WALKOUR Terms and Conditions




WALKOUR is a mobile application that offers app-guided walking tours to end users. This means that an end user may install the WALKOUR mobile application available through the Google Play Store and, after creating an account and thereby accepting these Terms and Conditions, choose to take one of multiple available app-guided walking tours. This means, that the end user would choose either a free of charge tour or purchase a paid tour and subsequently be guided by the app with the aid of GPS technology to walk (or move otherwise) along a specific route and consume digital content that may relate to their respective location. This digital content may consist of spoken word audio, information, data, text, music, sound, photographs, graphics, video, messages, quizzes, activities or other materials.




Agreement: this binding, legal agreement between End Users and WALKOUR


Terms and Conditions: The Terms and Conditions as defined in this Agreement, which the End User fully accepts when using the downloading the WALKOUR App and using WALKOUR Service.


WALKOUR or we: WALKOUR, Einzelunternehmen Simon Mayrshofer, Kaiser-Friedrich-Ufer 2, 20259 Hamburg, USt-Id: DE312004644


End User (you): any individual that downloads and installs the WALKOUR App and may consume and in some cases purchase Tours and the entailed Content through the WALKOUR App


Account: the personal environment which is created by the End User when he registers for the WALKOUR Service and to which the End User obtains access after entering his Login Details;


Tour: a compilation of Content, compiled and offered by us or our licensors (i.e.e partnering content providers), which may be consumed by the End User either for a fee or free of charge and subsequently be used to go on a app-guided (walking) Tour along a specific route, i.e. geolocations.


Content: digital content, consumed through the WALKOUR mobile application, including – but not limited to – mobile tour guides containing information on any kind of place of interest provided in the form of text, photos, video’s, audio materials, and any other form;


WALKOUR Service: in the context of these Terms and Conditions, it means any service provided by WALKOUR to the End User, including but not limited to the WALKOUR App (mobile application) and the WALKOUR Website


WALKOUR App: the WALKOUR mobile application available through the Google Play Store;


WALKOUR Website: the URL http://walkour.app and all its top level and sub-domains;


Intellectual Property Rights: all intellectual property rights and related rights such as copyrights, trademark rights, patent rights, design rights, trade name rights, moral rights, database rights, neighbouring rights, as well as rights to know-how, logos, domain names, service marks, inventions and sui generis intellectual property rights, and all similar rights in any part of the world, including

any registration of such rights and applications and rights to apply for such registration;


1. Legal Agreement and Applicability


1.1 The Terms and Conditions set forth in this document apply to all individuals downloading and installing the WALKOUR App and constitute a binding, legal agreement between these End Users and WALKOUR.


1.2 No amendments or modifications may be made except as set forth in the “Amendments to Terms and Conditions" section below (section 2)


1.3 An up-to-date version of these Terms and Conditions is always available through the WALKOUR App itself and also accessible from the Google Play Store Page, where the user may choose download and install the app. You may at any time request a new and most up-to-date copy of these Terms and Conditions by sending us an email with the request to info@walkour.app.


1.4 The moment you install the WALKOUR App on any device you (the End User) automatically enter into this Agreement and accept all the Terms and Conditions described in this Agreement.


1.5 You warrant and represent that you have the full legal capacity to enter into this Agreement.


1.6 In order to avoid any discrepancy between applicable terms, your own terms and conditions (if any) will not apply.


1.7 This Agreement may have been translated into other languages. In case of a discrepancy between the translated version and this English version, this English version shall prevail.


2. Amendments to Terms and Conditions


2.1 It may sometimes be required for us to make changes to these Terms and Conditions (for instance due to business developments, new regulations etc.). These amendments or supplements to the Terms and Conditions will be visible and accessible to you through the WALKOUR App. You may also, at any time, request the most up-to-date copy of these Terms and Conditions via info@walkour.app.


2.2 Your continued use of the WALKOUR Service after amendments to these Terms and Conditions implies that you agree with the changed Terms and Conditions.


2.3 In case you do not agree to the changed Terms and Conditions, you need to stop using the WALKOUR Service immediately.


2.4 It may occur that any provision of these Terms and Conditions is or becomes illegal, void or invalid for whatsoever reason including, but not limited to, overriding mandatory consumer protection law. Such invalid provision shall not affect the validity of the other provisions of these Terms and Conditions, and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.


3. Access to the WALKOUR Service


3.1 The WALKOUR Service entails the right of the End User to access and use the WALKOUR App which enables the End User to access Content and use this Content to receive information, including but not limited to information on a specific object or location of interest, for entertainment purposes, determined on the basis of the End User’s current (GPS) location, including the (future) ability to create an Account.


3.2 WALKOUR shall perform the WALKOUR Service to the best of its ability. However, the End User accepts that the WALKOUR Service contains only the functionalities that he finds at the moment of use (“as is” basis). Except as expressly provided in these Terms and Conditions, WALKOUR makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, reliability or accuracy of the WALKOUR Service or the Content, or that any part of the WALKOUR Service will be uninterrupted, error-free, timely, secure, nor is it warranted either implicitly or expressly that any content is safe in any manner for download.


3.3 To use certain advanced features of the WALKOUR Service the End User might be required to create an Account, by following the registration process in the WALKOUR App. The End User guarantees that all provided (personal) data is up-to-date, correct and complete. If the (personal) data of the End User is at any point no longer up-to-date, correct or complete, the End User shall adjust or add the data required. The End User is not allowed to create an Account in someone else’s name.


3.4 If the End User is under the age of 18, he must have parent(s)’ or legal guardian(s)’ permission to create an Account and use the WALKOUR Service.


3.5 If the person registering an Account and using the WALKOUR Service does so on behalf of another person, he represents that he has the legal authority to bind that person to these Terms and Conditions.


3.6 During the registration, the End User may be required to supply Login Details. The End User is responsible for maintaining secrecy with regard to the Login Details for his Account. As soon as the End User knows or has reason to suspect that his Login Details have come into the hands of unauthorised persons, the End User must inform WALKOUR of this without delay, without prejudice to his own obligation to immediately take effective action, such as modifying his Login Details.


3.7 The End User accepts and acknowledges that he is at all times responsible and liable for the use of the WALKOUR Service by third parties via the End User’s Account. The End User indemnifies WALKOUR against any and all damage and costs arising from and/or related to the access to or the use of the WALKOUR Service by third parties via the End User’s Account.


3.8 The End User may also log in on the WALKOUR Service using his Facebook- or Google-account. The use of a Facebook- or Google- account for the access to or use of the WALKOUR Service is for the risk and responsibility of the End User. WALKOUR is not responsible with respect to the availability and well-functioning of Facebook and/or Google, nor for the correct functioning of the link between the WALKOUR Service and Facebook and/or Google. The End User is not allowed to log into the WALKOUR Service and/or create an Account using the Facebook- or Google- account of another End User, person or company.


3.9 WALKOUR may at all times (i) make functional, procedural or technical changes or improvements to the WALKOUR Service, including the WALKOUR App, the WALKOUR Website and Content, (ii) (temporarily or permanently) take out (part of) the WALKOUR Service for whatever reason, and/or (iii) take out of service, restrict the use of or terminate Accounts, without becoming liable to the End User.


3.10 The End User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the WALKOUR Service, including any mobile device with functions for (GPS) localisation. WALKOUR is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.


3.11 WALKOUR is in no way whatsoever liable to the End User for any damage or costs arising our of or resulting from (parts of) the WALKOUR Service being (temporarily) unavailable or for failures or outages of the WALKOUR Service.


4. Operation of the WALKOUR Service


4.1 WALKOUR may at its discretion suspend or terminate operation of the WALKOUR Service, including but not limited to the WALKOUR App and Website, for maintenance or other reasons.


4.2 In addition, for maintenance reasons, because of technical issues or for other reasons we may make any or all of the WALKOUR Service unavailable from time to time.


4.3 WALKOUR makes no commitment, warranty or guarantee that the WALKOUR Service will operate in a timely, uninterrupted or error-free manner, or that the WALKOUR Service will meet End Users's purposes, but in any event will do our best to ensure that it meets your requirements for satisfaction.


4.4 WALKOUR may also in its discretion modify the features, availability, operation and/or look and feel of the software from time to time without notice to our End Users.


5. Use of the WALKOUR Service


5.1 Each and every use of the WALKOUR Service by the End User is for the risk and responsibility of the End User.


5.2 The End User is not permitted to:
a. use the WALKOUR Service and/or Content in a way that is contrary to the purpose and morals of the WALKOUR Service;

b. use the WALKOUR Service and/or Content in a way that is discriminating regarding race, religion, gender, culture or heritage or which is otherwise offensive;

c. use the WALKOUR Service and/or Content in a way that calls for violence against and/or harassment of others;

d. use the WALKOUR Service and/or Content in a way that is false and/or misleading, including – but not limited to – the adoption of a false identity and/or making the incorrect suggestion that the End User is in any way commercially connected with WALKOUR or its licensors or licensees;

e. use the WALKOUR Service and/or Content with a (mobile) device which contains viruses, Trojan horses, worms, bots or other software that can damage, disable or delete the WALKOUR Service or makes it inaccessible, or which alters, damages or deletes the Content;

f. violate the Terms and Conditions, the Privacy Statement or any applicable laws and/or regulations;

g. infringe the rights of WALKOUR and/or third parties, including – but not limited to – Intellectual Property Rights and rights that relate to the protection of privacy;

h. harm the interests and reputation of WALKOUR;

. collect data from End Users through the WALKOUR Service and use this data for other purposes than those that are listed or intended in the Terms and Conditions;
j. reproduce, publish or sell the Content which is obtained through the WALKOUR Service;

k. use contact information which is provided by End Users for any commercial, non-commercial or charitable communication as well as any other unsolicited communication other than the intended purposes of the WALKOUR Service;

l. use the WALKOUR Service for advertisement purposes, other than with the express permission of WALKOUR;

m. engage third parties to perform any of the above mentioned acts.


5.3 The End User acknowledges and agrees that any personal information (such as reviews, comments etcetera) he makes available through the WALKOUR Service can be used by other End Users. The End User acknowledges that WALKOUR cannot enforce compliance with these Terms and Conditions by other End Users.


6. Content


6.1 The WALKOUR Service offers End Users various Content. The End User can choose which (type of) information he wishes to receive by accessing specific Content on his mobile device through the WALKOUR App.


6.2 Content may be offered under additional terms and conditions, such as – but not limited to   payment obligations and restrictions to use, for instance to a certain time limit, or area or from a certain age. For details, please refer to section 8. In any case the use of Content is limited in accordance with article 9.


6.3 Upon fulfilment of any (payment) obligations in accordance with article 8 to the extent required, the End User may access the Content through his mobile device via his Account, subject to the license granted in accordance with article 9.2. The Content shall be available to the End User in his Account in accordance with article 8.5. In the event of the End User completing a Tour or choosing to cancel a Tour, the entailed Content will be removed from his Account and all rights of the End User to the use of that Content shall terminate, unless otherwise specified by WALKOUR.


6.4 WALKOUR reserves the right to modify, refuse or delete Content or to restrict the use of the Content, or subject the use of the Content to (additional) terms, if there are grounds to do so according to WALKOUR and/or its licensors, without becoming liable to the End User. This right includes the right to have the fore-mentioned actions performed by third parties, such as licensors of WALKOUR.


6.5 The End User accepts that the Content contains only the functionalities and information that he finds at the moment of use (“as is” basis). Except as expressly provided in these Terms and Conditions, WALKOUR and/or its licensors makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, availability or accuracy of the Content. Furthermore WALKOUR does not guarantee that the Content will be available in the language of choice of the End User.


6.6 WALKOUR accepts no liability for (in)correctness, (in)completeness or the (in)actuality of the Content that is made available in the WALKOUR App or on the WALKOUR Website (whether or not this Content originates from third parties).


6.7 If an End User is of the opinion that certain Content infringes his rights and/or the rights of other End Users or a third party the End User should notify WALKOUR immediately by sending an email to info@walkour.app.


6.8 Some parts or features of the WALKOUR Service may be subject to an age restriction. The End User hereby represents that he is of sufficient legal age to use or participate in such part or feature of the WALKOUR Service.


7. Take-down rights


7.1 WALKOUR does not monitor and does not intend to monitor the Content on its platform. We do, however, retain the right to take appropriate action including removal of Content from our platform if we are notified or otherwise determine that the Content infringes third parties’ rights or is unlawful. In such case we will not be liable towards the End User. If you have a court order or allegations that Content is illegal or want to send a complaint about certain Content, please send all the required information to info@walkour.app.


8. Paid Content & Conclusion of Contract


8.1 These Terms and Conditions apply to all orders placed via the WALKOUR mobile application.


8.2 For the use of the WALKOUR Service, or a part thereof, a fee might be due. While some of the Tours (and the entailed Content) available through the App may be consumed free of charge, others may be offered for a fee. The End User will receive the relevant payment details prior to the purchase of any Tour and the subsequent addition of the Content to their device or Account. All payments will be in-app payments and take place in the way as described in the WALKOUR App.


8.3 If the End User chooses to purchase a Tour that is offered for a fee and places an order, a binding contract is concluded with WALKOUR, Einzelunternehmen Simon Mayrshofer, Kaiser-Friedrich-Ufer 2, 20259 Hamburg, Germany.


8.4 The provided information on our available (app-guided walking) Tours represent legally noncommittal requests to the purchase. Only with the completion of the ordering process does the End User make a binding offer to conclude a purchase contract. This contractual offer is considered accepted and therefore legally binding as soon as the purchase is confirmed through the App.


8.5 The prices stated in the App are charged for the temporary right of use of the Content provided (see section 8.8) and include taxes. Furthermore there may be restrictions to this temporary right of use, for instance to a certain time limit, or area or from a certain age. The End User will be informed of these restrictions prior to placing an order.


8.6 Possible additional costs on the part of other third-party providers (e.g. costs for the mobile Internet connection on the part of a telecommunications provider) are not included in the prices quoted.


8.7 The due payment amount can be paid via PayPal, credit card or SEPA Direct Debit and the payment is handled by the third-party payment service provider Braintree Payments.


8.8 The (app-guided walking) Tour and the entailed Content offered can be consumed immediately after receipt of the order confirmation within the App. The delivery is made in digital form by making the Content available on Internet-enabled devices. It is the responsibility of the consumer to ensure the suitability of the technical equipment (mobile Internet connection, installation of the WALKOUR App on a compatible Android device with GPS capabilities).


8.9 Any liability for technical problems that are not our fault (e.g. on the part of third-party providers Google, Facebook and others) is excluded.


8.10 The End User may have the right to a contract revocation, depending on the applicable local laws. In Germany, for instance, the End User has the right to revoke the contract within 14 days without giving reasons. In order to exercise this right, the End User must inform us within the specified period by means of a clear statement of his/her decision to withdraw from the contract. In order to comply with the revocation period, it is sufficient for the revocation notification to be sent before the end of the period.


8.11 If a contract revocation is desired, such a declaration can be addressed within 14 days after order confirmation by e-mail to info@walkour.app or via the refund request form within the app.


8.12 A valid revocation of the purchase contract leads to immediate reimbursement of the originally charged amount, at the latest within 30 days after receipt of the revocation. Unless otherwise agreed, the refund shall be made using the same means of payment as was used for the original payment.


9. Intellectual Property Rights


9.1 The Intellectual Property Rights in relation to the WALKOUR Service, including the information made available via the WALKOUR Service such as the Content, texts, look-and-feel, templates, video-, audio- photo-material and the App and website of WALKOUR, are held by WALKOUR or its licensors.


9.2 Under the conditions set out in these Terms and Conditions, WALKOUR will grant the End User a limited, personal, revocable, worldwide, non-exclusive, non-sublicensable and non-transferable right to access and use the WALKOUR Service, including the Content, insofar as is necessary for the non-commercial use of the WALKOUR Service. This license does expressly not entail the right for the End User to publish, reproduce or make available the WALKOUR Service and/or the Content in another medium or for any third party.


9.3 Nothing in these Terms and Conditions is intended to transfer any Intellectual Property Rights to the End User. The End User shall refrain from any act that infringes the Intellectual Property Rights of WALKOUR or its licensors, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which WALKOUR or its licensors holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing of the WALKOUR Service, including the Content, for other purposes than those listed in these Terms and Conditions, unless permitted by applicable mandatory law.


9.4 The End User is not permitted to remove, make illegible, hide or modify notifications or statements with regard to Intellectual Property Rights.


10. Personal Data


10.1 WALKOUR processes Personal Data of the End User [using the Account] in the course of providing the WALKOUR Service, including but not limited to information entered when creating the Account, information provided when using the WALKOUR Service and information collected on the use of the WALKOUR Service.


10.2 To the extent necessary, the End User agrees in advance to all processing by or on behalf of WALKOUR of the Personal Data referred to under article 10.1 for the purposes of:
a. developing and offering the WALKOUR Service, the WALKOUR App and the WALKOUR Website;

b. communicating with the End User about WALKOUR and its products and services;

c. generating statistical data (including by means of Google Analytics);

d. protecting WALKOUR's information systems.


10.3 WALKOUR shall implement appropriate technical and organizational measures to protect the Personal Data referred to in article 10.1 against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.


10.4 Under European data protection law, a legal basis is required for the processing of Personal Data. This legal basis can be the granting of permission, as set out in this article 10, but there are also other legal bases. For the avoidance of doubt, the permissions granted to WALKOUR under this article are without prejudice to any other legal basis WALKOUR might have for the processing referred to in this article.


11. Indemnities and warranties


11.1 The End User warrants and guarantees that he is entitled to use the WALKOUR Service and that he will act in accordance with these Terms and Conditions.


11.2 The End User agrees to indemnify, defend and hold harmless WALKOUR, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, actions, proceedings, damages, obligations, losses, expenses and costs, including reasonable attorneys’ fees and other litigation expenses, resulting from (i) an attributable breach of these Terms and Conditions by the End User, (ii) any use the End User makes of the WALKOUR Service, including Content, or (iii) an unlawful act performed by the End User, or (iv) any third party claims resulting from the above.


11.3 The Service may contain links to third party websites that are not owned or controlled by WALKOUR. WALKOUR has no control over, and assumes no responsibility or liability for, the

content, privacy policies, or practices of any third party websites.


12. Liability


12.1 WALKOUR accepts no liability for damage that result from the provision of the WALKOUR Service, an unlawful act, or any other cause, to the extent that is permitted under mandatory law.


12.2 When WALKOUR is nevertheless liable to the End User for any damage arising from any cause whatsoever, this liability will at all times be limited to the direct damage up to an absolute maximum of EUR 1.000,-- per event (a sequence of events will be regarded as one event).


12.3 Direct damage is understood to mean exclusively:
a. damage to property, however this damages shall not be compensated if this Agreement is rescinded;

b. reasonable costs incurred to prevent or limit direct damage which could reasonably be expected to result from the event on which is the liability is based;

c. reasonable costs incurred to determine the direct damage and liability.


12.4 Any liability of WALKOUR for damage other than direct damage (“indirect damage”) as specified in article 12.3, including – but not limited to – consequential damage, loss and/or damage of data, loss in connection with claims, materials, services and/or software of third parties, loss of profits, loss of reputation and lost sales, is excluded.


12.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article shall not apply if and in so far as the damage is the result of intentional or wilful recklessness on the part of WALKOUR.


12.6 The existence of any right to compensation is always conditional on the End User reporting the damage to WALKOUR in writing a soon as possible after he has become aware of the damage. Any claim for compensation vis-à-vis WALKOUR will lapse simply by the expiry of twelve (12) months after the damage first arose.


13. Force majeure


13.1 Neither party to this Agreement is liable to perform any obligation, including any warranty obligation agreed between the parties, if prevented therefrom by force majeure.


13.2 Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees needed for WALKOUR, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers or licensors of WALKOUR, shortcomings by third parties which were engaged by WALKOUR, disruption of the internet connection, hardware failures and failures in (telecommunication) networks.


14. Duration and termination


14.1 With respect to the WALKOUR App the Agreement between the End User and WALKOUR comes into effect at the moment the End User installs the WALKOUR App on his mobile device and accepts these Terms and Conditions. With respect to the WALKOUR Website the agreement between the End User and WALKOUR comes into force at the moment the End User visits the WALKOUR Website [and starts using the WALKOUR Service].


14.2 The End User is at any moment entitled to discontinue the use of the WALKOUR Service and to terminate his Account for convenience.


14.3 If there are grounds to do so, without any further notification being required and without becoming liable to pay compensation, WALKOUR reserves the right to terminate the End User’s Account (temporarily or permanently) or to delete Content, specifically in but not limited to cases in which the End User, in WALKOUR’s opinion, has breached any of the provisions in these Terms and Conditions, without prejudice to WALKOUR’s right to take further legal action and/or its entitlement to compensation.


14.4 WALKOUR points out that the End User cannot invoke a statutory cooling off period because WALKOUR provides the WALKOUR Service immediately with the consent of the End User


14.5 In the event of the termination of this agreement, no reversal will take place of that which WALKOUR has already delivered and/or performed and the End User has paid. Where applicable, amounts invoiced by WALKOUR before the termination in connection with that which WALKOUR has already properly performed or delivered in the implementation of the agreement will continue to be owed with due observance of the provision in the preceding sentence and will become immediately due and payable in full at the time of the termination.


14.6 Upon termination of the agreement for the use of the WALKOUR Service for any reason whatsoever, the End User’s right to use the WALKOUR Service terminates immediately. Upon termination for any reason whatsoever, WALKOUR will remove the End User’s Account. However, WALKOUR remains entitled to use the Personal Data in accordance with article 10.


15. Miscellaneous


15.1 To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the WALKOUR Service, the Content or these Terms and Conditions will be brought before the competent court in Hamburg, Germany.


15.2 WALKOUR may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify the End User of this. When the End User does not accept the transfer of rights and obligations he may discontinue the use of the WALKOUR Service and terminate his Account.