The following sets out the terms and conditions of use for www.holidaycheck.com (the “Website”).
These terms and conditions of use apply to any use of the Website including your browsing and uploading of hotel/holiday reviews, pictures taken by tourists/travelers, travel videos, forum postings, and any other publications by you on the Website.
HolidayCheck AG, whose registered company address is at Bahnweg 8 in 8598 Bottighofen, Switzerland (“we”, “us”, “our”) runs and operates the Website.
Other web pages also run by the HolidayCheck AG are e.g. www.holidaycheck.de, www.holidaycheck.at, www.holidaycheck.ch, www.holidaycheck.com, www.holidaycheck.co.uk, www.holidaycheck.fr, www.holidaycheck.es, www.holidaycheck.it, www.holidaycheck.nl, www.holidaycheck.pl, www.holidaycheck.cz, www.holidaycheck.ru, www.openholidayguide.de, www.urlaubsbilder-online.de, www.hotelbewertungen.de, www.hotelkritiken.com and www.urlaub.com.
This Website contains various information in written, visual, and audio format. In particular vacation/travel reports and pictures taken/written by tourists/travelers and hotel guests are released. The Website also contains videos and video clips uploaded by tourists and travelers, as well as content from hotel management companies in the form of pictures and hotel news.
Any user may visit the Website to gain information 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 (“Content”).
Furthermore, it is also possible to take advantage of special offers and place bookings for a variety of accommodation and travel. Such offers and services are always subject to separate terms and conditions. For a copy of our terms and conditions of purchase, please go to the bottom of this page.
By using this Website you agree that you are at least 14 years old. Please also note that in order to place a booking or to upload Content on the Website you must be at least 18 years old.
You shall not make any statements about yourself or any other person which are false or capable of being misunderstood. In particular, you shall not log on under a false identity. This does not apply to our interactive forums where we recommend that an alias is used in order to protect your privacy.
It is a condition of your use of this Website that you shall not upload any content that:
Please note that HolidayCheck AG does not edit or control the content posted to or distributed on the Website. However, in the event that any user violates any of the above restrictions or the following terms concerning the posting or uploading of Content (especially with regard to holiday/hotel reviews), HolidayCheck AG reserves the right to delete, modify or add content without prior or later notice and without explanations and/or reason. In particular, please note that we will strive to delete illegal content immediately after we discover it. We also reserve the right to either temporarily or permanently suspend your use of the Website, where you are in breach of these terms and conditions of use.
By posting or uploading Content to the Website you agree that you have full rights and authority to do so and have obtained any necessary approvals and consents from third parties where applicable. You acknowledge and agree that your Content is non-confidential and non-proprietary. You hereby grant HolidayCheck AG and its affiliates a free of charge, irrevocable, permanent, transferable, fully sub-licensable and worldwide right to use your Content in any form and in any medium which is now known or devised at a later date (including but not limited to print, on the internet (including other websites of HolidayCheck AG, television and mobile communication platforms). This includes in particular the right to reproduce, distribute, modify, translate, create derivative works of, publish and publicly make available the Content.
You permit us to use your name which you provide to us alongside any Content you submit and acknowledge that HolidayCheck AG may choose to provide attribution of your comments or reviews at our discretion. You agree to Content being moved to different parts of the Website and/ or pictures being compressed for clarity and better visual arrangements.
Any effort to disrupt, destroy, limit or otherwise negatively influence or modify the intended functionality of the Website is prohibited. In particular you shall not (and shall not attempt to) bypass security functions or modify computer systems, servers, routers or any other equipment connected to the internet, or gain unauthorized access, or disrupt the functioning of any of our systems and equipment.
Furthermore you agree:
You agree that where you contact us and any third parties by using the Website, its private message system and/or a contact forum, you will not write or send any content which:
HolidayCheck AG retains the right to temporarily or permanently ban any user/s who are in breach of these or any other part of these terms and conditions.
A manager or other suitably senior 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.
In cooperation with local businesses in some countries (“Card Partners”), HolidayCheck AG provides a so called “HolidayCheck Card” service, by which Card Partners offer discounts, reductions and extra services to HolidayCheck Card holders (“Extras”).
Card Partners should register in the corresponding area of the Website and communicate all the necessary information about their Extras to HolidayCheck AG.
Card Partners are responsible for legality and validity of their Extras as well as honouring the terms of such Extras. Card Partners shall indemnify and hold HolidayCheck AG harmless for and against any claims from a third party in this respect.
Extras may be stated in German, English or Spanish. HolidayCheck AG may translate Extras into German or any other language and modify Extras before they will be published on the Website or other Websites of HolidayCheck AG.
Once Extras are online, Card Partner will receive a notification e-mail. Card Partner must then provide a final check of the text to be published and shall report anything incorrect to HolidayCheck, in particular any incorrect translation of Extras. If Card Partner fails to report any error it will remain responsible for any liability which results from that failure.
We will only publish Extras which include at least a 10% price-reduction, or a service corresponding to that value, to customers with the HolidayCheck Card.
The HolidayCheck Card is personalised with the name and customer number. The card is transferable and may therefore be used by people other than the card-owner. By providing Extras, Card Partner is obliged to grant Extras to any HolidayCheck Card holder. Extras must remain valid for 30 days. After 30 days Extras may be withdrawn or amended.
HolidayCheck AG reserves the right to inquire Card Partner, if a HolidayCheck Card holder should not receive Extras. In case of substantial user-complaint Card Partner will need to provide the evidence of having granted the advantage. HolidayCheck AG reserves the right to suspend Card Partner temporarily or permanently from the Website, in the event that it repeatedly fails to honour Extras which it has promised to users. In addition, HolidayCheck AG reserves the right to limit or end any Extras or end any Card Partner’s association with the advantage program for any reason by providing 30 day notice.
Hotel reviews, reports, ship reviews, holiday pictures, pictures of hotels, holiday videos and related Content which are available through the Website originate from third parties. Reports and reviews by any user represent the opinion of the respective third party user. Such reports and especially pictures and videos are “snapshots”. If some time has passed since the posting, transmission, or uploading of Content it should be borne in mind that circumstances, hotels and resorts etc. might have changed. The quality of an assessment of a hotel or resort may depend on the quantity of available reports and reviews. A single picture or review is not usually capable of providing a complete impression of the situation and may only represent, for example, small parts of a hotel or surrounding area.
Furthermore, the content of a report or review may vary depending on the age of respective persons, their interests and the purpose of their visit (relaxation, sports, nightlife, exploration, business trip), and if people are traveling on their own, in a group or as a couple. A group of young people may not appreciate a hotel which welcomes families or is very peaceful and calm, and it may not appeal to a business traveler if there is a lot of entertainment for the guests at a hotel.
Also, travelers’ nationality, the frequency of their holidays and traveling and previous experiences in different countries may have an impact. It should be taken into consideration that each and every traveler may have different expectations about what constitutes good service, cleanness and neatness, quality of food and friendliness of staff.
Remember that in some culturally diverse countries the local hotels and resorts will often have different standards as for example European ones.
PLEASE BE AWARE THAT BY PROVIDING INFORMATION ABOUT A DESTINATION, WE ARE NOT SUGGESTING THAT TRAVEL TO SUCH PLACES IS ADVISABLE OR RISK FREE. WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM YOU DECIDING TO TRAVEL TO SUCH DESTINATIONS.
HolidayCheck AG does not guarantee or warrant the completeness, correctness, accuracy or quality of any Content. This disclaimer also applies to the “travel checklist” and the “Newsletter”.
On this basis, we would recommend that you should get in touch with authorities, embassies, tourist information desks and other applicable institutions in order to help verify the accuracy of the Content. In particular, you should do this in relation to matters such as health, for example health certificates and vaccination and any issues concerning passports and visas.
Content concerning travel services, prices and taxes has been provided to HolidayCheck AG by travel agencies and/or related service institutions. Consequently, HolidayCheck AG cannot guarantee the correctness, completeness, accuracy or quality of such Content.
Please note that user Content represents the views of the individual use and does not represent a statement, opinion recommendation or rating by HolidayCheck AG.
By using the Website and content you agree to use it at your own risk.
Although HolidayCheck AG does not have any responsibility for any mistakes which are made by either you or travel agencies when making a booking, we will do what we can to help. Where you become aware of a problem, please contact us as fast as possible at: firstname.lastname@example.org.
On this basis, HolidayCheck AG does not guarantee uninterrupted availability of any content and use of the Website itself. HolidayCheck AG expressly reserves the right to block, modify, add to and/or delete all or part of the Website, or any of its other websites, whether temporarily or permanently.
You are responsible for ensuring that you have the necessary IT equipment to use the Website. The Website has been optimized for Mozilla Firefox and Internet Explorer version 05.
HolidayCheck AG cannot guarantee or warrant that the Website is free of viruses, worms, Trojan horses or any other malicious codes which could have a destructive, vitiating, disruptive or other negative impact.
It is your responsibility for making sure you sufficiently protect your PC from viruses.
We are the owner or the licensee of all intellectual property rights (copyright, trade marks, patents, design rights etc.) in our Website, and in the content published on it. Any content published on the Website (e.g. software, products, trademarks such as logos etc., information, reports, pictures and graphics) is protected by national and international laws and agreements. Any kind of copying, duplication, distribution, commercial exploitation, modification, adding and/or deletion is prohibited, including the integration of any content on external websites, for example through interlinks, deeplinks, or frames.
Any user may apply for the right to use content originating form HolidayCheck AG by contacting us at email@example.com. For more information please read details of our special partner program at www.openholidayguide.net.
You are permitted to make a single copy of content for private, non commercial use, provided that the source remains identifiable, for example by use of a reference.
You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods on the Website.
In case you suspect that any content available on the web page violates your intellectual or other property rights, please contact us as soon as possible by e-mail at: firstname.lastname@example.org. We will try to resolve your issue as fast as possible and in the most cost-efficient manner, although we cannot provide any guarantees. In particular, our aim is to clarify each situation directly with the user without a need for using lawyer as an intermediary.
You agree to defend and fully compensate HolidayCheck AG and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited, to reasonable legal and accounting fees, brought by third parties as a result of:
Where the user is (i) a trader (ii) its place of residence is outside the EEA , such a user and HolidayCheck AG agree to submit to the exclusive jurisdiction of the courts located within the kanton Thurgau, Switzerland. This also applies to passive lawsuits.
Bottighofen, 14th March 2011