Gimifun Terms and Conditions
The platform is run by Gimifun, domiciled in The Netherlands under Chamber of Commerce #77343506. You can contact us via firstname.lastname@example.org.
These terms apply to the use of the Gimifun platform, including the website, associated websites, social media, software and apps. Purely as an intermediary, Gimifun provides visitors and Suppliers of activities a platform to connect. Gimifun only refers visitors to Suppliers. Visitors can search for activities after which a contractual offer can be made to the Suppliers (booking or booking request). This offer will stand for 5 days.
Contracts for activities shall be directly concluded between the visitors and the Suppliers. Gimifun is not a party in contracts between Visitors and Suppliers. Gimifun is also not a contract party in the activities offered on this platform. Visitors are always bound to the specific terms of the Supplier when booking and partaking in an activity. Suppliers always have the right to exclude Visitors from partaking in an activity when their terms are not met. Gimifun will in no way mediate or arbitrate, or be a party to disputes between Visitors and Suppliers. Gimifun does not guarantee any level of performance from the Suppliers.
The information on the platform is for informational purposes only and does not constitute an offer binding to Gimifun. To book an activity, you can book through third party reservation software or initiate a booking request.
All prices on this platform are quoted including VAT and other taxes. Payment and software fees will be visible in the booking process. Local taxes such as tourist tax may be charged on location. Gimifun does not guarantee the accuracy of these prices.
Visitors shall exempt Gimifun from third-party claims based on the use of the platform. Gimifun can suspend its activities at any point in time.
Gimifun makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
If Gimifun has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
Without explicit agreement or an assurance of this kind, Gimifun is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the activity provided, concerning the services provided.
Any liability of Gimifun due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
The liability of Gimifun for contractual claims of the user is limited to two-times the price of the activity procured, except for:
any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose
liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by Gimifun.
liability of Gimifun for other damage incurred by the user due to a grossly-negligent breach of duty by Gimifun or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of Gimifun.
For ordinary negligence, Gimifun is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
Visitors can cancel their registration on Gimifun at any time by deleting their user account. Gimifun can delete a user account unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.
Visitors have the opportunity to have personal influence on the content of the platform by writing activity reviews in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does Gimifun make user content its own, it merely provides a Platform.
Gimifun can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.
Gimifun can remove or report user content where necessary and at its own discretion. For example, Gimifun can remove user content. Gimifun is not obliged to store copies of user content or provide copies thereof. Gimifun does not guarantee the confidentiality of user content.
Gimifun and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.
Visitors shall fully indemnify Gimifun and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against Gimifun concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on the platform. This does not apply if Gimifun is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide Gimifun with all the information necessary to verify the claims and defend them.
Gimifun collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Gimifun between the user and Gimifun.
If Gimifun is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility.
These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
Gimifun makes a best effort to ensure the accuracy of the information on the platform.
Gimifun does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties).
Gimifun has sole discretion to add, edit or remove information and platform functions, without informing users of such changes. Gimifun may block visitors from accessing the platform. Gimifun does not provide any warranties on availability of the platform or its functions, that the platform is free of defects and mistakes or is free from viruses, malware or any other harmful software. Gimifun does not guarantee that the information or functions on this platform have not been altered by malicious third parties.
Gimifun excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the platform, or to any errors or omissions, or the results obtained from the use, of the platform, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
Gimifun does not assume any responsibility for third party content (including information on activities available for booking requests, and for content linked to the Website or which are linked to from it or referred to. Gimifun does not endorse or recommend this content and does not have any liability relating to it. Use the links on this platform at your own risk. Gimifun bears no responsibility for the use of third party reservation systems, booking systems, booking widgets and payment systems. You can always contact us in case you find malicious information or links on the platform.
The platform is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the platform, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the platform. You may access and view the platform, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
The laws of The Netherlands shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law.