1. Supplier of FREEONTOUR
Welcome to FREEONTOUR, a service for leisure information on caravaning, destinations, tour planning using points of interest, interactive camping and parking guides as well as social networking and entertainment.
We are the suppliers of FREEONTOUR:
Caravaning Customer Connect GmbH,
Holzstraße 19,
88339 Bad Waldsee, Germany (cf. also our imprint).
2. Scope of Application of these Terms of Use
2.1 These terms of use apply to all FREEONTOUR services of Caravaning Customer Connect GmbH (hereinafter referred to as “We”) provided to our users (hereinafter referred to as You”), namely
- Provision of the internet portal FREEONTOUR.com (see Item 7 and 8 below) and
- the FREEONTOUR customer card (see Item 9 below).
2.2 Via the internet portal FREEONTOUR you can also use services by other providers, such as travel, goods or online services by FREEONTOUR cooperation partners. We are not responsible for services by other providers; the agreements and terms you concluded with the respective other provider will apply exclusively.
The same will apply where you use FREEONTOUR services by other internet services via our internet portal, in particular the interactive map Google Maps API. The terms of use of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, https://www.google.com/intl/us_us/help/terms_maps/ will apply exclusively.
For details go to the Data Protection Center of google.de: Transparency and options as well as data protection regulations at https://policies.google.com/privacy?hl=en&gl=de.
3. Conclusion of the Contract
3.1 By registering for free at the internet portal FREEONTOUR you conclude a contract with us on the use of the services stipulated therein (for details see Item 7 and 8 below).
3.2 We provide the additional services of the FREEONTOUR customer card (see Item 9 below) if you filled out an additional application for the FREEONTOUR customer card at the internet portal and received it from us.
The prerequisite for your online application for your FREEONTOUR customer card is registration on the internet portal FREEONTOUR; if you are not registered, the online application for the FREEONTOUR customer card automatically includes your registration on the internet portal FREEONTOUR.
3.3 You do not have any legal claim against us to the use of our services, neither with regard to the internet portal FREEONTOUR nor to the FREEONTOUR customer card. We reserve the right to reject registrations for the internet portal FREEONTOUR and applications for the FREEONTOUR customer card without stating reasons.
3.4 In order to use our services as a registered user of the internet portal FREEONTOUR and the FREEONTOUR customer card, you must be an adult and have full legal capacity. Minors are prohibited from registering at the FREEONTOUR internet portal and applying for the FREEONTOUR customer card.
3.5 Your information must be complete and true when registering at the FREEONTOUR internet portal and applying for the FREEONTOUR customer card.
4. Change of Terms of Use
We reserve the right to amend these terms of use to take effect also within the existing contractual relations. We will inform you about such amendments at least 30 calendar days before enforcement. We will send this information to the e-mail address under which you are currently registered at the FREEONTOUR internet portal. If you fail to object within 30 days after receipt of the notice and continue to use FREEONTOUR services even after lapse of the deadline for objection, the amendments will be regarded as effectively agreed on as from the lapse of the deadline. In the case of your objection the contract will initially be continued under the previous terms; however, in such a case you must anticipate termination by us by the deadline (see Item 6 below).
We inform you in the amendment notification of your right of objection and associated consequences.
5. Data Protection, Update of Data, Security and Responsibility for Your Access Data
5.1 Our quality standards include handling your personal data responsibly. Your personal data entrusted to us by you are accordingly processed by us exclusively subject to the proviso or our FREEONTOUR- data protection statement.
5.2.1 When registering at the FREEONTOUR internet portal you are requested to provide your username and password. You can log on to the portal with these data after your access has been activated. You are responsible for ensuring that the username does not infringe third party rights, in particular, name and brand rights and does not violate ethical standards.
5.2.2 You are to keep the access data, including the password, secret and not to make it accessible to unauthorized third parties.
You will be responsible for ensuring that your access to the portal and use of the services available on the portal is exclusively by you/the parties authorised by you. Where there is a risk that unauthorised third parties may have obtained or may obtain your access data you must inform us at once.
You will be liable for any use and/or other activity under your access data in accordance with the statutory terms.
5.3 You are obligated to keep your data (including contact data and your registered e-mail address) up-to-date. Any changes to the specified data are to be corrected at once at the portal under your personal settings. Should you be unable to do so, please inform us of the changed data immediately via e-mail or fax.
6. Term of the Contract and Termination
6.1 Your contract with us for the use of FREEONTOUR services is for an indefinite period.
6.2 You may terminate your contract with us on the use of FREEONTOUR services at any time without stating reasons per e-mail to service@freeontour.com.
6.2.1 Termination of your registration on the FREEONTOUR internet portal automatically entails termination of the FREEONTOUR customer card (see Item 9 below).
6.2.2 You can terminate the FREEONTOUR customer card and still maintain your registration on the internet portal. Where applicable, please note this on your notice of termination.
6.3 We have the right to terminate our contract with you for FREEONTOUR services within a notice period of 30 days prior to the end of a calendar month per e-mail to the e-mail address you currently registered on the FREEONTOUR internet portal.
6.4 The right to termination without notice on a relevant ground will remain unaffected. We have the right to termination without notice in particular if you provided false information upon registration or otherwise gravely breached the present terms of use.
6.5 After termination of the contract for the services of the FREEONTOUR internet portal you may no longer use the portal with your user profile. We reserve the right to block your username and password. The personal data will be deleted upon termination with the exception of information necessary for legal transactions which were already initiated prior to termination such as the name of the author for the publication of a tour.
6.6 If you
a) have not registered with your user profile at the FREEONTOUR internet portal and
b) did not use your customer card either for more than one year,
notify you per e-mail to the e-mail address under which you are currently registered at the FREEONTOUR internet portal prior to the deletion. You may object to the deletion within 4 weeks after receiving our e-mails. Where there is no objection, your user profile will be deleted with the automatic consequence of the termination of the FREEONTOUR customer card.
7. Use of the FREEONTOUR Internet Portal
7.1 Offer and Availability of Services
7.1.1 We provide diverse information and other services to you on the FREEONTOUR internet portal for temporary use. Such services may be making data, articles, visual and audio documents, information and other content (hereinafter collectively referred to as “Content “) accessible, in addition the possibility of creating individual user profiles and contacting other users.
The content and extent of our services is based on the functions available at the FREEONTOUR internet portal.
7.1.2 We provide you with our services at the FREEONTOUR internet portal within the scope of our technical and operational capabilities at the interface of our router for retrieval by your web browser. We make every effort in his context to provide continuous use of the services but cannot rule out interruptions or temporary impairment, e.g. due to technical trouble (such as interruption of power supply), hardware or software defects, technical problems on the data lines, systems failure or maintenance work.
7.2 Change of Services
We have the right to change or discontinue services on the FREEONTOUR internet portal at any time. We also reserve the right to provide new services free of charge or for a fee. We will take your legitimate interests into consideration in this context.
7.3 Protection of Content, Responsibility for Third Party Content
7.3.1 The content on FREEONTOUR internet portal is protected by copyright or other intellectual property rights and are our property or the property of other users or third parties who provide the respective content. The compilation of the content per se is protected as a database or database work as set out under §§ 4 Sect. (2), 87a Sect. (1) Copyright Act. You may only use this content within the scope of these terms of use as well as within the framework stipulated on the portal.
7.3.2 FREEONTOUR is a registered trademark and may not be copied, reproduced or used wholly or partially in a way which favours confusion of identity without our prior written consent.
Protected trademarks and names, images and texts are not normally not labelled as such on the sites. The lack of such a label, however, does not imply that it is a free name, im-age, videoclip or free text as defined by name, trademark or copyright law.
7.3.3 The content on the FREEONTOUR internet portal is partially from us and partially from other users or other third parties such as members of the community, customers, municipalities, advertising and cooperation partners. The content of other users as well as other third parties is collectively referred to as “Third Party Content”. Responsibility for third party content lies exclusively with the user, author or partner who produces and has published the content. We do not inspect third party content with regard to completeness, accuracy and legality and therefore we are not assuming any responsibility or guarantee for the accuracy, legality or update of third party content. This will also apply with regard to the quality of the third party content and its suitability for a specific purpose and also where the third party content is on linked external websites.
If we become aware of third party content which does not comply with the terms of use or is illegal we reserve the right to all legal measures against the third party. However, you cannot assert a claim against us to take action against the third party.
The same will apply for profiles which other users created on the FREEONTOUR inter-net portal. We do not guarantee that every profile offeror is actually the person the re-spective owner of the profile claims to be.
7.3.4 Of course, the internet platform FREEONTOUR may be specified within the scope of editing reports. However, where screenshots or text excerpts are used as image or textual quotes, they need to be labelled according. Graphic changes are not permitted. We will provide corresponding material for publications. The content and comments may only be used for information purposes and not be used commercially. Every copy (this also ap-plies to excerpts) needs to have a copyright proof.
7.4 Use of the FREEONTOUR internet portals by You
7.4.1 After registration at the FREEONTOUR internet portal, you have the right to use the ser-vices and content on the portal in accordance with the present terms of use. Your right of use is non-assignable. Other rights of use, e.g. to content on the portal have not been granted to you.
7.4.2 You are responsible for creating the necessary technical conditions for use of our services, e.g. through suitable hardware/software (in particular, browser).
7.4.3 Use of the FREEONTOUR internet portals is exclusively for the following private, commercial or communal purposes:
- Uploading of private content in accordance with the present terms of use and use of the FREEONTOUR services for private web sites.
- Uploading of content in accordance with the present terms of use such as tours, ratings, comments, images, tips and use of the FREEONTOUR services for presentation of the FREEONTOUR content on commercial websites, such as camping ground providers and other businesses or on communal, public and non-profit websites such as those of tourism associations.
- Separate contractual terms apply to commercial use going beyond exclusive use of FREEONTOUR services, e.g. for uploading advertising, offers, appointments as well as other commercial or communal content. In such cases, separate regulations with us are necessary.
7.5 Your Personal Responsibility When Using FREEONTOUR Content
7.5.1 We make every effort to keep our services up-to-date and accurate at all times and to offer the full range of service. Notwithstanding our efforts, errors cannot be ruled out.
In particular, walking and driving tours by FREEONTOUR are at your own risk. We do not assume liability for the accuracy of tour information, descriptions, maps, GPS tracks, nav-igation, weather information, information on objective risks such as e.g. risk potential re-garding avalanche risks, etc.
7.5.2 Everyone moving in the outdoor area is exposed to specific risks and is personally responsible for assessing these correctly. It is necessary in particular
- to accurately assess one’s personal performance capability
- to assume responsibility for orientation and navigation
- to observe regulations, bans on walking and driving, time limits, nature preservation and statutory provisions
- to inform oneself regarding objective risks and assessing them oneself, e.g. avalanche risk
- to independently check information such as opening hours of institutions, walkability, current conditions.
- to independently obtain information current conditions such as weather, snow situation.
8. Uploading of Personal Content on the FREEONTOUR internet portal by You
8.1 Content by Users
8.1.1 FREEONTOUR internet portal is a platform on which content by users is presented along-side editing content by us and by regional institutions and partners. FREEONTOUR is based on the principle of networked information. Through the combination of users with editing and official data, professional and current knowledge is to be presented intelligently and transparently and is to continually improve and be expanded (wiki-principle).
8.1.2 The published user content on the internet portal is to have a high quality, enabling users to profit directly from this information. For example, tours are to be described accurately and completely in order to make it possible to take these tours without further help.
8.1.3 We make every effort to comply with these rules, keep the content at a high standard and to guarantee freedom of expression.
8.1.4 You can upload the following content as users:
Users upload their own profile data.
- Users participate in the community, make contacts, discuss in forums, receive and send messages, create groups and participate in groups, upload events and participate in events.
- Users upload their own editorial content, e.g. tours, images and interesting points and can use it independently in private and may opt to publish it.
- Users add-on to existing content, e.g. by adding-on images.
- Users rate content on the basis of quality, relevance and use.
- Users comment on content according to quality, update and use.
- Users report errors.
- Users upload the latest reports, e.g. current road conditions, snow situation.
- All users registered according to these terms of use have the possibility of participating in the community, of publishing their own content and of evaluating other content on the portal and commenting, observing the present terms of use.
8.1.5 Illegal content includes in particular:
- Content which infringes third party rights,
- Racist, xenophobic, violent, subversive, pornographic, insulting and immoral content,
- Content which could incite others to commit crimes or other immoral acts,
- Content impairing or endangering the development or education of children or adolescents or violating human dignity,
- Insults, threats, slander, defamation, lies, false information on other users or providers,
- Content which presents security risks such as viruses,
- Content which constitutes chain letters, unsolicited bulk mail, spam, contests, free giveaways or which is an invitation to participate in such,
- Copied content/content to which the users themselves do not have any rights or which infringe the rights of third parties,
- Links on websites which breach applicable law with e.g. content that is harmful to minors or otherwise illegal,
- Private data such as telephone number, e-mail address, etc. outside of the profile,
- Illegal advertising for oneself going beyond presentation of the profile. Advertising is only permitted on the FREEONTOUR internet portal site to commercial providers in accordance with separate terms.
8.1.6 We reserve the right to weight user content and to control the display of ads on this basis. The weighting will include the quality and completeness of content and user ratings.
8.1.7 You are entitled by law to publication of content.
8.1.8 The following applies to ratings and comments:
- All ratings and comments need to have a real reference to the item being rated and must be truthful.
- All ratings and comments must be objective and precise.
- Negative ratings and comments are permitted, but must be backed up objectively.
- Offerors and companies may not rate themselves/comment or have others make a rating or comment for them. Offerors and companies may only present themselves within the scope of the terms of use.
- Overt and covert advertising is not permitted in ratings and comments.
- Information not based on one’s own experience, hearsay and unconfirmed statements by third parties are not permitted.
- We are not obligated to check the users’ postings for accuracy, completeness and legality.
- However, you will be liable if the postings published by you breach statutory regulations, third party rights, official bans or public morals.
- If you culpably breach these terms of use you will be obligated to compensate us for all damage thereby incurred including costs of legal defence and of indemnifying us against third party claims.
8.2 Granting of Rights of Use
To the extent that it is available as a function on the portal you may upload content and make it available to third parties, observing the following rules.
8.2.1 For copyrighted or otherwise protected content, in particular, texts, ratings, comments, notifications, files, images, videos, tour geometries you produce, upload or publish on FREEONTOUR you grant us free of charge the unlimited, assignable, non-exclusive right not limited in time or geographically to publish the content in any way on the FREEONTOUR internet portal and provide it for use. The right of use also comprises publication and use elsewhere outside of the portal, among others in URLs, in other media forms such as RSS feeds, mobile radio, television, press and search engine entries.
8.2.2 Moreover, you concede us the right to edit, translate, make additions to and abbreviate the content, observing the author’s moral rights, as well as the revision/ supplementation of the content for other users in accordance with the present terms of use.
8.2.3 Our right of use of the content will terminate when you remove the content from the portal, with the exception of such instances of use which started before the removal such as use in printed work or in places to which we do not have any direct access such as links to external sites or where another user already stored or published your content within or outside of the portal. The filing and storage of backup copies continues to be permitted after removal of the content by the user.
8.2.4 Content revised or supplemented by us or according to the wiki principle by other users, or comments, ratings or discussion posts and supplementary content on other posts can no longer be deleted.
8.2.5 Upon publication of your content you guarantee that you are the sole owner of all rights thereto but also have the right (e.g. through a valid permit by the owner of the right) to post content on the portal elsewhere and to concede us the rights of use and exploitation pursuant to these terms of use (see Item 8.2.1 - 8.2.4) above.
You are fully responsible for the content posted by you. We do not check the content with regard to completeness, accuracy, legality, relevance, quality and suitability for a specific purpose.
You indemnify us against legitimate third-party claims made against us or our legal representatives or vicarious agents on grounds of unauthorised use of content. You will also assume legal defence fees incurred from the publication of your illegal content incurred to us and our legal representatives and vicarious agents in court and out-of-court litigation.
8.2.6 We reserve the right to edit, block or remove the posting of content and/or content already posted (including private messages) without prior notice where uploading of the content by you or the content that has been uploaded has entailed a breach of the present terms of use (in particular Item 8) or there are clear indications that there will be a severe breaches. However, we will take your legitimate interests into account in this case and select the mildest means of defence against the breach.
8.3 Blocking of Access/User Profiles
8.3.1 We reserve the right to temporarily or permanently block your access to the FREEONTOUR internet portal if there are clear indications that you are breaching/have breached the present terms of use and/or applicable law or if we otherwise have a legitimate interest in blocking. We will adequately take your legitimate interests into account when deciding on the blocking.
8.3.2 In the case of temporary/permanent blocking, we will block your access authorisation to the FREEONTOUR internet portal and notify you via your registered current e-mail address.
8.3.3 In the case of temporary blocking we will reactivate your access authorisation after the blocking period and notify you per e-mail. A permanently blocked access authorisation cannot be restored. Persons who have been blocked permanently are excluded from participation in the portal permanently and may not register again on the FREEONTOUR internet portal.
9. FREEONTOUR Customer Card - currently only available in Germany, Austria, Switzerland and the Netherlands
9.1 Participation in the FREEONTOUR Customer Cards Programs
9.1.1 Every owner of a vehicle of the brands of the ERWIN HYMER GROUP - living in one of the above mentioned countries - is entitled to participate in the FREEONTOUR customer card program after registration at the FREEONTOUR internet portal.
9.1.2 As the owner of a FREEONTOUR customer card you have the right to allow use of it to all family members (particularly children and parents) and to all other persons living with you in your household for using the services within the scope of the bonus system. It is not necessary for the card owner and the person presenting the card to have the same name as the one printed on the card in order to be accepted and to receive the bonus.
9.1.3 If the FREEONTOUR customer card is damaged or lost, you can request a replacement card from us.
9.1.4 The date as from which you are entitled to use the services of the FREEONTOUR customer card is equivalent to the date of your application.
9.2 Duration of Use and Termination of Card Use
9.2.1 You may give notice of termination at any time without stating reasons (see above Item 6). Your termination of the FREEONTOUR customer card will take effect within a notice period of 6 weeks, termination of the FREEONTOUR internet portals (see Item 6 above) will remain unaffected.
9.2.2 We can terminate use of the FREEONTOUR customer card program on a relevant ground. The authorisation for use ends in such a case with the receipt of a written notice of termination There is a relevant ground in particular where you breached cardinal terms of the present user ordinance to a significant degree of severity.
9.2.3 When the termination takes effect you will no longer have the right to use the FREEONTOUR customer card. The right to use the other benefits of the bonus system will terminate simultaneously.
9.3 Bonus Account / Bonus
9.3.1 The partner companies participating in the bonus system of the FREEONTOUR customer card program grant bonuses when purchasing goods and/or services. Partner companies can exclude specific payment modes (e.g. credit card, instalment payments, etc.) from the granting of the bonus.
9.3.2 To the extent that partner companies grant immediate discount there is no entitlement to an additional subsequent bonus. Beyond this, the partner companies can exclude product ranges, promotional goods or special offers from the bonification.
9.3.3 The current status at the time of conclusion of the purchase and/or service contract, which can be found on the internet at www.freeontour.com , will apply to calculation of the bonus.
9.3.4 In order to calculate the bonuses and allocate them to your bonus account, the turnover earned by the affiliated partner companies is calculated using the FREEONTOUR customer card and relayed to us electronically at specific intervals for processing. The prerequisite for recording of turnover by the partner company is presentation of the FREEONTOUR-customer card before the payment and cash procedure, before booking of a trip or placement of an order. Subsequent granting of a bonus is excluded.
9.3.5 When rescinding a purchase for which a bonus was credited, any bonus credit will be cancelled. This will also apply where a credit was acquired through abuse of the FREEONTOUR customer card or the credit is based on a faulty entry by the personnel of the partner company. Bonuses which have already been paid-out must be repaid by you to us immediately upon request. In such cases we may also opt to a set off with a credit on the bonus account.
9.4 Dues / Bonus Payments
9.4.1 The FREEONTOUR customer card and corresponding rights are free for you.
9.4.2 Except in the case of immediate discounts, the bonus will be paid-out via a cash back system. The entered bonuses will be paid-out automatically on an annual basis. All bonuses which are entered on the bonus account at the time of pay-out will be paid out.
9.4.3 The pay-out of the credit on the bonus account will be effected via credit transfer. Your account data will be requested after the first membership year. Cash payment is excluded. Where the account is not known, no pay-out can be effected. After expiry of the pay-out claim, this amount will also expire.
The duty to pay bonuses will only arise where the partner companies have satisfied their payment duties toward us and the corresponding amounts have been received on the accounts (suspensory condition). This will also apply in the case of partner company insolvency.
Set-offs against claims by us are only permitted with counterclaims that are uncontested or res judicata.
9.4.4 Upon termination of the FREEONTOUR customer card (e.g. through termination) the bonus credit will be paid-out at the end of the calendar year where 1.00 Euro has been exceeded. Where there has been cause for termination on a relevant ground due to culpable behaviour, we will have the right to set off any existing credits with damage compensation claims.
9.4.5 If you illegally continue to use the FREEONTOUR customer card after the end of the permitted participation in the bonus system, all bonuses accrued on your purchases will not be paid out to you after termination of the permitted participation and will expire.
9.5 Changes of the Bonus System
We reserve the right to make additions to the bonus system and/or otherwise change it, observing an adequate period, where there is a relevant ground, even without observing such a period and taking your interests into account. The announcement of such a change is via the internet platform and/or in any other way.
10. Liability
We will only be liable for breaches of duty in the case of wilful or gross negligent fault. Damage compensation claims from injury to life, limb or health will remain unaffected. Statutory liability for cardinal rights and duties will also remain unaffected. Cardinal duties are all duties which concern provision of the FREEONTOUR internet portals and FREEONTOUR customer card. However, damage compensation claims due to the infringement of cardinal contractual duties are limited to typical, foreseeable damage.
Damage compensation claims against us will expire within one year after Dec. 31 of the year in which the claim was incurred. For any damage compensation claims due to injury to life, limb or health or freedom, in the case of claims pursuant to the Product Liability Act, in the case of gross negligent breach of duty or culpable breach of a cardinal contractual duty the statutory expiry periods shall apply.
11. Final Provisions
11.1 Amendments of and addenda to the present user terms will be made exclusively by our Manager or authorized signatory (Management) registered as authorized to represent the company in the Commercial Register. Verbal agreements and statements by other persons not authorised by the Management shall only be effective if confirmed beforehand in writing by the Management.
11.2 The present terms of use and all FREEONTOUR services are subject to the laws of the Federal Republic of Germany excluding the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG).
Status: 6/11/2018