on the platform. In individual cases, Guidebase may ask users to furnish proof of their date of birth. Users must also be healthy and physically fit enough to complete the mountain tours they intend to undertake. By sending their offer, users state that they fulfill that requirement.
3.5 Guidebase shall store the text of the Usage Agreement after it has been concluded; users can access it over the platform at any time.
4. Use of the platform
4.1 The users shall keep their profile data up-to-date at all times. In particular, changes to their stored e-mail address and telephone number must be made right away.
4.2 The users shall keep their access data for the platform, in particular their password, secret under all circumstances. They shall be obliged to notify Guidebase immediately if they have grounds to believe that their access data is being misused.
4.3 The agreement to hold a tour (the "Mountain Guide Agreement") shall be formed solely between the mountain guide and the user of the platform. Guidebase shall not be involved in this agreement, but shall only mediate conclusion of it. This shall be done as follows:
- The user of the platform can send requests for tours to mountain guides using the platform.
- The mountain guide who receives the request shall check it and send the user an offer via the platform.
- The user can accept this offer, reject it or request the mountain guide over the platform to submit an amended offer, which the user can in turn either accept or reject. If the user accepts the offer, the Mountain Guide Agreement is formed.
The contents of the Mountain Guide Agreement, in particular relating to remuneration, shall be defined solely between the user of the platform and the mountain guide. The responsibility for preparing and holding the tour shall lie solely with the mountain guide, not with Guidebase.
Mountain guides shall be obliged to provide users of the platform who request a tour with all the information required to conclude the agreement and in the necessary manner and, in particular, to inform said users properly about any right of withdrawal.
4.4. The user shall notify Guidebase of the conclusion of a Mountain Guide Agreement and any cancellation of it.
4.5. The users may conclude a Mountain Guide Agreement (Section 4.3) with mountain guides who contact them pursuant to their request about a tour only using this platform. This shall also apply to future bookings of the same mountain guide.
4.6. Users may conclude agreements only for tours that they can complete without health problems and with their level of proficiency and fitness. Users alone shall bear the risks as regards their level of proficiency and fitness.
4.7. Users are aware that any alpine sport entails considerable risks (sudden changes in the weather, falling rocks, precipices, crevasses, avalanches, etc.). Users are themselves responsible for doing all they can to minimize such risks. In particular, users must ensure they have the adequate and necessary equipment on the booked tour in coordination with the mountain guide.
4.8. On the booked tour, the users shall obey the instructions of the mountain guide, comply with the pertinent legislation and official requirements and in particular ensure they protect nature and the environment.
4.9. After completing a tour, users can post a report (text/photo) about their tour on the platform. The report must be written in a fair and objective manner and should contain information that is helpful to other users. Guidebase shall be authorized to delete reports without prior notice.
4.10. Guidebase shall endeavor to maintain the platform's availability without interruptions and to send data that is free of errors. Howev-er, the nature of the Internet means that Guidebase cannot guarantee unrestricted access to the platform at all times. Access to it may be interrupted or restricted for a short time and without prior notice for technical reasons (e.g. maintenance work) or due to force majeure (e.g. power outage).
5. Blocking of an account
5.1. Guidebase shall be authorized to block users' profile and access to the platform if and for as long as there are concrete indications that the users are not complying with their obligations under the Usage Agreement or are misusing access to the platform.
5.2. Guidebase shall be authorized to block users' profile and access to the platform definitively if, in the judgment of Guidebase, that is necessary to protect the platform's functionality and/or other platform users, in particular if
- users have furnished incorrect profile data, in particular an in-correct date of birth;
- users have disclosed their access data for the platform to a third party;
- the users have repeatedly received negative ratings (3 stars or less) from mountain guides who have conducted a tour with them and blocking of them is necessary to safeguard the interests of other platform users or protect users themselves against injury or death;
The user shall not owe Guidebase any remuneration for use of the platform in accordance with the Usage Agreement and for brokering mountain tours.
7. Term and termination
7.1. The Usage Agreement shall be concluded for an indefinite period of time. It can be terminated ordinarily by users at any time and by Guidebase with a period of notice of two weeks. The right to terminate it without notice for an important reason shall remain unaffected.
7.2. Notice of termination shall not be valid unless given in text form (e.g. by email). E-mail shall be sufficient.
8.1. Guidebase shall be liable for violation of its contractual and non-contractual obligations through willful intent or gross negligence. If it acts with slight negligence, Guidebase shall be liable only
a) for damage resulting from injury to life, body or health,
b) for damage resulting from violation of a cardinal obligation un-der the Usage Agreement (an obligation whose proper fulfillment constitutes a condition for implementation of the agreement and on the fulfillment of which the other party to the agreement regularly relies and may rely); in this case, however, liability shall be limited to reimbursement of the foreseeable damage that typically occurs.
8.2. The above limitations on liability shall not apply to claims under the UK Product Liability Law.
9.1. The users of the platform and the mountain guides shall rate each other after a joint tour has been held. The rating can be viewed by the other platform users and mountain guides.
9.2. The ratings shall not be reviewed by Guidebase.
9.3. The users, like the mountain guides, shall be obliged to provide only truthful and objective details in their ratings. The users, like the mountain guides, shall refrain from making offensive remarks.
9.4. The users, like the mountain guides, shall be obliged to refrain from manipulating the platform's rating system in any way, such as by tasking third parties to submit positive or negative ratings, etc.
9.5. Guidebase shall be authorized at its own discretion to remove ratings that Guidebase believes to be misleading or inappropriate.
10. Rights of use
10.1. The users shall grant Guidebase a simple, transferable and subli-censable right, free of charge and without restriction as to time and place, to use the content they have uploaded, in particular texts, photographs, graphics, etc., in particular
- to copy and disseminate it in any type of printed work and printed publication
- to copy and disseminate it using digital storage and reproduction media, irrespective of the technical equipment and including all digital and interactive systems, in particular also for reception by stationary and/or mobile devices, regardless of the transmission channel and transmission method
- to store it in and retrieve it from electronic databases, including those of search engines, and electronic data networks, regardless of the storage and transmission technology used for that
- and in each case irrespective of the purpose of its use, including in particular for Guidebase's marketing purposes.
The conferred rights of use shall also include the right to edit the content, in particular in such a way that it can be suitably presented on mobile devices (smartphones, tablets, etc.).
10.2. The users pledge to Guidebase that they have the required rights to grant the rights in accordance with Section 10.1 and that Guidebase does not infringe any rights of third parties through the types of use permitted pursuant to Section 10.1. The user shall indemnify Guidebase against such claims by third parties.
10.3. Guidebase shall be authorized at its own discretion to remove ratings that Guidebase believes to be misleading or inappropriate.
11. Data protection, consent
12. Final provisions
12.1. Guidebase reserves the right to amend these Terms and Conditions of Use if and insofar as that it is necessary due to circumstances that Guidebase could not foresee and over which Guidebase has no influence.
12.2. Guidebase shall give the users advance notice of amendments. If the user does not object to the amendments within 6 weeks of re-ceiving said notice, the amended Terms and Conditions of Use shall be deemed to have been agreed.
12.3. Guidebase shall be authorized to enlist the services of third parties to fulfill its obligations under the Usage Agreement and to exercise its rights.
12.4. Guidebase shall be authorized to assign its rights and obligations from this agreement to third parties, in full or in part, subject to prior notice (of at least 4 weeks).
12.5. This Usage Agreement shall be subject to UK law, to the ex-clusion of the United Nations Convention on Contracts for the In-ternational Sale of Goods. If the user is a consumer, this shall apply only if, as a result, the user is not deprived of the protection granted by mandatory statutory regulations at the user's place of residence.
Date of these Terms and Conditions of Use: April 24th 2020