Discover in Confidence

About the business

Undiscovered Berchtesgaden Ltd
Post: 26 Park Road, Sherington, Buckinghamshire, MK16 9PG, United Kingdom
Tel: +44 (0) 7725 971 685
E-Mail: info@undiscoveredberchtesgaden.com
Registered in England No. 10396812

Terms of use

Every user of this site accepts the following Terms of Use

Thank you for accessing www.undiscoveredberchtesgaden.com (‘this Website’). This Website is operated by Undiscovered Berchtesgaden Ltd (‘we’, ‘ourselves’ or ‘us’).

When you access this Website, or use any service offered by us on this Website (‘the Service’) you will be subject to the following terms (‘these Terms’). These Terms apply to both individuals accessing the site and using its services and/or information for personal use (‘the user’ or ‘customer’), and to individuals, companies and/or organisations using the website and its services for commercial reasons, as a displayer and/or purchaser of listings, advertising and/or sponsorship (‘the supplier’).

Acceptance of Terms

You acknowledge that you use this Website, including the Content, and the Service at your own risk. By using this Website you signify your acceptance of these Terms, in return for which we grant you access to the Service. If at any time you do not wish to accept these Terms then you should not use this Website.

These Terms are governed by the laws of England and Wales and you irrevocably agree that the courts of England are to have exclusive jurisdiction in relation to any claim that you may bring against us arising out of a dispute relating to these Terms, this Website or the Service.

By using this website you also acknowledge the principles set out in our concerning the use of your data.

Use of the website

This Website, including the Content, is protected by copyright and/or other proprietary rights. The Content includes content owned and controlled by advertisers, suppliers or other third parties and licensed to us. All individual descriptions, specifications, images and other elements making up this Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained on this Website.

You may not make this Website available as part of another website, whether by hyperlink or otherwise, without first obtaining our prior written consent to do so.

You have no ownership rights or licences in any of our trading names or trademarks and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this website. You may only download to your own personal computer for viewing purposes and print out pages from this website for your own personal use, and in accordance with these terms.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

We are delighted to receive contributions to the website (including quotes, new holiday enquiries, comments on enquiries and quotes, reviews, articles, tips, photos, and general feedback comment). Please be aware that the website is accessible internationally, and by contributing in anyway, you are consenting to the publication of your contribution on undiscoveredberchtesgaden.com or on any site or medium we deem fit. You agree to use our current and future interactive services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum. We reserve the right, where necessary in our sole discretion and without prior notice to you, to edit or reject any contributions, automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others
• Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
• Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment
• Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so
• Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters
• Download any file that you know or reasonably should know, cannot be legally obtained in such manner
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
• Restrict or inhibit any other user from using and enjoying any public area within our sites
• Collect or store personal information about other end users
• Interfere with or disrupt our sites, servers or networks
• Impersonate any person or entity, including, but not limited to, a Gentianes Solutions Ltd representative, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure
• Engage in any illegal activity

You access this Website on your own initiative and you are responsible for complying with local laws and regulations. This Website is not to be accessed in any jurisdiction where, for any reason, the publication or availability of this Website or the provision of the Service (or any part of it) is prohibited. We do not represent that this Website complies with laws in all jurisdictions. You should seek legal advice if you remain in doubt you should not access this Website.

Use of cookies

By using this site, you specifically consent for us to use cookies in accordance with our cookie policy. Please continue to the cookies section below for further detail.

Disclaimer of warranty

We make every effort to ensure that the information and services of this website are beneficial to both user and supplier. However, this website, the service and the content of this Website is provided by us on an ‘as is’, and ‘as available’ basis. All warranties, express or implied, of any kind are excluded as far as is permitted under applicable law. This includes (but is not limited to) exclusions of warranties of title, satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary or third party rights. We make no warranty that:

• the service will be uninterrupted, timely, secure or error free
• that the website is free of computer viruses or other harmful components
• the information and results that may be obtained from the use of this service will be acceptable to the user or supplier
• the quality of any products, services, information or other material purchased or obtained through this service or from this service will meet either user or supplier expectations

Limitation of Liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, we will not be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, whether in contract or in tort (including negligence), arising in any way out of:

• Access to or use of or inability to access or use the site or any linked sites or its contents.
• The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
• Unauthorised access to or alteration of your transmissions or data.
• Statements or conduct of any third party on this website or service
• Any other matter relating to this website or service.


Other specific limitations and exclusions that apply to either the user or supplier are expressed in the disclaimer for the former, and the terms of business for the latter.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or otherwise engage in conduct we deem inappropriate, we may take such action as is required, including terminating or suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Force Majeure

If there is any failure or delay in performance of our obligations resulting from events or circumstances not reasonably within our control, we will not be liable or have any responsibility of any kind for loss or damage incurred by you.

Miscellaneous

Each provision of these Terms stands alone and if any provision is, or becomes, invalid or contravenes any applicable regulations, the remaining provisions will not be affected.

Our rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

If at any time we waive any breach of any obligation arising under these Terms then that does not mean we have waived any other breach, and we shall subsequently have the right to enforce all obligations.

Cookies

What are cookies?

A cookie is a small data text file of letters and numbers that is placed on the browser of your computer, tablet or mobile device. Cookies will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. This information is then sent back to our systems and recorded as you move around our site. Cookies are unique to the browser that you are using, so if you use both a mobile and computer to access our site, different data will be collected for each.

There are two types of cookies used on our sites: session cookies and persistent cookies. Session cookies are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Cookies serve a number of purposes like letting you navigate between pages efficiently, remembering your preferences, interests or log in details, and generally improving your experience.

Most web browsers automatically accept cookies, but if you do not want to allow cookies or only allow the use of certain types of cookies, please refer to your browser settings which should allow you to accept or deny cookies (please read section below for more details about how to do this).

What types of cookies do we use and how can you manage them?

To review and manage the types of cookies in use on this site please use the tabs on the cookie policy popup window. The link below will take you to the popup window:

Cookie Settings

Please note that you can re-visit your preferences at any time using the above link.

A note on managing marketing cookies

You can choose to opt out of personalised advertising cookies on this site by turning them off in the Cookie Preference Centre. You can also enable DO NOT TRACK in your browser, or review and turn off ad personalisation for 100+ online ad networks here.
It is important to remember that it does not mean that you will no longer receive advertising when you are using the internet. However, it does mean that the advertising you see displayed on the websites that you visit will not be customised to you and your interests and may be less relevant to you.

A list of the cookies this site uses can be found on the cookie policy popup window under ‘customise’. You can re-launch the popup using the link below:

Cookie Settings

For more information about cookies and managing them across the web, head to Cookiepedia.co.uk or aboutcookies.org

To learn more about interest based advertisements and your opt out rights and options, the following websites are also helpful; European Interactive Digital Advertising Alliance (EU), Internet Advertising Bureau (US), Internet Advertising Bureau (EU), and Network Advertising Initiative.

Privacy Policy

Your privacy protection

It may not surprise you to hear we are committed to protecting the privacy of everyone using this website.

This Privacy Policy provides information about how we process and protect data, how we use any personal information we collect about you when you use this website, our use of cookies, and your privacy rights.

This policy was last updated 27 March 2024 and replaces all previous versions.

In a nutshell

We will never sell your data. We provide controls that allow visitors and customers to have control over the privacy of all personal data that is captured by our service. We are committed to being transparent about what data we collect, how we use it and the measures we take to protect it. When you choose to provide us with information about yourself, you trust us to use it in a responsible manner.

You can check and manage your preferences using the relevant tab on the cookies popup window. To contact us about any matters relating to your privacy, please make a data request to dataprotection@undiscoveredberchtesgaden.com.
The Detail

Undiscovered Berchtesgaden (‘Us’, ‘We’) is the trading name of Undiscovered Berchtesgaden Ltd.
We as a data controller collect, process, use and disclose the information you provide by using the Website (www.undiscoveredberchtesgaden.com). We will use your personal data only for the purposes and in the manner set forth below, which describes the steps we take to ensure our processing of your personal data is in compliance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).

What data do we collect?

When you visit or use our Website in any way, we collect and process different types of information about you in different ways.
Information you give us:

• Identity Data, including first name, last name, username or similar identifier, and title.
• Contact Data, including your address, email address and telephone numbers.
• Profile and Traveller Data, including history of enquiries and bookings made by you, your preferences, important information required for the delivery of bookings, such as travel plans, dietary and medical requirements, height, weight and other information as required dependent on the booking, your feedback and review responses, and your password and username as applicable.
• Marketing and Communications Data, including your preferences in receiving marketing from us and your communication preferences.

Information we collect:

In addition to the information you provide to us, we collect certain information when you visit our Website, as explained below and in our Cookies policy. The following additional information may be collected:

• Technical Data, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, and the type of device used to access the Platform; information about your visit, including the clickstream to, through and from our Platform (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and any phone number used to call our customer service number. This can be stored in both video and word form and may allow us to access session videos designed to better illustrate how users interact with the platform.

• Usage Data, including information about how you use our website, products and services.

Information from other sources

We work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous aggregated information about how users use our services.

How do we use the data?

We will only use your personal data for the purposes and legal bases set out below.

Essential (contractual) uses

The following is essential in order for us to carry out the service you request from us; – To create and maintain your customer account – To process and manage your enquiries and bookings – To provide you with information and updates related to bookings you have requested – To provide customer service and support
As part of our contract with you, we also need to pass essential information about you and your booking to the end provider(s) (Suppliers) of the service(s) you have booked.
When you are making a booking we tell you who the supplier is, before you decide to finalise the booking, and we will also confirm this in our confirmation email to you. By proceeding with the booking you acknowledge that all personal information you share with us will be shared with the supplier, for the purpose of fulfilling the service you have requested.
We cannot be responsible for the privacy policy or actions of suppliers, but we do provide them with guidelines, and their contract with us binds them to keep any information we share with them as confidential and to process Personal Data only according to the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).

Uses we’d like your consent for

With your consent we’d also like to do the following. You may provide or withdraw this at any time from your account, and when you sign up.

• to provide you with information, ideas and special offers about trips that we think may interest you.
• to provide you with information about relevant additional products or services we feel may interest you.
• to carry out market research and collect feedback.
• to help us identify new potential audiences of like-minded people on the Facebook platform.
We will also ask your consent to publish any reviews you provide about trips you have been on. You can revoke this consent at a later date and have the review removed from the platform by emailing a data request to dataprotection@undiscoveredberchtesgaden.com.

Legitimate uses

Data protection regulation allows for personal data to be processed in certain circumstances that are defined as ‘legitimate interests’. We believe the following uses are necessary to support our legitimate interest in providing a world class service to you, provided such interests are not overridden by your interests and rights. You are free to manage your preferences in this regard from your account and from the cookies preference centre.
• to manage, operate and continually improve our website and service to you
• to ensure that content is presented in the most effective and safe manner for you and for your computer
• to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to allow you to participate in interactive features of our services, when you choose to do so;
• to measure or understand the effectiveness of our marketing activity,
• to record and support your participation in the features and services you select.
• to assist in providing the highest level of customer care
• to notify you about important changes to our business and service, which are likely to affect you directly. This may include, for example, updates to our Privacy Policy, or notification of a discontinuation or fundamental change to our products and services.
When you are making a booking on the platform we will also give you the chance to opt out from receiving non-personalised marketing and update emails from us with trip ideas and special offers. We believe it is reasonable to consider that you might be interested in these having booked a holiday with us, but will always give you the chance to opt out at the time.
Legal uses
The following processing is necessary to comply with legal and regulatory obligations – For the prevention and detection of fraud, money laundering or other crimes – For the purpose of responding to a binding request from a public authority or court.
Unless you are making a booking, the provision of your personal data is not a statutory or contractual requirement. You can choose not to provide this information; however, you might not be able to gain access to our information, services or products.
In addition to the purpose for which you submitted your personal data, you may also be given the option (through a check box or otherwise) to have your personal data used for an activity or service different from the primary activity or service that you are requesting.

What about children?

This Website is not intended for children and we do not accept bookings from children under the age of 16, except where they are an accompanying passenger on a booking made by an adult.

Where children are a passenger on a booking, we will ask for the child’s identity, profile and traveller data as detailed in the ‘information you give us section’, for the purpose of fulfilling our contracted services, as detailed in ‘how do we use the information’ section.
We will not use this data for any other means, including marketing.

If you are a child under the age of 16, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 16, we will promptly delete that information.

If you believe we have unnecessarily collected personal information from a child under the age of 16, please contact us.

Do we share information with third parties?

We will never sell or rent your personal data, and only share it with third parties in certain limited circumstances, which we will explain below.

As well as sharing your data with suppliers when you have made a booking with us (see ‘How do we use your data?’ above), there are certain circumstances where we need to share your data with third parties to operate and manage our Website, process bookings, and fulfil and deliver our service to you.

We use a select number of trusted external service providers for certain technical data analysis, processing and/or storage offerings. These service providers are carefully selected and meet high data protection and security standards. We only share information with them that is required for the services offered and we contractually bind them to keep any information we share with them as confidential and to process Personal Data only according to our instructions.

Third Party Service Providers we may share data with include; – providers of payment processing services include Stripe and Trust My Travel; – providers of analytics and technology services to help us better understand our users’ needs and to optimize this service and experience, including Google Analytics, Recombee, Segment and Hotjar; – providers of cloud based CRM software to provide customer account maintenance and customer support, such as Intercom; – providers who collect information on our behalf, including as necessary to operate features of the Website, such as customer satisfaction surveys, including Airtable, Typeform and Hello Bar. – providers of cloud based accounting software in relation to management of accounting, including Xero.

We may also provide non-personal data to third parties, where such information is combined with similar information of other users of the Website. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology. The third parties to whom we may provide this information may include our Website design, data analysts, development and hosting contractors.

We may also disclose your personal data to the following recipients:

• If Undiscovered Berchtesgaden Ltd or substantially all of its assets are acquired by a third party, in which case your personal data held by us may be included in the transferred assets (for example, in the form of a database of users of the Website). Similarly, personal data may be transferred as part of a corporate reorganisation, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or court order, or in order to enforce, establish, exercise or defend legal rights, the rights, property, or safety of you, us, our group, or employees;
• To enforce applicable terms of use, including investigation of potential violations as permitted by law;
• To detect, prevent, or otherwise address fraud, security, or technical issues;
• To protect against harm to the rights, property or safety of Us, our employees, our users, customers, or the public as required or permitted by law;

We may also seek your express consent in other circumstances where we would like to share specific items of data with a particular party. We will always be transparent about who we are sharing with and why in these circumstances, and you have full control over whether we may share that data or not.

Where is your data stored and is it secure?

The data that we collect from you will be transferred to, and stored in the cloud. It may also be processed by staff operating outside the EEA who work for us, or for one of our hosts. This includes staff and partners engaged in, among other things, the fulfilment of your booking and the provision of support services.

By submitting your personal data, you agree to this transfer, storing or processing, including such transfer storing or processing in any cloud service. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy and the Data Protection Legislation.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

For how long do we store your data?

We store your personal data during the time that you are a customer, for purposes of providing you the services, and for up to seven years after you cease to be a customer. If you have never been a customer, but have consented to receive information or marketing updates from us, we may store your data for up to three years after the last time you used the platform.

We reserve the right to store or delete your personal data earlier or later than set forth herein if required to do so by an applicable law or regulation, including the GDPR and for the exercise or defence of legal claims.

Links to other websites

Our Website may, from time to time, contain links to third party websites. If you follow a link to any of those third party websites, please note that those websites have their own privacy policies and we do not accept any responsibility or liability for those practices. Please check those policies before you submit any personal data to those websites.

Your rights

Undiscovered Berchtesgaden is committed to ensuring that you have control and visibility of your personal data. Below is a summary of your rights and additional commitments. You may exercise your rights by emailing us with a data request.

Right of Access and Rectification

You can review much of your personal data from your account, and you are able to edit that data yourself. You are also able to review and edit the consents you have provided.
If you wish, you can also request a copy of all the personal data we hold about you, and you have the right to request that we correct any inaccuracies in the personal data we hold about you and complete any personal data where this is incomplete.
It is your responsibility to ensure that any information you have provided to us is accurate and up-to-date.

Right to Erasure (‘Right to be Forgotten’)

You are able to request to delete your account, within the profile area of your account or by email.

In doing so, your details will be removed from our systems and you will no longer be able to login to our website. Please note that we must legally hold data related to previously booked trips for 7 years.

If you wish to delete your account and you have booked onto a trip with us that has yet to depart, then you’ll need to delete your account upon your return. You have the right to request that your personal data be deleted in certain circumstances including:

– The personal data are no longer needed for the purpose for which they were collected;
– You withdraw a consent (where the processing was based on consent);
– You object to the processing and there are no overriding legitimate grounds justifying us processing the personal data (see Right to Object below);
– The personal data have been unlawfully processed; or
– To comply with a legal obligation.
However, this right does not apply where, for example, the processing is necessary: – To comply with a legal obligation; or
– For the establishment, exercise or defence of legal claims.

Right to Restriction of Processing

You can ask that we restrict your personal data (i.e., keep but not use) where:

– The accuracy of the personal data is contested; – The processing is unlawful but you do not want it erased; – We no longer need the personal data but you require it for the establishment, exercise or defence of legal claims; or – You have objected to the processing and verification as to our overriding legitimate grounds is pending.
We can continue to use your personal data:
– Where we have your consent to do so;
– For the establishment, exercise or defence of legal claims;
– To protect the rights of another; or
– For reasons of important public interest

Right to Data Portability

Where you have provided personal data to us, you have a right to receive such personal data back in a structured, commonly-used and machine-readable format, and to have those data transmitted to a third-party data controller without hindrance but in each case only where:
– The processing is carried out by automated means; and
– The processing is based on your consent or on the performance of a contract with you.

Right to Object

You have a right to object to the processing of your personal data in those cases where we are processing your personal data in reliance on our legitimate interests. In such a case we will stop processing your personal data unless we can demonstrate compelling legitimate interests which override your interests and you have a right to request information on the balancing test we have carried out. You also have the right to object where we are processing your personal data for direct marketing purposes. You can manage you consent settings in your account.

Automated Decision-Making

You have a right not to be subjected to decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affects you other than where the decision is:

– Necessary for entering into a contract, or for performing a contract with you;
– Based on your explicit consent – which you may withdraw at any time; or
– Is authorized by European Union or Member State law.

Where we base a decision solely on automated decision-making, you will always be entitled to have a person review the decision so that you can contest it and put your point of view and circumstances forward.

Right to Complain

You have the right to lodge a complaint with the Data Protection Authority, in particular in your place of residence, place of work or place of an alleged infringement, if you are unhappy with how we are processing your personal data.

We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one month of receipt of your request. We may request proof of identification to verify your request. All requests should be submitted by emailing a data request form.

Changes to our privacy and cookies policies

We reserve the right to change our Privacy and Cookies Policies from time to time at our sole discretion. If we make any changes, we will post those changes here and update the “Last revised” date at the top. Where you have previously consented to our use of your personal data, your continued use of the website after we make changes is deemed to be acceptance of those changes, so please check the Privacy and Cookies Policies periodically for updates. If we consider the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy and cookies policy changes). We will also keep prior versions of the Privacy and Cookies Policies in an archive for your review.

Contact us

If you have any questions, comments, requests and complaints regarding our Privacy and Cookies Policies and the information we hold, please contact us by email a data request or call us at +44(0)7725 971 685. Our UK postal mail address is:
Undiscovered Berchtesgaden Ltd, 26 Park Road, Sherington, Buckinghamshire, MK16 9PG, United Kingdom