General Terms and Conditions (GTC) of City Buddy OY, Y-tunnus 2828343-6 (Foxtrail Finland)
Preamble
In cooperation with various partners, City Buddy OY offers a number of unaccompanied trails in Helsinki. These are permanently installed walking trails, called “ Foxtrails” (referred to throughout this document as “Foxtrail” or “trail”).
These Foxtrails consist of an invisible track and various stations. These stations involve a game, a device and/or a description – solving these will reveal the way to the next station. If a solution cannot be found within a few minutes a SMS or telephone helpline is available to provide assistance.
These GTC govern the contractual rights and duties between City Buddy OY and the participants in a Foxtrail.
1. Contractual parties
1.1 Provider
The company City Buddy OY with its registered office in Helsinki (referred to throughout as “City Buddy” or “provider”). The provider cooperates with selected partners ( referred to throughout as: “partner businesses”) in order to be able to offer the Foxtrail as a complete package.
1.2 Participants
The participants (referred to throughout as: “participants” or “customers”) are classified as individuals or groups:
– “Individuals” are smaller groups of between two and six persons who follow a trail on foot and public transport.
– “Groups” are larger groups of 7 persons or more who follow a trail only on foot and public transport.
In the case of more than 6 persons per booking, the participants are split up into teams of two to 6 persons (hereinafter referred to as “teams”).
2. Conclusion of contract
2.1 Offering City Buddy offers its services online on its website.
2.2 Booking
2.2.1 Individuals
By clicking the “Buy” button, individuals make a binding offer to purchase one or more Foxtrail event. The contract with an individual is effective when City Buddy sends an e-mail with a confirmation of reservation and the Foxtrial instructions.
2.2.2 Groups
Groups request a non-binding offer from City Buddy for the sale of Foxtrail events by telephone or e-mail. The contract applies when City Buddy sends an e-mail with the order confirmation.
2.2.3 Acknowledgement of the terms of contract
By booking a Foxtrail, all participants unconditionally acknowledge the prices shown online (individuals) or the prices listed in the offer including the event management fee (groups) and these GTC.
2.3 Payment
Individuals pay for the Foxtrail online.
For group bookings, City Buddy will send an invoice for the total amount by post, e-mail or e-invoice.
If a payment owing has to be claimed through legal action (default summons) despite due reminder, the participant will be charged an additional fee of EUR 100 as compensation for the costs incurred by City Buddy.
3. Amendments to the contract
3.1 Individuals
3.1.1 Online booking can be changed or cancelled. You find all necessary information on the booking confirmation.
3.2 Groups
3.2.1 No cancellation
Bookings may not be cancelled but only amended or postponed.
3.2.2 Changing a booking
The number of participants can be reduced eight days prior to the start date booked. In the event of the number of participants being reduced seven days or less prior to the start date, 100 percent of the initial order will be invoiced.
3.2.3 Change of start date
A booking may be changed to a different date with vacant start times.
If participation by the group cannot be postponed to an alternative date, the full amount of the order will be charged.
4. Scope of service
4.1 Own services
The Foxtrails include various services. The trails are continuously improved.; for this reason, there might be slight changes from one booking to the next. City Buddy retains the right to alter the services presented on the website also at short notice.
The provider’s catalogue of services includes the following services:
– use of the booked Foxtrails
– reservation and information services
– use of the helpline by SMS or phone
– equipment
– admission fees (museums, castles, etc.) if not mentioned and
– surprises.
The catalogue of services listed in the confirmation of reservation and/or order will be exclusively decisive for the specific scope of service by the provider.
The Foxtrail booking confirmation entitles the holder to use the trail, the equipment required for the game and also includes all admission fees to the facilities of partner businesses associated with the trail and listed in the catalogue of services if not mentioned differently.
4.2 Third-party services
City Buddy also puts clients in touch with restaurants for meals before and after the Foxtrails. Catering services offered by these restaurants are hereinafter referred to as “third-party services”.
The third-party services are rendered and invoiced by these partner restaurants. The respective service providers are exclusively responsible for the availability, the quality and the safety of such third-party services.
5. Warranty
The Foxtrails are outdoors and the stations are publicly accessible.
On account of these circumstances, it is possible, despite regular checks and maintenance of every trail, that individual stations are not (or not fully) operational for a short period of time. In such a case, the participants do not have any warranty claims against City Buddy.
The exclusion of warranty also applies for the non-availability of guidance, instructions or other information.
6. Conditions of participation
6.1 Requirements for participants
Participants should be able to complete a walk on footpaths and orientate themselves in the city. This requires an average sense of direction. No local or regional knowledge is required.
A minimum age of seven years is recommended. For school classes, there is a recommendation for participation from the 5th grade.
Children may only participate if accompanied by parents or a supervisor who must be at least 18 years of age. Each team must include at least one person over 18 years of age.
6.2 Equipment needed by the participants
The following equipment is needed to be able to use a Foxtrail:
– at least one mobile phone capable of receiving and making calls and with internet per team; all call and usage charges are borne by the participants.
– leisure clothing and good shoes suitable for completing the trail under the prevailing weather conditions.
7. Foxtrail picture
Each team agrees by booking a Foxtrail, that a picture is taken and published on https://foxtrail.fi/trails/gallery. It is possible to delete the picture by sending an e-mail to info@foxtrail.fi.
The e-mail must include the Foxtrail date, starting time and booking code.
8. Liability and insurance
Participants complete the Foxtrails at their own risk. It is up to each individual participant to take out insurance.
City Buddy does not accept any liability for direct or indirect personal injuries or damage to property incurred as a result of using a Foxtrail and the individual stations on a trail.
This exclusion of liability also applies in the event of unlawful intent and gross negligence on the part of a Foxtrail employee. The only exceptions to this are in the event of unlawful intent and gross negligence on the part of the provider itself.
City Buddy will not be held liable for third-party services by partner businesses.
9. Data protection
For the purpose of booking a Foxtrail, data is collected, stored and processed in accordance with the provisions of the law.
When visiting Foxtrail.fi website, the following data is logged: the IP address used by the mobile phone, tablet computer, PC or similar device, the time and date, the type of browser and the operating system used by the device and the pages visited. This does not, however, permit any links to be made to personal data and none are intended. Where statutory retention periods have to be observed, the storage period for specific data can be up to ten years.
Personal data such as the data communicated when placing an order or by e-mail (e.g. name and contact details) are only used for correspondence with the customer and processed only for the purpose for which the data was provided. Personal data will only be passed on to third parties where necessary to fulfil the business purpose. Personal data may also be passed on where there is a legal obligation to do so or the customer has explicitly consented.
Any services provided by third parties that are used for processing and handling purposes will be subject to the provisions of data protection legislation. The customer consents to the data of all participants being passed on to helpline staff and the partner businesses involved for the purposes of handing queries and dealing with emergencies.
10. Newsletter
By placing a booking, the customer consents to the provider e-mailing him/her an electronic newsletter (“opt-in”). This newsletter can be cancelled at any time and free of charge by clicking on the weblink contained in every e-mail sent out (“unsubscribe link”).
In the newsletter, City Buddy refers exclusively to its own offers and additionally provides information and suggestions on how to spend leisure time.
11. Copyright
The copyrights and all other rights to the Foxtrails, Foxtrail instructions, plans, images, texts and other materials from City Buddy remain the property of the provider in every case.
Any kind of copying, duplication, passing on or publication of the Foxtrail idea, the Foxtrail instructions and/or other products by City Buddy, whether in electronic or non-electronic form, is forbidden and will be prosecuted under civil and/or criminal law.
12. Other general provisions
12.1 Severability clause and completeness
Should any provision of the agreement between City Buddy and its customers be or become invalid, this will not affect the validity of the remaining provisions. The contractual parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. This provision will apply mutatis mutandis to any loopholes in the agreement.
The confirmation of reservation/order and these GTC together with the answers to the “Frequently Asked Questions” (FAQ) on Foxtrail’s website constitute the entire legal agreement between the provider and the customer. There are no collateral agreements.
12.2 Amendments to the GTC
City Buddy retains the right to amend these GTC as necessary at any time and without prior notice. The version available on the website as of the time of conclusion of the contract shall apply.
12.3 Place of jurisdiction and applicable law
The contractual relationship between the provider and customers is subject to Finnish law. The exclusive place of jurisdiction for any disputes arising therefrom is the registered office of City Buddy in Helsinki, Finland.
Date: January 2023
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