Terms of Use

Terms of Use for the Endless Summer GmbH Website



This document regulates the use of the Endless Summer GmbH web pages. It also regulates the conditions applicable to the rating of holidays and associated information. Finally, it regulates the conditions under which accommodation owners/operators or others with legal or actual responsibility make content available. The conditions and information contained in this document apply even if the web pages of Endless Summer GmbH are accessed from outside Switzerland and irrespective of the nationality of the user. By accessing the web pages or clicking on fields provided for interactive use, users acknowledge their agreement to these conditions. The Terms of Use include the General Terms and Conditions.

1.    Content of Online Offer

Endless Summer GmbH of Künzlistr. 43, 8057 Zurich, Switzerland operates web pages containing travel information/content. It operates the website surf-holiday.com.

This platform allows customers to enter their own ratings and comment on services they have used. This information is then stored in a database and can be accessed by others, as can data uploaded by service providers at individual destinations (e.g. photos and news). Users can access data on the Endless Summer GmbH website free of charge and also participate by entering personal ratings.

2.    Responsibilities/Obligations of Users

2.1.    General Conditions for All Users

Users must be at least 16 years of age and may not enter incorrect or misleading data about themselves or other persons. In particular, they may not register under a false identity. However, this condition does not apply to user interfaces or forums that allow participation in forums under a pseudonym. Users may not enter content or send data that:

  • Is deliberately untrue or untrue by virtue of negligence,
  • Is insulting, threatening, harassing, defamatory, offensive, promotes violence or is pornographic,
  • Is racist, incites hatred against particular groups, is unconstitutional or otherwise criminal/unlawful,
  • Infringes existing rights, in particular the intellectual property rights of third parties (e.g. copyright, trademarks and related signs, patents, brands or ancillary copyright, personal rights or property rights) that the user is not entitled to pass on,
  • Contains links or similar data that may adversely affect the functionality of other data processing systems, in particular computers.

Endless Summer GmbH is entitled to supplement, modify or delete content without advising users, in particular without giving a reason. Unlawful content will be deleted as soon as Endless Summer GmbH becomes aware of it. If this content also breaches the Terms of Use of Endless Summer GmbH and jeopardises an individual’s right to privacy, Endless Summer GmbH reserves the right to prevent the user from accessing the site in future.

2.2.    Granting of Rights

By publishing content (e.g. ratings of operators), users guarantee that they hold all rights to the information, in particular the associated copyright. Users grant Endless Summer GmbH without charge and irrevocably the right, unlimited in terms of duration, subject matter and territorial location, to use the content in any form whatsoever and in/on any media (in particular print, internet, television or mobile telecommunication platforms), including in particular reproduction, distribution and transfer rights together with the right to disclose or make content available to the public, broadcasting/transmission rights and the right to pass on content using audio or video media. In particular, users agree that Endless Summer GmbH may transfer these rights of use to third parties. In this case, the original context in terms of use will not be altered. If users do not own the rights to content entered on the website, they guarantee that they have obtained with legal effect the required transfer of rights, licenses, permission, approval or similar. If users breach one or more of these undertakings, they hereby release Endless Summer GmbH from any liability to third parties and agree to indemnify Endless Summer GmbH in full. In addition, Endless Summer GmbH may place advertisements or conduct other promotional measures within the context of its online content and its use. Users hereby expressly consent to this. Similarly, users also expressly agree that their photos or text may be moved to other sections in order to improve understanding and also that photos may be compressed. Users expressly agree that, provided that the associated moral rights of the user are preserved, Endless Summer GmbH may, to a certain extent edit, delete or translate into other languages other content provided by the user. Users have sole responsibility for the content made available (e.g. reports, photos, videos). Users have no right in principle to publication of their content.

2.3. Special Conditions Relating to Holiday Ratings

Any attempt to disrupt the correct functionality of the website of Endless Summer GmbH is prohibited. In particular users may not attempt to bypass security functions, make changes to computer systems, servers, routers or other equipment connected to the internet, gain unauthorised access to such equipment or in any way disrupt the functionality of such systems/equipment. In addition, users agree the following:

  • To enter ratings only if they have personally used the rated service, in particular to have spent their holiday in the accommodation in question.
  • Not to enter ratings or upload photos if the user is the employee, owner or operator of the product in question or is similarly connected to the said persons (e.g. a family member). The same applies to staff and their family members.
  • Not to enter incorrect or irrelevant ratings or make false statements about accommodation and associated persons, leisure facilities or other conditions/events relating to the destination which could influence the decisions of other holidaymakers.
  • To enter both positive and negative ratings within the limits of freedom of speech, in particular so that other travellers/holidaymakers can build up a more reliable/objective/comprehensive picture of a surf camp and the conditions associated with it.
  • Not to undertake disguised (e.g. as a report) or manifest advertising for products, services or companies.
  • To enter comments or ratings only if based on personal knowledge
  • Not to identify other persons by name
  • Not to enter content containing links or similar references that could harm the functionality of other data processing systems, in particular computers.
  • Not to collect, use or publish the personal data of other users or their information in any way whatsoever
  • Not to enter information that is insulting, offensive, threatening, racist or otherwise criminal/unlawful.
  • Not to enter information containing commercial advertising or unwanted advertising (spam).

3.    Registered Marks and Copyright

The content/data published on the web pages of Endless Summer GmbH (e.g. software, products, registered marks such as logos or similar, information, reports, photos, illustrations) is protected by law. It may not be reproduced, distributed or otherwise exploited; in particular, it may not be used for commercial purposes, disseminated to the public, changed or deleted. This includes the integration and display of content/data on other websites through the use of interlinks, deep links or frames.

4.    Publication of Names

For privacy reasons, we do not publish full information about persons who have entered ratings. However, users should be aware that their name, age and town of residence will be published with any rating.

5.    Other Provisions, Applicable Law and Legal Venue

In addition to these Terms of Use, the use of the website is also subject to the General Terms and Conditions and the Privacy Policy of Endless Summer GmbH. Swiss law shall apply. The legal venue is Zurich, Switzerland.

6.  Changes to These Terms of Use

Endless Summer GmbH reserves the right to change/supplement or replace these Terms of Use in future without any obligation to notify users. The current version together with its effective date is displayed on the website of Endless Summer GmbH. By continuing to use the web pages, users implicitly accept the changes.