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’ or ‘Linked Travel Arrangements’ as definied in the Package Travel and Linked Travel Arrangements 2018, The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 and The Civil Aviation (Air Travel Organisers’ Licensing) (Amendment) Regulations 2018.
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 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.
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.
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 search parameters on the Hang-Out Ltd Platform (e.g. travel destination, type of tour, start time, number of participants & price options), or has landed on an accommodation facility or resort page, 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.
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.
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.
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.
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.
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.
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 pre-existing terms and these terms, these terms shall prevail. Where there is inconsistency between any subsequent supplementary terms and these terms, the subsequent supplementary 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.
General Terms and Conditions between Hang-Out Ltd and Accommodation Providers
These terms, along with any supplementary written terms regarding commission and payment terms form an agreement between providers of holiday accommodation (‘Accommodation Provider(s)’) and Hang-Out Ltd for the utilisation of space and services by Accommodation Providers on the Hang-Out Ltd Platform. By listing a property on the Hang-Out Ltd Platform, the Accommodation Provider acknowledges and agrees to the below terms and conditions as well as any written existing or supplementary terms.
Where there is inconsistency between any pre-existing terms and these terms, these terms shall prevail. Where there is inconsistency between any subsequent supplementary terms and these terms, the subsequent supplementary terms shall prevail.
The Accommodation Provider will introduce Users to the Hang-Out Platform (without obligation) and Hang-Out Ltd will provide Users with the opportunity to purchase Tourist Services via the Hang-Out Ltd Platform.
The Hang-Out Ltd Platform acts only as a venue for Users to interact with the Accommodation Provider and to purchase Tourist Services. Hang-Out Ltd is not, and does not become, a party to any contractual relationship or other interaction (via the Hang-Out Ltd Platform or otherwise) between the User and the Accommodation Provider or any Supplier.
In recognition of this, Accommodation Providers acknowledge that any claim they may have that is in any way connected with a dispute with a User sourced through the Hang-Out Ltd Platform must be brought directly against that User.
Hang-Out Ltd reserves the right to remove any content uploaded by an Accommodation Provider onto the Hang-Out Ltd Platform at any time for what-ever reason deemed inappropriate by Hang-Out Ltd.
The Accommodation Provider must not copy, transmit, modify, republish, save, pass off or link to any content or material on the Hang-Out Ltd Platform and shall not use it for any marketing or advertising purposes which are not permitted by these terms.
The information on the Hang-Out Ltd Platform is provided to Hang-Out Ltd by the Accommodation Provider. It is the Accommodation Provider’s responsibility to provide accurate and up to date information. Hang-Out Ltd is not liable to any party where the Accommodation Provider has provided the information concerned. The Accommodation Provider must ensure that it acts in good faith and with due care and skill in providing accurate descriptions, photographs and any associated documentation. The Accommodation Provider agrees that all such description(s), photographs and/or other wording are and shall remain correct. The Accommodation Provider shall provide the accommodation in compliance with the descriptions represented on the Hang-Out Ltd Platform.
The Accommodation Provider will indemnify Hang-Out Ltd for all liabilities reasonably incurred in performance of duties on behalf of the Accommodation Provider. Further Hang-Out Ltd cannot accept any liability for any act, or omission by the Accommodation Provider or anyone acting on its behalf. Hang-Out Ltd does not have any liability for loss or damage arising from Users to the accommodation or otherwise. All costs arising from damage or loss caused by Users will be charged directly to the Users concerned by the Accommodation Provider. Hang-Out Ltd does not exclude liability for death or personal injury which arises as a result of its negligence or that of its employees whilst in the course of their employment.
Hang-Out Ltd may terminate this agreement immediately without notice and remove any listing if (a) the Accommodation Provider is in serious or persistent breach of obligations under this agreement and it fails to remedy such breach within seven (7) days of being notified of the breach; (b) if there is a change in ownership of the property; or (c) if either the Accommodation Provider or Hang-Out Ltd become insolvent or goes into liquidation or bankruptcy. Any termination pursuant to this clause shall be without prejudice any other rights or claims, which Hang-Out Ltd may have against the Accommodation Provider.
This agreement and all matters arising out of it shall be construed and governed according to English law. The parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales.