The following will settle the terms of use for the web pages of HolidayCheck AG.
Furthermore will the conditions and indicators be displayed for hotel/-holiday reviews, pictures taken by tourists / travellers, travel videos , forum postings, and any other publication on the web pages of HolidayCheck AG.
All terms and conditions do also apply if the use of the web pages of the HolidayCheck AG does occur outside of Switzerland, and regardless of the nationality of the user.
The HOLIDAYCHECK AG, Romanshorner Strasse 115 in 8280 Kreuzlingen, Switzerland runs web pages which deal with travel/ vacation content/ information.
Other web pages also run by the HolidayCheck AG are holidaycheck.de, holidaycheck.ch, holidaycheck.at, holidaycheck.com, holidaycheck.fr, holidaycheck.it, holidaycheck.es, holidaycheck.pl, holidaycheck.ru, holidaycheck.nl, urlaubsbilder-online.de, openholidayguide.de and hotelcheck.de.
These web pages contain various information in written-, visual-, and audio format. In particular vacation/ travel reports and pictures taken/ written by tourists/travellers and hotel guests are released. Also videos and video clips by tourists/travellers are released, as well as content from hotel management companies in form of pictures and Hotel- News.
Any user may visit the web pages of HolidayCheck AG to inform him/herself without charge and may also participate by inserting a hotel review, by inserting/ uploading pictures of his/her holiday, as well as videos of his/her holiday, and/ or by writing a bulletin point entry/ posting.
Furthermore is it possible to entrust the HolidayCheck AG with the arrangement of various offers from a variety of travel/ holiday companies and other service providers (e.g. arrangement of hotel accommodation).
Any user has to be at least 14 years of age.
The user ensures not to make, any statements about him/herself or any other person, which are false or capable of being misunderstood in particular not to log on under a false identity. This does not apply for forms, where concerning the name an alias may be used.
The user obliges him/herself not to insert any content which:
In case any user violates these or the following terms concerning the insertion/ upload of content/ pictures/ videos/, especially with regard to holiday/ hotel reviews, HolidayCheck AG is entitled/ allowed to delete, modify or add content without prior or later notice, especially even without explanations or/ and reason. Illegal content will be deleted immediately.
By making content public (e.g. hotel reviews, pictures, holiday videos postings bulletin entries) the user guarantees that he is the owner/ holder of any propriety right necessary to do so. The user transfers, free of charge, irrevocability, a permanent, and material, regardless of location, a right of use to HolidayCheck AG for usage of the content in any form and in any medium (especially print, internet, television, mobile communication platforms). This includes in particular the right to reproduce, distribute, modify and publicly make available. In particular the user agrees to a transfer of these rights from HolidayCheck AG to a third party. The original coherence – hotel review/ holiday pictures/ holiday videos/ remain always the same. In case the user is not him/herself the owner of the rights of the submitted content, he/ she ensures that he/she effectively obtained all necessary rights, licenses, approvals consents and suchlike. In case the user violates one or more of these terms, he/she holds HolidayCheck AG according to cipher IV free and harmless to the full extent of any claims by any third party. HolidayCheck AG is furthermore entitled/ able to install advertisement in the field of the publicly made available material and its usage as well as use it for other promotion purposes. Hereby the user explicitly agrees to.
The user gives his consent to content being moved to different categories/ and/ or pictures being compressed for better clarity/ more useful arrangement. He/she also agrees that HolidayCheck AG may monitor and/ or partly/ edit modify with proper respect to copyright/ property right, and delete content or translate in different languages.
Any user understands that any content (e.g. pictures/ videos reports/ reviews) originating from him is his sole responsibility.
Any effort to disrupt, destroy, limit or otherwise negatively influence or modify the intended functionality of the web pages of HolidayCheck AG is forbidden. It is particularly forbidden to bypass security functions or to modify computer systems, servers, routers or any other equipment connected to the internet, or to gain unauthorized access, or to disrupt the functioning of any of these systems/ equipment.
Furthermore the user consents to:
The user obligates himself in the case of contacting third parties by using the web pages of Holidaycheck its private message system and/ or contact formulas, not to write/ send any content which:
Should, regarding the above, content be made aware to HolidayChek AG, which is contrary to rules and regulations / terms and conditions of the HolidayCheck AG , or violate/ harm personal rights, does the HolidayChek AG retain the right to permanently ban the user/s.
The person in charge of a hotel may write news and hints concerning his hotel, or upload pictures and offer these to users at HolidayCheck. Thus interested holiday makers can gain important extra information about a hotel, alongside to hotel reviews. This service is free of charge.
The same terms and conditions apply as state above.
Hotel reviews/ reports, holiday pictures/ pictures of hotels, holiday videos and content with related/ connected circumstances, which is/are offer at the web pages of HolidayCheck AG originate from third parties. It has to be taken in consideration that reports/ review by any user solely represent the opinion of the respective third party/ user. Such reports and especially pictures/ videos are “snapshots” If some time has passed since the posting/ transmit/ upload of a report/ picture/ video it also has to be borne in mind that things/ circumstances / hotels/s resorts etc. might have changed. The quality of an assessment may depend on the quantity of available reports/ reviews. A single picture is usually not capable of providing a complete impression of the situation; shown subjects only represent for example small parts of a hotel and only fragments of circumstances and surrounding.
Furthermore, the content of a report/ review depends on the age of the respective person, that aim and the destination (recovery, sports, partying , adventures, business trip) and if people travel on their own , in a group or as a couple. A group of young people may not care about a hotel which welcomes families or is very peaceful and calm, it might not be important to business women/ man if there is a lot of entertainment for the guests and a couple on honeymoon may be fond of seclusion.
Also a traveller’s nationality, the frequency of his vacation/ travels and gained experiences in different countries may have an impact. It should be taken into consideration that every traveller may think of good service , cleanness& neatness, quality of food , friendliness of staff and further characteristics of a hotel / place in a very different way.
Concerning travels into culturally (highly) diverse countries it has to be taken into account that local hotel/ resorts/ places/ will often have different standards as for example European ones.
HolidayCheck AG does not guarantee/ warrant for completeness, updating, correctness or further quality of available content. This also applies to the “travel- checklist” and the “Newsletter”. This content is only presented for your convenience, even though it has been/ is assembled in (to) best knowledge.
Any user has to be aware of the fact that content is subject to changes any time.
Consequently any user should get in touch with authorities, embassies, tourist information desks and further institutions which may be able to guarantee for the information. This applies in particular to necessities concerning health as for example health certificate and vaccination and furthermore to necessities concerning passports and visa. On the web pages of HolidayCheck AG possibly available content concerning these matters solely applies to citizens of Austria, Switzerland and Germany anyway, in cases these citizens are in possession of a passport issued by one of those countries.
Content concerning travel services, prices and taxes has been placed at HolidayCheck AG’s disposal by travel agencies and/ or related service institutions. Consequently HolidayCheck Ag does not guarantee for correctness, completeness, updating or further quality.
In addition to that HolidayCheck AG draws attention to the fact, that publishing of user content, for example reports and pictures, on these web pages does not represent a statement, opinion recommendation / rating of HolidayCheck AG.
In particular viewing of such content by any user or the the publishing itself does not represent any advice or consultation. By using the web Pages and content any user is consenting to use it at own risk. This applies in particular to a user’s choice or recommendation of hotels/ travels/ trips/ tourist services and/or booking based on content originating from other users from web pages of the HolidayCheck AG.
HolidayCheck AG does not guarantee/ warrant for completeness, updating, correctness or further quality of hotel reports/reviews, holiday/ hotel pictures/ videos or any other available content.
This also applies for communication platforms on the web pages of HolidayCheck AG. Published content is neither monitored nor approved by HolidayCheck AG; the relevant communication is public communication. HolidayCheck AG is not liable and does not appropriate any such content.
HolidayCheck AG does not guarantee for content which results from wrong allocations of hotels, places cities, ships, countries etc. In case of wrong allocation please contact is as fast as possible: info@holidaycheck.ch
Holidaycheck AG reserves the right to modify, add and/ or delete provided content originating from HolidayCheck AG without prior or any notice at all.
Furthermore HolidayCheck AG does not guarantee uninterrupted availability of any content and these WebPages HolidayCheck AG expressly reserves the right to block, modify, add and/ or delete parts/ content of pages, pages or the websites and/ or to cease publishing temporarily or permanently.
Any user has to make sure by himself that his IT- System / PC and further data processing units provide the necessary features for using the webpages of HolidayCheck AG. These web pages have been optimized for Mozilla Firefox and Internet Explorer version 05.
Moreover HolidayCheck AG does neither guarantee nor warrant for these web pages being free of viruses, worms, Trojan horses or any other data arrangement s/ codes which could have a destructive, vitiating, disruptive or other / further not intended negative influence.
Any user has to make sure to sufficiently protect relevant IT- System/ Pc and further data processing units.
If and to the extent to which possible HolidayCheck AG excludes any liability concerning damages of materiel and / or non- material values, that result from usage or non- usage, and/ or faulty incomplete, out of date- information/ content of these web pages and any content, especially information, except concerning intentional causation of damages or violation of fundamental contractual responsibilities. In that case HolidayCheck AG limits its liability to the immediate and typically predictable damage.
Any content published on the web pages of HolidayCheck AG (e.g. software, products, Trademarks such as logos etc., information, reports, pictures and graphics) are protected by national, and international laws and international agreements. Any kind of copying / duplication , distribution and further , in particular commercial use, making available to the public , modification, adding and/or deletion is prohibited, including the integration of any content on external web pages for example via/ through interlinks, deeplinks, or frames.
Any user may apply for the right to use content originating form HolidayCheck AG: info@holidaycheck.ch and this is especially possible under : www.openholidaygiude.net , which is a special partner program.
Solely a single copy of content for private, non commercial use is allowed, provided that the source is identifiable, for example via reference.
In case you suspect a violation of your industrial and further property rights via/ through any content available on the web pages of HolidayCheck AG , contact us as soon as possible: info@holidaycheck.ch . We will try to produce relief as fast as possible. It does neither meet our expressed nor presumptive interest authorizing a lawyer for a dissuasion/ reminder with costs.
Any user commits himself to identify HolidayCheck AG, its partners and employees from any claims/ demands even on first/ immediate demander, including appropriate and respectively legally determined costs that originate from illegal, not as specified, abusive and/ or incorrect use of these web pages and any content, especially upload, transmission, posting or making available of content or data. Any user supports HolidayChck AG concerning defense of such claims/ demands, particularly by providing all necessary information/ material for doing so. Any user is obliged to pay damages which result in enforcement of such claims/ demands/ through third parties.
Data protection is an important subject to HolidayCheck AG. Any personal data, which the user provides by using the HolidayCheck AG’s websites, are used in accordance with applicable data protection regulations and our privacy policy.
Please click here to see our privacy policy
HolidayCheck AG reserves the right to modify, add or renew these terms of use with future effect at any time, without prior or any notice at all. On these pages the current / updates version is provided. By further use of these web pages the user is consenting to be bound by the current version.
These terms of use shall be governed by the laws of Switzerland. This does not apply in case of a conflict with Swiss or internationally compelling laws for consumer protection or international agreements.
Any user and HolidayCheck AG agree to submit to the exclusive jurisdiction of the courts located within the country Thorgau, Switzerland in case the user is a trader, does not have a general forum in Switzerland, has changed his place of residence or place of main presence to another country than Switzerland after conclusion of contract or whose place of residence or place of main presence is unknown at the moment of filing action. This also applies to passive lawsuits. This does not apply in case international agreements, Swiss or internationally compelling laws for consumer protection provide something different.
In the event that part of these terms of use do not correspond to valid laws the other parts stay untouched in their validity and invalid party shall be replaced by such which comply with valid laws.
Kreuzlingen, 10/08/2007