Terms & conditions

Introduction and scope of the Hang-Out Service

We are Hang-Out Ltd of 71-75 Shelton Street, London, England, WC2H 9JQ (‘We’, ‘us, ‘our’ or ‘Hang-Out Ltd’). We provide a booking facilitation platform (the ‘Platform’) for the booking of tours and tourist services (‘Tourist Services’) in the form of an online offer via the internet and apps. The offers are placed online by a range of suppliers around the world (“Suppliers”) with whom the respective contracts for Tourist Services are concluded with consumers of those services (‘Users’).The Suppliers’ services can be accessed via the Platform and bookings can be made by Users. Contracts are facilitated between Users and Suppliers using the Platform.

Contracts for Tourist Services are concluded directly between Users Suppliers of Tourist Services. When facilitating a booking we will arrange for you to enter into a contract with the applicable Supplier(s). Users’ contracts with us are subject to these Terms and Conditions and the specific booking conditions of the relevant Supplier(s) Users contract with and Users are advised to read both carefully prior to booking. The Supplier’s terms and conditions may limit and/or exclude the Supplier's liability to you. Copies of applicable conditions are available on request from us or the supplier concerned. Hang-Out Ltd does not appear itself as the organiser, lessor, seller or other contract partner with regards to the Tourist Service agreement with the User. The Platform does not make available ‘packages’ as definied in any legislation dervived from DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

Hang-Out Ltd may also provide the Platform to certain cooperating partners who we may authorise to use it for the booking of Suppliers’ tourist services. The use of this Platform by such partners requires a separate contractual agreement and is not permitted without the prior written authorisation of Hang-Out Ltd. If Users book services via a third party, such User shll have a contract directly with the Supplier, via that third party and not Hang-Out Ltd.

We are an English registered company and so these terms are governed by English law and the courts of England and Wales have jurisdiction over any dispute (unless at the time you make a booking, your normal place of residence is in another country, in which case you can bring proceedings in your local court under your local law, as applicable.)

Terms of Website and App Use

The following terms apply to the use of the Hang-Out Ltd Apps Hangout on Holiday & Hangout Ski and the websites www.hangoutonholiday.com and www.hangoutski.com (together the ‘Platform’):

Hang-Out Ltd hereby grants to Users and Suppliers (together, ‘You’) a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Platform according to these Terms of Use and provided that You are and will always be in compliance with these Terms of Use. You may (i) only use the Platform in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the Platform and make such number of backup copies of the Platform as may be necessary for their lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Platform in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the Platform or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Platform nor attempt to do any such things.

Hang-Out Ltd may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website or app as applicable. Hang-Out Ltd expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Platform following such amendments means you consent to the amendment.

The costs for the technical access to the Hang-Out Ltd Platform (e.g. internet access) are to be borne by the You.

Hang-Out Ltd can redesign, reduce or suspend the Platform at any time, at its discretion. Existing agreements of the User with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

You shall keep registration data (user login and password) secret and not allow third parties access to Platform using his/her registration data. You shall be accountable for all use of Your account on the Platform.

You shall indemnify Hang-Out Ltd from third-party claims based on Your use of the Hang-Out Ltd Platform, unless they are the fault of Hang-Out Ltd.

Review Content

Users have the opportunity to have personal influence on the content of Hang-Out Ltd Platform by writing travel reports in the form of reviews, 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 Hang-Out Ltd make user content its own, it merely provides a Platform.

Hang-Out Ltd can use the user content in various ways. This includes displaying it on its websites or apps, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.

Hang-Out Ltd can remove or report user content where necessary and at its own discretion. For example, Hang-Out Ltd can remove user content if it violates the Hang-Out Ltd principles for content, in the opinion of Hang-Out Ltd. Hang-Out Ltd is not obliged to store copies of user content or provide copies thereof. Hang-Out Ltd does not guarantee the confidentiality of user content.

Hang-Out Ltd and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website, apps 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.

Users shall fully indemnify Hang-Out Ltd and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defence) at first request, which these third parties assert against Hang-Out Ltd concerning the user content provided by the User. This also applies if the contested content can no longer be accessed on Hang-Out Ltd Platform. This does not apply if Hang-Out Ltd is responsible for the legal violation. In the event of recourse by third parties, Users have to immediately, truthfully and completely provide Hang-Out Ltd with all the information necessary to verify the claims and defend them.

Registration

The use of Hang-Out Ltd Platform’s offer can generally be done anonymously.

Certain types of use of Hang-Out Ltd Platform, such as the making of bookings, require registration. During registration, the User sends an electronic registration form and consents to the General Terms and Conditions. The registration with Hang-Out Ltd is only concluded once a confirmation is sent to the e-mail address specified by the User. Natural individuals must be over the age of 18 in order to register.

The User has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.

The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.

Conclusion of contract between the User and the Supplier

Once the user has entered his/her desired service on the Hang-Out Ltd Platform (e.g. travel destination, type of tour, start time, number of participants & price options), Hang-Out Ltd shall show the User the information about the Suppliers’ services (“service information“).

Based on this information, the User can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred User.

This happens, after the selection and transfer to the booking confirmation page, by clicking on the button “book’.

Hang-Out Ltd shall notify the User of the booking conditions of the Supplier for their contractual relationship with the user and for their services. They are availablew on request from us or the Supplier concerned. The User is responsible for meeting and complying with these conditions.

The Supplier reserves the right to not allow the User to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.

Hang-Out Ltd shall provide the User with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. Hang-Out Ltd is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.

Hang-Out Ltd shall facilitate the User’s receipt of any tickets or vouchers for the use of a Supplier’s service according to the applicable conditions.

Hang-Out Ltd assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which Hang-Out Ltd cannot check in detail.

Payments via the Platform

The contract concluded between the Supplier and the User shall set out the fees to be paid by the User for the Tourist Services of the Supplier.

Hang-Out Ltd is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier. Hang-Out Ltd can demand payment in the currency detailed on the booking user and the payment will be converted based on the current exchange rate at the time the contract is concluded. Hang-Out Ltd can charge the User a suitable conversion charge for this.

Disputes and queries about payment shall be made directly between the Supplier and the User.

To use the payment functions of Hang-Out Ltd, the user has to register. The User has to enter correct payment information and update the details immediately in the event of changes. Hang-Out Ltd can reject the payment method specified by the User. The User will be notified of the payment methods permitted for the respective service during the order process.

Upon the authorisation of the payment, the User consents to his/her payment information being used for the collection of payments by the Supplier. Hang-Out Ltd reserves the right to make the use of the payment function of Hang-Out Ltd dependent on a check of the credit rating of the User.

Pricing and descriptive information

All prices on Hang-Out Ltd are quoted per person and include VAT and all other taxes. Local taxes may be charged locally.

The prices specified by Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check the Supplier’s terms as to such matters.

Important note: the information and prices shown on the Platform may have changed by the time a User comes to book Tourist Services. Although we make every effort to ensure the accuracy of information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with the applicable Supplier at the time of booking. Hang-Out Ltd makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).

Changes and Cancellations to Tourist Services by Users

Any cancellation or amendment request in relation to confirmed Tourist Services must be made directly with the applicable Supplier. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements.

Liability of Hang-Out Ltd

Except where otherwise specified, we Hang-Out Ltd act only as a booking facilitator in respect of all services provided via the Platform. We accept no liability in relation to any contract you enter into or for any Tourist Services or for the acts or omissions of any Supplier(s) or other person(s) or party(ies) connected with any Tourist Services.

Our responsibilities are limited to facilitataing a booking in accordance with the User’s and Supplier’s instructions. We accept no responsibility for any information about the Touist Services that we pass on to you in good faith.

In the event that we are found liable to a User or a Supplier on any basis whatsoever, our maximum liability is limited to twice the cost of the booking in question (or the appropriate proportion of this if not everyone on the booking is affected).

We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

We will inform Users as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed Toursit Services or to cancel them. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier but we will have no further liability to you.

Complaints

Because the contract for Tourist Services is between the User and the Supplier, any queries or concerns should be addressed by the User to the Supplier or their agent immediately. If you fail to follow this procedure there will be less opportunity for the Supplier to investigate and rectify a complaint. The amount of compensation a User may be entitled to may therefore be reduced or extinguished as a result.

Cancellation of Registration

Users can cancel their registration on Hang-Out Ltd at any time by blocking their user account. Hang-Out Ltd can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected.

Data Protection

For the purposes of the General Data Protection Regulation ((EU) 2016/679) we are a data controller. In order to facilitate a User’s booking we need to collect certain personal details from Users. These will include, where applicable, the names and addresses of party members, their passport and insurance details, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen Tourist Services any dietary restrictions which may disclose religious beliefs. We must pass on your personal details to the Suppliers who need to know them so that your Tourist Services can be provided. The information may also be provided to public authorities such as customs/immigration if required by them, or otherwise as required by law. If you fail to provide us with this information, we may not be able to plan or confirm your booking so in making your booking we are entitled to assume you do not object to our doing any of the things mentioned above unless you specifically state otherwise in writing. We have appropriate security measures in place to protect the personal details you give us. You are entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed; to delete, rectify, block the information we hold about you; to complete and restrict its use, and to port it to another organisation. You have the right to object to the processing of your data in some circumstances and where we have asked for consent to process your data in ways additional to those listed above (for example, for marketing purposes), you may withdraw this consent. For full detail, please see our full privacy policy.

Changes to these General Terms and Conditions

Hang-Out Ltd reserves the right to change these General Terms and Conditions at any time and without stating the reasons.

The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted.

General Terms and Conditions between the Supplier and the User

The following Terms and Conditions apply to all contracts concluded between the Suppliers and the Users via the Platform. They may be supplemented by the Suppliers own booking terms and conditions. In the event of any inconsistency between these terms and the Supplier’s own terms and conditions, the Supplier’s own terms and conditions will apply to the extent of any inconsistency.

Truthful details

The details transferred by Users via the Hang-Out Ltd Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per its own booking terms and conditions if defective details are provided by the User.

Arrival at meeting point and compliance with conditions

Users are responsible for arriving on time at the notified meeting point. If Users are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

Additional terms and conditions

Users are responsible for observing any additional terms imposed by a Supplier. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.

Binding nature of the request

The contract between the User and the Supplier comes into effect upon the acceptance of your binding request by the Supplier when we issue a confirmation on their behalf.

Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

Unpaid services

If the User does not pay for the booked service according to the agreed due date of payment, the Supplier is permitted to withdraw from the contract and charge the User cancellation charges in accordance with its booking conditions.

Exchange of messages

All messages between the User and the Supplier shall be done via the Hang-Out Ltd Platform.

Cancellation guidelines

If you cancel any Tourist Service, the cancellation conditions stated in the Supplier’s booking conditions apply.

Cancellation in the event of force majeure

The Supplier may cancel the activity in the event of advsere weather conditions, official measures, strikes or other unforeseeable or unavoidable conditions make the execution of the activity impossible, make it considerably more difficult or endanger it.

Exclusion of participation

The Supplier is permitted not to allow Users to join an activity, or to exclude Users from one, if they do not meet the personal participation requirements, participation would endanger the User or someone else or in any other way make the activity impossible in the long-term. In these cases, the paid price cannot be refunded.

Changes to the program

The Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

Liability of the Supplier of the tour or the tourism service

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

Change to these General Terms and Conditions

These Terms and Conditions of the Supplier can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.

General Terms and Conditions between Hang-Out Ltd and the Supplier

These terms govern any reservation for or supply of Tourist Tourist Services made by a Supplier via the Platform. They form the basis of the contract between the Supplier and Hang-Out Ltd.

The Supplier appoints Hang Out Ltd as its selling agent for such purposes and Hang Out Ltd agrees to act as such.

By confirming a reservation of Tourist Services, the Supplier agrees to be bound by these terms as well as any written existing or supplementary terms.

Where there is inconsistency between any existing or supplementary terms and these terms, these terms shall prevail.

The Supplier will ensure that at all times during the period of this agreement the Tourist Services shall be provided using all due skill, care and diligence and shall conform to all planning, licensing and other requirements as may be imposed by national, local or other laws or regulations for the purpose of their use by Users and shall at all times during the validity of this agreement comply fully with EEC national and trade laws, regulations and codes of practice, relating to hygiene, fire the general safety and security of those on the premises or in any way affecting its operation.

In the event of any alteration, suspension, deficiency, failure or other change to the Tourist Services of any nature which may adversely affect the enjoyment or quality of User’s experience (‘Deficiency’), the Supplier undertakes at its own cost to immediately either (a) take all reasonable steps to remedy the Deficiency (b) locate at its own cost, suitable alternative Tourist Services which are of least equal standard to the Tourist Services in question and which comply with the conditions set out in this agreement.

The Supplier will ensure that it has in force at all times during the period of this agreement an insurance policy which will provide cover in the event of any User suffering death, personal injury or loss of whatever nature, such cover to be effective where the death, personal injury or loss is caused by the negligent acts or omissions of the Supplier, its employees, servants or agents or suppliers of the Supplier. Such cover must be sufficient in relation to reasonable international standards. The Supplier further agrees to provide, upon request, proof of such insurance cover.

All costs arising from damage or loss caused by clients will be charged directly to the Users concerned by the Supplier. Hang Out Ltd cannot be held liable to costs of this nature.

The Supplier on behalf or itself, its employees, agents and sub-contractors accepts liability and agrees fully to indemnify Hang Out Ltd in respect of all losses, damages, liabilities, expenses and demands of whatever nature (including without limitation any professional fees incurred by Hang Out Ltd and any compensation payments, refunds or credits to any Users) which Hang Out Ltd may suffer or incur directly or indirectly as a result of (a) any breach by the Supplier of any term or condition of this agreement; and/or (b) the death, injury or illness (including fatality) of any person for whom Hang Out Ltd may be responsible or for which Hang Out Ltd may have any liability and which is caused by or arises out of any wrongful or negligent act or omission of, or any breach of this agreement by, the Supplier, its employees, agents and sub-contractors; provided that the Supplier shall not be liable in respect of anything arising directly as a result of the sole fault of Hang Out Ltd. This indemnity shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of this Agreement.