We at Outr love adventures as much as you do but we still have to play by the book. Please read carefully our Terms of Service (“Terms”) as they include information about all legal requirements, agreements and conditions. By accessing and using the Outr Platform (“Platform“), you fully agree with conditions of our Terms.
The idea and purpose of our Terms is to describe conditions under which we, Outr GmbH (“Outr“), operates this Platform and our website (“Site“).
Our Terms is up to date as of 16th June 2018.
1. Scope of Outr services
We operate the Platform as an online marketplace for registered adventure seekers (“Users“) to search, find and book outdoor and adventure services (“Experiences“) published by 3rd party operators, providers and agencies (“Operators“) and to allow direct or in-direct communication between Users and Operators.
1.1 We as a provider of this Platform do not provide, offer, service, create, sell, re-sell or manage directly any Experiences. Operators are responsible to offer, manage and deliver Experiences on their own. When Users find and book an Experience that Operators advertise, both parties enter a binding contract together.
1.2 We do our best to allow only certified, verified and well stablished operators to join our Platform. We have, however, no control of the Experiences that Operators offer to our Users and adventure community in general. This means we can not guarantee the conditions, quality, safety or legality of the Experiences available on our Platform.
1.3 Adventure Operators are free to register for an account and offer their portfolio of Experiences on our Platform. By deciding to use our Platform to create, manage, promote and sell your Experiences, you agree that you, your employees or anyone representing your company act on your own behalf and not on behalf of Outr.
1.4 Any registered or unregistered User of our Platform is welcome to search for and book any Experiences provided by our Operators. Previous experience is usually not needed in most of the cases but we expect common sense and due diligence when booking any Experience. You are expected to do at least a minimum research about the Experience you are going to participate in.
1.5 We at Outr, as an Internet company, are doing best to keep our Platform running 24/7. We can not, however, guarantee 100% availability and accessibility of our Platform due to the nature of Internet. We are also constantly working on improving our Platform and this may result in limited maintenance windows when our Platform is not available.
Any User, Operator or an adventure community enthusiast can use our Platform with the following conditions:
2.1 You must be at least 18 years old to book Experiences on our Platform as this creates a legally binding contract (“Contract“) between you and our Operators. By registering for an account and using our Platform, you confirm to be at least 18 years old in order to enter into such binding Contract.
2.2 We expect any User interested in an Experience to check detailed conditions, dates availaible, difficulty, cancelations policies or Operator’s history before a booking is made via our Platform.
3. Account registration
To be possible to search for, book, create or modify an Experience on our Platform, you must create an Outr account (“Account“).
3.1 An Account can be created by registering on our Site using a valid email address which will be verified by an authentication code (for security reasons).
3.2 It is mandatory to provide valid and accurate information during the registration process. We strongly suggest to keep your User and Operator Account up to date as the information is publicly available.
3.3 In order for an Operator to create an account and to publish Experiences, a verification process will be innitiated from our side. We will ask for and verify information like email address, phone number, physical address, business ID, certification and insurance documents etc.
3.4 Security is a big concern to us and we require our Users and Operators to utilize security practices wherever possible. For example, secure your Account with strong password, change the password periodically, never share your account information with any 3rd party. You must contact us if you suspect your account information to be compromised.
4. Reviews and ratings
Our Platform is built on trust and we strongly promote the usage of a publicly available reviews (“Reviews”) and ratings (“Ratings”).
4.1 Both Users and Operators can submit their Reviews and/or Ratings once the Experience has been finished. We don’t create, modify, moderate or control these Reviews on our own as they reflect the opinions of individual Users and Operators.
4.2 We ask Users and Operators of our Platform to provide truthful and accurate Reviews and Ratings as our goal is to provide a valuable service to the adventure community.
Our Platform allows you to upload, store, create, modify and delete information (“Content“) which will be available to any User, Operator or other 3rd party. This could be, for example, your profile image, photos from your Experiences, description of your activities, etc.
5.1 By uploading this Content to our Platform, you confirm to be the sole owner of this Content and that it was not illegally downloaded or copied without original owner’s permission. You also accept the fact that you are entirely responsible for the Content which is uploaded via your Account.
5.2 We require our Users and Operators to only upload Content that relates to their Experiences and that does not violate any local or International laws. This may, for example, be Content that is vulgar, pornographic, is deceptive, is false, may offend our community due to discrimination of race, religion, age, etc.
5.3 We at Outr believe in respectful practices as we follow copyright laws and regulations and we expect our Users and Operators to act the same. Please, let us know if you believe any Content on our Platform does not follow these standards.
6. Outr Service Fees
Our main credo is that we will always be a community driven platform for adventure Users and Operators where everyone can list and search experiences absolutely for free. However, we have to charge small Service Fee (“Fee”) to keep our Platform alive (and to allow us to pay rent) .
With that in mind, our Fee is charged as following:
6.1 Operators that register their Experiences on our Platform will be charged only when an User books an Experience during the checkout process. We charge 15% Fee which is calculated from the total price of the experience. This Fee will be processed by Stripe Payment Gateway (“Gateway“) and the rest of the amount will be transferred to the Operator via a secure payment.
6.2 Users are not charged any Fee.
6.3 We reserve the right to change the Fee anytime but we will notify all Users and Operators before this will take affect.
7. Payment Terms
Learn about what Outr’s payment terms are and what’s included in the price of a booking and how you can pay for it. Find out what happens if a booking is canceled, and if your booking is refundable at all.
8. Operator Guarantee
Find out about how Outr guarantees our providers and what’s included when you register as a one.
9. Cancellations, Reservations and Refunds
All Users and Operators can modify or cancel Experiences via our Platform. The following section describes conditions and steps under which an Experience can be canceled, postponed or rescheduled and a payment refund (“Refunds“) issued if required:
9.1 Users can cancel a confirmed booking (“Reservation”) at any time.
!!!!!! and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications. !!!!!
9.2 Operators may cancel an Experience only under unexpected conditions that would jeopardize safety of User, Operator or anyone directly or indirectly participating in a given Experience. These may for example be severe weather conditions, security risks in local country where given Experiance is planned, technical difficulties or other extraordinary and unforeseen circumstances which are beyond their control. In such case, Operator may propose to reschedule your Experience with the same conditions as originally planned. It is your right to accept or refuse this offer as the new conditions may no longer suit your travel itinerary. You are fully qualified for a full refund in such a case.
9.3 Cancelation policy types – medium, extreme etc.
Experiences available on our Platform are in general risky, difficult and dangerous due to the nature of adventure and outdoor environment.
10.1 We expect each User planning to participate in an Experience to be in possession of a sufficient insurance policy (“Insurance”) that will cover all possible costs that may arise from an accidental injury, incident or death. If you don’t currently hold an Insurance, we strongly advise you to apply for a new policy of your choice.
10.2 Operators on our Platform may directly or indirectly warn you about potential risks associated with their Experiences and may ask for a proof of an Insurance.
10.3 You understand and accept that Outr does not, directly or indirectly, provide any Insurance as we don’t offer any Experiences.
11. Disclaimer and Liability
We welcome any User or Operator to use our Platform. If you do so, it is your own free decision and you act at your own risk. We operate our Platform and Site to our best effort but at the end, it is provided “as is” without any warranty.
11.1 Before booking and participating in an Experience as an User, you agree that you thoroughly read, checked and researched each Experience, you self-assessed your physical and mental strength, you hold a valid Insurance and you accept the risks associated with such Experiences. These risks may result in physical injury or death. If an Experience requires introductory training due to difficulty or length of such Experience, you agree to comply to and follow all safety procedures set by an Operator. You are also responsible for every co-joining member participating in an Experience with your party.
11.2 An Operator wishing to provide Experiences to Users agrees to conduct all measures to provide Experiences in safe matter, minimizing any possible risks that may lead to physical injury, incident or death. You agree to certify, train and periodically test all your employees, contractors, directly or indirectly employed by your company that will conduct Experiences on your behalf. Due to nature of these Experiences, you will inform Users participating in your Experiences about potential risks and you will advise them if an Insurance is required. You will also provide Experience in fair and respectful way to our community and you will follow proper business standards we require on our Platform.
11.3 You agree that Outr is not liable for any lost sale if our Platform is not available due to technical, natural or other reasons.
11.4 We are not liable for any Content uploaded to your Account if it is accidentally lost, deleted or unwillingly modified in case your Account is compromised due to weak or insecure credentials.
12. Legal Entity
Outr GmbH is a registered Limited Liability Company in the Canton of Basel-City, Switzerland, and can be verified under the following UID: CHE-393.914.923, CH-ID: CH27040060724 and EHRA-ID: 1341972.
We would love to hear from you if you have any question about our Terms or if you just want to send us a nice postcard. You can reach us at Outr GmbH, Unterer Batterieweg 73, 4059 Basel, Switzerland or by email at email@example.com.