ALL THE DETAILS
Here we detail all the nitty gritty of our cooperation. But don't worry, we made a brief summary for you. If anything still unclear, drop us a message or contact us on Whatsapp: +44 (0) 7563 272 053
Before you dive into the Terms and Conditions below, here is a short guide for you on how we can operate together, and get you climbing in your dream destination!
There is a lot of shared effort behind every climbing experience. We have climbed the world, and chose our favorite destinations in which we made friends with local guides, with owners of our best selected accommodations, close to our favorite crags and walls. We partnered with them to offer the best prices on the market, and in some cases, we connected with local travel agencies, who help us to stay on top of local law regulations and changes in local infrastructure. We have used our connections to organize climbing trips for us and our friends. And then we thought, why not make one website, through which we can offer this to everyone? Here is what you need to do to join us on the next adventure:
What happens after you have put your order?
If things do not go smoothly
All set? Book your flights, and see you at the destination of your choice!
TERMS AND CONDITIONS
Content
"KooKoo Climb" website is the exclusive property of KOOKOO CLIMB LTD, with registered office in Glasgow, 9 Technology House, G3 7PR (hereinafter, KooKoo Climb or KooKoo). The Terms of Use must be considered in conjunction with the Privacy Policy.
KooKoo provides online space available to Users at the domain name https://www.kookooclimb.com/ and any subdomains of which it has exclusive ownership. These terms of use (hereinafter, terms and conditions, TU, or Terms of Use), through which users, as defined below, can easily learn about tourist packages concerning, in particular, the performance of sports activities, even extreme ones and with particular with regard to climbing excursions (hereinafter, Experience) and book them.
KooKoo Climb organizes Experiences solely or in collaboration with suppliers (hereinafter, the Organizer). The Organizer full contact information will be provided as part of booking confirmation upon booking and purchase of Experience, as it may vary depending on User’s preferences.
The Organizer operates as organizer and tour operator for the Experiences made available on the Platform. The Organizer is specified for the Experience in Booking Confirmation. By using the Service, the User accepts the KooKoo Climb Terms of Use. The service provided by KooKoo Climb and the use of the Site / Platform, as defined below, are subject to the application of these terms of use and any other regulation or policy published by KooKoo Climb on the site. In case of disagreement with any term or condition or subsequent modifications thereof, or in the case of dissatisfaction with the Services offered by KooKoo Climb, the User has the right, respectively, not to accept these Terms of Use and to renounce the use of the Services offered by the Platform or immediately stop using the KooKoo Climb Platform.
1. Definitions
Contents: (i) files containing text, images, audio and/or video recordings, data and/or information organized in a database and in any case all files, documents and/or information in any format made available by the Users and that KooKoo Climb makes available through the Platform, or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to the Users of the Platform also by the Users themselves. In particular, this definition includes all images, videos and digital material of any kind that represents the User during the Experience and the performance of the activities planned therein.
Personal data: all personal information related to each User, including the name of the person, address and telephone number, possibly collected through the Platform.
Price: amount paid by the User to the KooKoo Climb through the Platform for booking and purchase of the Experience.
Site or Platform: the domain kookooclimb.com, and any of its contents, including any subdomains, any URL or parts thereof.
User: all natural or legal persons accessing the Platform.
Participant: all natural or legal persons taking part in the Experience. The User may or may not be the Participant.
Experience: trip organized by Organizer and made available (pursuant to Package Travel and Linked Travel Arrangements Regulations 2018 No. 634, PART 1, art 2., paragraph 6.) through the KooKoo Climb Platform inclusive of all activities as described in the Platform.
Intermediary: a professional other than the Organizer who sells or offers for sale packages combined by an Organizer.
Organizer: any professional who combines tourist packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the User to another professional in accordance with the needs of the Service.
Service: the activity carried out by KooKoo Climb through the Platform with which the User can purchase the Experience from the Organizer. The Service consists solely of the supply of technology (i.e. of the Platform) and in no case can it be considered an intermediation of tourist packages and / or experiences.
Terms of Use: as stated in the present document.
1.2 Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.
2. Platform description
2.1 KooKoo Climb aims to spread and encourage extreme sports tourism in remote locations, to bring economic growth in a responsible way, respecting the environment and making local communities thrive. The Site and the Services include an online platform through which Users have the opportunity to find out about the trips made available by the Organizer, both in Scotland and abroad, in which Users have the opportunity to carry out recreational and sports activities such as, by way of example, hiking or climbing or canyoning. Through the Platform, Users have the opportunity to learn about and purchase one or more of the Experiences organized by Organizer and made available on the Platform, being able to know the total price requested for the entire Experience. It is understood that KooKoo Climb has no control over the conduct of Users on the Platform and excludes any liability in this regard within the maximum limits permitted by law.
3. Privacy
The User declares to have read KooKoo Climb's Privacy Policy, available in full below, as amended from time to time; this Policy governs the acquisition and use by KooKoo Climb of Users' Personal Data.
In particular, KooKoo Climb acknowledges and confirms that any processing of personal data resulting from the execution of the TU will be carried out only for purposes related to such execution or for other purposes for which the User or KooKoo Climb has given express and unequivocal consent, and in any case in compliance with the provisions of the Data Protection Act 2018 and subsequent amendments, and EU Reg. 679/2016.
In particular, the User declares to have been informed about:
a) the purposes and methods of processing for which the data are intended;
b) the mandatory or optional nature of the provision of data;
c) the consequences of any refusal to reply;
d) the subjects or categories of subjects to whom the data may be communicated and the scope of dissemination of such data;
e) the rights referred to in Articles 15 (right of access), 16 (right of rectification), 17 (right to be forgotten), 18 (right to limitation of processing), 20 (right of data portability) of the Regulation;
f) the name, business or company name and domicile, residence or head office of the data controller.
4. Use of the Service by User
In order for the User to use the service, each User must first purchase the Experience. By purchasing the experience, the user binds themselves to provide personal data about him/her and other participants in the Experience, which are essential for the proper functioning of the communication service between people. By making the purchase, users certify that they are at least 18 years of age at the time of the purchase.
In particular, the User, when purchasing the Experience, bind themselves to provide, if required, the information requested in due process, which may concern, by way of example and not exhaustively, the following:
1. Identity Card;
2. Passport;
3. Driver License;
4. Personal Insurance Policy (if present)
It is the User's responsibility to ensure that the information and documentation provided, when requested, is, from time to time, updated, not expired and in any case suitable for the purpose of booking the Experience. If the User is prohibited from taking part in the Experience due to the lack, even if only in part, and / or inadequacy of the aforementioned documentation, the Organizer and KooKoo Climb will not be responsible for it, it being understood that in such cases any obligation to reimburse the Price or compensation for any reason is excluded.
When filling in the forms provided in the Platform and by KooKoo Climb, the User will provide an email address.
The email address will allow the identification of the User, as the subject to whom the activity or services requested on the Platform will be reported. If the User is not the sole traveller, the User becomes responsible to provide adequate communication between KooKoo Climb, the organizer, and all participants of the Experience. Failure to do so may result in an inability of the participant to take part in the Experience. In such a case, KooKoo Climb and the Organizer will not be responsible for it. It being understood that in such cases, any obligation to reimburse the Price or compensation for any reason is excluded.
The User undertakes not to provide any incorrect or false information about themselves or other participants in the Experience. In any case, KooKoo Climb cannot under any circumstances be held responsible for the wrong or false information communicated by Users, willingly, unintentionally or intentionally.
4.1 Cancellation/Suspension and Ban
The User, participant in the Experience, and any natural or legal person taking part in the Experience are required to comply with these TU, any warnings reported on the pages of the Site and any other obligation deriving from current legislation, as well as maintaining careful and responsible conduct at all times in particular with regard to the practice of dangerous sports. In the event of a violation of one or more of these provisions, KooKoo Climb reserves the right, at its discretion, to proceed with the Cancellation, Suspension and / or Ban (as defined below) from all further cooperation. It is understood that the violations can also be learned through one or more reports sent by other Users, Participants in the Experience, the Organizers, and other authorities.
Cancellation: Following cancellation, KooKoo Climb will no longer be in possession of any data communicated by the User or Participant.
Suspension: User or Participant will be prevented from using the Services offered on the Platform and partaking in the Experience for a period of time determined adequate by KooKoo Climb or the Organizer.
Ban: The User or Participant will be blocked from taking part in Experience, and communicating with KooKoo Climb, or the Organizer. Minimal information about the User or Participant in accordance with the Data Protection Act 2018 for the explicit purposes of identifying the User or Participant in the future, but not misidentifying a different natural or legal person. In this way, KooKoo Climb will be able to prevent the User or Participant subjected to Ban from partaking in the Experience again. It is understood that KooKoo Climb will use the data and personal information of the User or Participant subjected to the Ban only and exclusively to the extent strictly necessary to make the Ban effective and to monitor (and prevent) any attempts to take part in another activity or engage in abusive communication.
In any case, the User and the Participant retain the right to proceed independently and at any time to withdraw their information from KooKoo Climb if they do not wish to continue using the Services and the Platform.
5. Booking
The User him/herself can proceed to use the Service and to book and purchase one or more Experiences for themselves only or for other Participants. Through the Platform, the User will be able to receive all information on the Experiences in a clear and understandable manner. Once the Experience in which the User wishes to participate has been identified, the latter proceeds to send their request for booking and purchase of the Experience through the Platform to the Organizer. The Organizer reserves the right to confirm the availability of the Experience within 72 hours of the Booking request by sending an e-mail containing the summary of the booked Experience (hereinafter, Experience Contract), including all the information required pursuant to PTR2018, regulations 5, 6, & 7 (hereinafter, the Tourism Code). It is understood that until the time the User receives the aforementioned confirmation, Organizer will not be held responsible for any costs incurred by the User.
Before the conclusion of the Experience Contract and the purchase of the Experience, the User is obliged to confirm that he has read these Terms & Conditions & Privacy Policy.
5.4 Simultaneously with the conclusion of the purchase of the tourist package or, in any case, as soon as possible, the Organizer, via the Platform, sends a copy of the Experience Contract just concluded to the e-mail address connected to the User, and the confirmation of the reservation. The User agrees that this confirmation is communicated to him via the e-mail address provided through the Platform so that they can keep a copy on a durable medium. The User agrees to communicate the Experience Contract to any and all Participants considered at the time of Booking, and paid for at the time of booking, of the Experience through the Platform.
It is understood that the single Experience may constitute a "package" to the extent that various services will converge in the realization of the single entire Experience (i.e. transport, accommodation, sports activities and the like).
Before the User concludes the booking process and, therefore, is bound by the resulting Experience Agreement or by a corresponding offer with the Organizer, the User will receive all the necessary information relating to the Experience (as outlined in the PTR2018, PART 2, sections 4, 5, & 6) which the User is required to confirm having acknowledged and having communicated to all Participants.
6. Withdrawal
In accordance with Directive 2011/83 / EU and The Consumer Contracts Regulations 2014 (hereinafter, Consumer Code), the User who purchases a product or service remotely and away from the professional's business premises, has the right to withdraw within 14 days from the time of conclusion of the contract, receiving a full refund. However, since the Experience Agreement falls within the scope of the regulations concerning the Tourism Code, this circumstance constitutes a hypothesis of exclusion from the application of the right of withdrawal as provided for under PTR2018, section ‘Termination of the package travel contract by the traveller’. The User may be liable thus to cover a termination fee. The fees are outlined in full below.
It is understood that the User may withdraw from the Experience Contract at any time before the start of the Experience, upon reimbursement to the Organizer of the expenses incurred, being adequate and justifiable (the amount and motivation of said expenses will be provided by the Organizer to the Users who requests it).
Once the trip is confirmed by the guide, the cancellation policy stated below applies.
(conditions outlined in the section 6.1).
In any case, the User has the right to withdraw from the Experience Agreement, before it begins, without paying the aforementioned withdrawal costs and having the right to a full refund of the Price, less 5% Processing Fees, if unavoidable and extraordinary circumstances occur in the place of destination and which determine a substantial impact on the execution of the Experience or on the transport of the User to the destination. It is understood that, upon the occurrence of such circumstances, the User will be entitled only and exclusively to the reimbursement of the Price without being able to claim any further sum as compensation.
Processing Fees: Fees connected with the transfer of monetary resources between the User, KooKoo Climb, Organizer. These fees are charged to KooKoo Climb by providers of financial services.
The right of withdrawal from the Experience Contract is also allowed to the Organizer. In this case, the Organizer must grant the User the full reimbursement of the Experience without, however, being obliged to pay any further sum as compensation. In any case, the Organizer is not required to offer reimbursement to the User if:
1. the number of people enrolled in the Experience is less than the minimum required by the Experience Contract and the Organizer has communicated the withdrawal from the Experience Contract to the User within the deadline set out in the Experience Agreement. It is understood that the Organizer will be obliged to set a notice period of:
• more than 20 days prior to the start of the Experience for trips lasting more than 6 days;
• more than 7 days prior to the start of the Experience for trips lasting between 2 and 6 days;
• more than 48 hours prior to the start of the Experience for trips lasting less than 2 days.
2. the Organizer is unable to execute the Experience Contract due to unavoidable and extraordinary circumstances having communicated the withdrawal from the Contract to the User without undue delay before the start of the Experience.
6.1 Transfer of the Experience Agreement to another User
In the event that the User who has purchased an Experience, or a Participant who had an Experience purchased for them, is unable to take part in it for serious and exceptional reasons (hereinafter, the Transferrer), he / she will have the right to transfer his / her Experience Contract only and exclusively to another User (hereinafter, Transferee). The Transferrer must promptly notify the Organizer of his / her intention, via email directed to hello@kookooclimb.com, within the terms set out in paragraph 6 above. Upon such communication, the Organizer will be required to communicate to the Transferring User all costs and expenses related to the transfer of the Experience Contract and to which both the Transferring User and the Transferee User will be jointly and severally liable. The transfer of the Experience is not fulfilled until agreed to by the Organizer. Finally, It is the responsibility of the User to make sure that the Transferee is suitable for participating in the Experience (for example of appropriate age). A failure to do so may result in exclusion of the Transferee from the Experience without the ability to receive a refund.
Apart from the hypotheses provided for in this paragraph, it is understood that the User, or a Participant, is prohibited from transferring, reselling and / or making a profit in any other way from the Experience Agreement.
7. The Service
Through the Platform, KooKoo Climb allows all lovers of extreme sports who have taken part in the KooKoo Climb community to discover climbing destinations off the beaten track and to experience them with the locals.
KooKoo Climb collaborates with the tour operators listed above for this purpose. KooKoo Climb provides the platform service through which tourist activities are offered to the User. It is understood that KooKoo Climb makes the Platform available to the User for the sole purpose of informing and communicating the Users of the Experience organized and made available by Organizer which, therefore, remains the only part of the Experience Contract concluded with the traveling User.
In the case that User books the Experience for a Participant, the aforementioned and further text also include the Participant.
It is understood that KooKoo Climb and the Organizer care about the health and safety of their Users. Therefore, each Experience made available on the Platform is organized with the utmost respect for safety regulations. The same safety standards are also required of local instructors and experts in the sector in order to fully experience the climbing experience.
KooKoo Climb, therefore, is unrelated to the Experience Agreement and to any relationship established between the User, the Organizer and the managers and / or local managers of the Experience or part of it. Accordingly, KooKoo Climb declines all responsibility, to the maximum extent permitted by law, for damages and injuries of any kind and entity that may arise to one or more Users, or Participants, and their travel companions for any reason, whether connected or not to the use of the Experience. On such occasions, therefore, the User will have the right to refer only, as the case may be, to the Organizer and / or local managers.
8. Payments
Through the Platform, Users can learn about and possibly Book an Experience organized by the Organizer at the predetermined price. Therefore, the User does not have the ability to customize their Experience and determine the Price accordingly. It is understood that the KooKoo Climb displays the Price of each individual Experience on the Platform in a clear manner, always keeping it updated and indicating all the specifics of the trip (i.e. modes of transport, accommodation, meals, planned sports activities and so on).
After identifying the desired Experience, the User can add it to the desired products through the "Add to your Bag" option. Subsequently, the date on which the User intends to use the Experience must be indicated, checking the available dates, specifying the number of Participants as well as the total number of Participants for whom the price is intended to be paid. After providing this information, the User can proceed to check-out.
After proceeding with the immediate payment of the entire Price, the Experience purchase procedure ends and the User will receive a confirmation email from KooKoo Climb along with all the travel details. This communication consists of the Experience Contract provided to the User in order to keep a copy of it as indicated in paragraph 5.4.
The Price is indicated on the Platform in relation to each Experience and at the time of check-out during the purchase of the Experience. Should the Price undergo an unexpected change as communicated by the Organizer, KooKoo Climb will promptly notify the User no later than 20 days prior to the start of the Experience. In any case, the change in the Price may take place up to a maximum of 8% of the initial Price and only and exclusively if there has been a change in the price with regard to:
Information relating to accepted payment methods is made available during the purchase process.
Some payment methods may only be available under additional conditions or fees. In these cases, the relevant information can be found in the dedicated section of the Platform.
All payments are processed independently through third party services. Therefore, KooKoo Climb does not collect any payment information - such as credit card details - but receives a notification only after the payment is successfully completed.
For payment to be made by credit or debit card, the User may use the service offered by third parties through the Platform: it must connect, following the instructions on the Platform, to the secure circuit of Paypal or Stripe that guarantees the confidentiality of data and the security and efficiency of transactions. The User will insert the credit card data directly on the SSL server, created and guaranteed by Paypal or Stripe and managed directly by the same. In order to be able to access the service, the User must therefore accept the general conditions of contract prepared by Paypal (https://www.paypal.com/us/webapps/mpp/ua/legalhub-full) or Stripe (https://stripe.com/it-es/ssa). KooKoo Climb shall not be liable for any damages deriving to the User from the use of the service proposed by Paypal or Stripe.
KooKoo Climb is not responsible for billing the amounts paid by the User to the Organizer. The sending of the accounting and/or tax documentation, where necessary, will be carried out directly by the subject from time to time required by applicable law. KooKoo Climb is in no way obliged to verify the existence of the requirements, conditions and terms within which it is necessary to issue accounting and/or tax documentation, of any type and kind, to the User.
For the purpose of the production and forwarding of fiscal and accounting documentation (including receipts, discharges, invoices and any other equivalent document, however named) by the subject to this obligation, only and exclusively the data provided by the User at the time of registration or in any case those available in the User’s registry on the Platform will be used. The User undertakes to provide correct, valid and up-to-date information and guarantees that it has not provided and does not provide any incorrect or false information. In any case, KooKoo Climb shall under no circumstances be held liable for the incorrect or false, blameless, guilty or intentional information provided by the User. The latter undertake to indemnify and hold KooKoo Climb harmless from any damage and/or liability arising, directly or indirectly, from the use of data provided and revealed to be incorrect or false.
9. Fees, Licenses and Certifications
KooKoo Climb does not pay fees on behalf of Users. Users are solely responsible for any Taxes related to them and arising from any Contract entered into.
Depending on the circumstances, including the number of transactions conducted and the subject matter of the transaction, the law may require licenses or certifications. KooKoo Climb is not responsible for determining the cases in which it is necessary to be in possession of a license and/or certificate for the use of the Services or the Platform, for the organization, management and conduction of an Experience or for carrying out a transaction through the Platform.
10. Responsibilities of KooKoo Climb
10.1 Exclusion of guarantees
The User accepts that the use of the Platform and the Service offered by it is entirely at his/her own risk and responsibility. The Platform and the Service provided by it are provided on an “as is” and “as available” basis, without warranties and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly excluded to the fullest extent permitted by law, and to the same extent, KooKoo Climb disclaims all warranties for the safety, reliability, timeliness, accuracy and performance of the Platform.
To the maximum extent permitted by law, KooKoo Climb cannot be held liable for other services or goods received through or advertised on the Platform.
To the maximum extent permitted by law, KooKoo Climb cannot be held liable for the transmission of computer viruses or other harmful components in connection with the Platform or Service.
10.2 Limitation of liability
Under no circumstances may KooKoo Climb be held liable for damages to third parties or contracting parties resulting, directly or indirectly, from the use of the Platform or the Service, or resulting from any contract between the User and third parties. This exclusion of liability concerns, among others, direct, indirect, accidental, special, exemplary and consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury.
This limitation of liability shall extend to cases where KooKoo Climb is advised of the possibility of such damages.
The damages to which the limitation of liability refers may result from: the use or misuse of the Platform or the Service, the inability to use the Platform or the Service, or the interruption, suspension, modification, alteration, or termination of the Platform or the Service.
This limitation also applies in relation to damages suffered due to other services or products received through advertising or in connection with the Platform or the Service or any link on the Platform, as well as due to information or advice received through or advertised in connection with the Platform or the Service or any link on the Platform. These limitations apply to the maximum extent permitted by law.
11. Security and User Feedback
KooKoo Climb cares about the reliability of its Users and the success of the Experience as well as the transactions carried out through the Platform and makes every effort to ensure the best possible degree of transparency. However, KooKoo Climb is not required to verify the exact identity of its Users nor can it confirm the identity of each User.
12. Content published on or through the Platform
12.1 Content Coming from Users
All Content published on the Platform, transmitted through, or accessible via links from the Platform, is the sole responsibility of the User from whom such Content originates. The User is solely responsible for any Content posted, email or material otherwise made available through the Platform. The User is aware that KooKoo Climb does not control and is not responsible for Content made available through the Platform, and that by using the Platform, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading.
12.2 Links to other websites
The Platform, and the Services may contain links to third party websites or resources. KooKoo Climb is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by KooKoo Climb of such websites or resources or the Content, products or services available from such websites or resources. The User undertakes the sole responsibility for and assumes all risks arising from his/her use of such websites or resources or the Content, products or Services on or available from such websites or resources.
KooKoo Climb is also not responsible for the privacy policies or practices adopted on other websites. When a Platform User clicks on a link to another website or app, the User is responsible for reading the privacy policies of that website or app.
12.3 User Authorization
Without prejudice to the above, the Users authorize KooKoo Climb to use any photographic image and/or video recording that portrays them when taken in the context of an Experience, without prejudice to the right to revoke such authorization by written notice. The Users also irrevocably authorize KooKoo Climb to use all Contents and any part or element thereof, without any restriction whatsoever, throughout the world, in perpetuity and in any case for the duration of the legal protection as established in each country of the world.
By way of example, but not limited to, the above mentioned authorization also includes the right to use the Content as to:
× publish, disseminate, communicate to the public and make available to the public so that everyone can have access to them at the time and place chosen individually, in whole or in part, by any means and/or technology and in any way (including interactive), currently known and/or developed in the future, the Contents through the Platform;
× for the purposes of the above, reproduce and modify the Contents in any way or form in order to comply with the technological constraints imposed by the Platform’s operating methods;
× authorize other Users of the Platform to reproduce the Contents in order to display them on their terminals using the Services and the Platform.
The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Content in any form and manner.
12.4 User Declaration
The User declares to fully and legitimately dispose of all rights relating to the Contents (by way of example, but not limited to: copyright, image and/or personality rights in general, trademark and other rights, privacy rights, portrait rights, etc.) that he or she publishes on the Platform.
The User expressly declares that where he or she is not the full owner of the rights to the Content that he or she publishes, he or she has been expressly authorized to dispose of the Content by the third party owners of such rights and is therefore fully entitled to grant authorization to use the Content to the extent provided for in these Conditions.
The User agrees not to publish any Content if such Content and/or its use:
× is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing, or incites to commit crimes or is in any case illegal in Italy or in the place where the User uses the Services or the Platform or under other applicable laws;
× violates the rules on the processing of personal data or on the protection of trade secrets and confidential information;
× it presupposes that the User is in possession of authorizations, rights or requirements required by law which the User does not have;
× it violates patents, trademarks, copyrights or other rights of third parties;
× it contains computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Platform itself;
× it is in any way harmful to KooKoo Climb, the Users or third parties.
The User guarantees the good quality of the Contents it publishes and its suitability for the use for which they are intended.
13. Changes of the TU
KooKoo Climb reserves the right, at its sole discretion, to modify the Platform or Services, or to modify these Terms of Use by giving adequate notice at least 15 days in advance through the Platform. The "Last update date" at the bottom of these Conditions will also be updated. If after the communication of a future change and during the time prior to the actual application of the changes, the User continues to access or use the Platform or Services, the User will be deemed to have accepted these Conditions as amended. If the User deems such changes unacceptable, he may withdraw within the aforementioned period by stopping all use of the Platform and Services and notifying the e-mail address hello@kookooclimb.com.
14. Intellectual and industrial property rights
Without prejudice to the provisions contained in KooKoo Climb's Privacy Policy, any Content transmitted through the Platform by Users, whether by email or other means, for any reason whatsoever, shall be treated as non-confidential and not proprietary. In the event that Users own all rights to such communications or Content, they expressly grant KooKoo Climb and its designated licensors a non-exclusive, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, or use such material for any purpose, regardless of the form or medium (now known or currently unknown) in which it is used.
Please do not publish confidential or protected information on the Platform as intellectual or industrial property rights unless otherwise agreed in writing.
15. Complaints Management
If a User believes that the conduct of other Users is inappropriate, that his intellectual or industrial property rights have been violated, as well as his privacy, or that there are technical malfunctions of the Platform, the User himself, within 48 hours from the discovery of the violation, must immediately send a written communication to KooKoo Climb, to the e-mail address hello@kookooclimb.com.
To be effective, the notification must include:
- The handwritten or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- User data that were provided at the time of making booking, or at the time of providing information about the User and any/all Participants, in order to be able to correctly identify it;
- a detailed explanation of the malfunction or the violation and the reasons for which it is believed that this violation is inappropriate and / or detrimental to the rights of the User who is making the complaint;
- the User's personal data connected to the User Account of which it is believed that the violation and / or the unlawful conduct is committed;
- a statement in which the injured party declares that the information contained in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right, allegedly infringed.
With particular regard to complaints regarding issues of intellectual or industrial property infringement, the User will also be required to communicate in the complaint:
- Identification of Content protected by copyright or trademark law that is believed to have been infringed;
- Identification of the material believed to be the subject of illegal activity and information reasonably sufficient to allow us to locate the material;
- A statement in which the injured party has a good faith belief that the use of the material is not authorized by the copyright or trademark owner, the agent in charge or the law.
The User agrees that upon receipt of a notice of intellectual property infringement complaint against him, KooKoo Climb may immediately remove the materials identified on the Platform without any liability towards Users or third parties.
- Because the contract for your travel arrangements is between you and the Supplier, any queries or concerns relating to the travel arrangements should be addressed directly to them.
- If you have a problem whilst on holiday, this must be reported to the Supplier or their local agent, and KooKoo Climb, immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
- If you wish to complain when you return home, please write to the Supplier, and to KooKoo Climb to assist with and overview the process. We will provide you with their contact information on request or we will be happy to forward your correspondence to them.
- If the matter cannot be resolved, and it involves us or another ABTA Member, then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
16. Indemnity
The User agrees to release, defend, indemnify and hold KooKoo Climb and its affiliates and subsidiaries, and their officers, directors, employees and agents not liable from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way related to:
× the access or use of the Platform, the Services or the Content by them or the violation of these Terms of Use by the Users themselves;
× the Content processed, transmitted, copied, sent, made available by the Users themselves;
× any of the following actions performed by the Users themselves:
o the interaction with any User;
o the request for a Service;
KooKoo Climb reserves the right, at its sole discretion, to organize the defense with a defender of its own choice, against all legal claims, lawsuits or other causes of action requiring financial compensation made by the User, without the User having any objection.
In addition, at the time of the conclusion of the Experience Contract, the User, by accepting the Liability Waiver, specifically hold harmless the Organizer and KooKoo Climb from damages, direct and indirect, physical and / or psychological, which may derive from the Experience.
17. Relationship between the Parties
KooKoo Climb, Organizer and the Users are independent parties, each of which acts in its name and for its own purposes. These Terms of Use do not create any bond of subordination, agency, representation, association, intermediation, partnership, employment or franchising relationship between KooKoo Climb and any User of the Site.
None of the clauses contained in the Terms of Use, or in the policies of KooKoo Climb, or any other material, can be considered intended to constitute, create, give effect or otherwise recognize a company, an agency, a joint venture or an entity of formal business of any kind, or to create a relationship of trust between the parties.
The rights and obligations of the parties must be limited to those expressly indicated in this document.
18. Applicable law and place of jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom.
All disputes regarding the validity, interpretation or execution of these Terms of Use shall be submitted to the exclusive jurisdiction of the Glasgow Sheriff Court and Justice of the Peace Court.
19. Additional Terms
KooKoo Climb is not responsible for the relationships created between Users.
The sections of the clauses of the Terms of Use have a descriptive function and do not affect their interpretation;
The User accepts that the rights and obligations contained in these Terms of Use, as well as any other documents that are incorporated into them by reference may be freely and lawfully transferred by KooKoo Climb to third parties in the event of a merger or acquisition, or other event;
In any case, through the Platform, the Users undertake to comply with all national and international laws and regulations currently in force for the use of KooKoo Climb’s Services in relation to the activities carried out on the Platform by the Users themselves. No derogation to the present Terms of Use will be granted, without the written authorization obtained and a new contract signed between KooKoo Climb and the User;
All communications to the Users’ attention will be sent to the email address provided at the time of registration on the Platform. Messages and notifications are considered received 24 hours after the email has been sent, unless a notification has been received indicating that the email address is invalid or not working.
Last Update: 24/5/2023
Kookoo Climb Support
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