TERMS OF USE SWISS ACTIVITIES BROKERAGE PLATFORM FOR CUSTOMERS
VERSION: August 16, 2024
1 SCOPE OF APPLICATION TERMS OF USE & BOOKING AGREEMENT
Swiss Activities AG, Seestrasse 21, 8703 Erlenbach, Switzerland ("Operator") operates a platform for the brokerage of activities in Switzerland, allowing customers, visitors, and users (each a "Customer") of the website https://www.swissactivities.com and the app "Swiss Activities" (both "Brokerage Platform") to book activities in Switzerland (the "Services") from local providers of such services (each a "Provider"). The brokerage platform is a brokerage platform, and the providers are third parties. These terms of use for customers ("Terms of Use") regulate, together with the Operator's privacy policy (https://www.swissactivities.com/datenschutz), the relationship between the Operator and the Customer concerning the use of the brokerage platform conclusively. By using the brokerage platform, these Terms of Use are considered accepted by the Customer.
When booking services from a Provider through the brokerage platform, a separate direct contract arises between the Provider and the Customer (the "Booking Agreement"), on the basis of which the Provider provides the booked services and the Customer receives the service. The Operator is not a party to this Booking Agreement; the Provider is solely responsible for all rights and obligations arising from the Booking Agreement and the provision of the service to the Customer.
2 BOOKINGS & CANCELLATIONS & REQUIREMENTS
A prerequisite for bookings is that the Customer is capable of concluding binding contracts.
Customers can view the description of the services offered by the Providers on the brokerage platform. These are binding offers unless marked "Booking on Request." By booking services for a specific number of persons, a specific date, and a specific time according to the availability displayed by a Provider on the brokerage platform and paying the service fee, a binding Booking Agreement is concluded. The offers marked "Booking on Request" must be requested from the Provider (a "Request"). The request is automatically forwarded to the Provider. Unless stated otherwise by the Provider, the request is binding for the Customer for 24 hours, and the Provider must confirm the request within this timeframe on the brokerage platform or via email to the Customer, or inform the Customer of a rejection. When the request is confirmed by the Provider, it is considered accepted, and the Booking Agreement is concluded.
Unless stated otherwise by the Provider, the Customer can cancel the Booking Agreement free of charge up to 24 hours before the scheduled start of the service. In the case of a cancellation afterward, no-show, or late arrival of the Customer at the specified time Swiss time and place, the full service fee for the booked service remains due.
The Provider may require certain prerequisites for the Customers and participants for the provision of the service (e.g., age, weight, health condition, prior knowledge and/or license, footwear or equipment, ID, insurance). The Provider may refuse to provide the services due to the absence of these prerequisites, provided these are specified in the service description or the Booking Agreement. In the event of such a refusal, the full service fee for the booked service remains due.
The Provider can only cancel the services for reasons stated in the service description or the Booking Agreement (e.g., insufficient number of participants or bad weather). In the event of a cancellation, the Provider offers the Customer a full refund of the paid service fee or an alternative date for the provision of the service, provided the Customer agrees to an alternative date.
In the event of an unjustified cancellation by the Provider, non-performance, or performance of the services in significant deviation from the description, the Customer can also demand a full or partial refund from the Provider.
The Customer has no right to reimbursement of other incurred expenses, such as for travel, equipment, or others.
3 SERVICE FEES & PAYMENT TERMS
The fees including VAT for booked services (the "Service Fee") are to be paid by the Customer via the payment options available on the brokerage platform at the time of booking.
An additional service fee for the Operator's services related to booking processing through the brokerage platform and customer care services are not included in the Service Fee and will be added to the total price.
4 COMMUNICATION WITH THE PROVIDER
The Customer may only communicate with the Provider through the brokerage platform. Any communication outside the brokerage platform regarding the booking of services is prohibited. The Operator may monitor communication and delete any messages that attempt to circumvent the messaging function of the brokerage platform.
5 REVIEWS
Customers can rate the services of the Providers via the brokerage platform. The Operator decides at its discretion on the deletion or anonymization of inappropriate reviews.
6 DUTIES, RESPONSIBILITIES, AND PROHIBITIONS FOR USERS
The Customer is obligated to provide all necessary information completely and accurately and to keep it current at all times.
The Customer is responsible for the confidentiality of the password used for the brokerage platform and for all transactions made through his user account.
The following actions are prohibited for the Customer: (a) using the brokerage platform for purposes other than searching and booking leisure activities, (b) copying or commercializing any content of the brokerage platform or any software contained therein, (c) violating applicable law and good morals (d) violating the rights of Providers and third parties (e.g., through untrue, misleading, damaging, and inappropriate reviews), (e) actions that may harm or restrict the brokerage platform and its functionality; (f) data mining, data harvesting, data extracting, or other similar activities.
7 WARRANTY AND LIABILITY LIMITATION
The brokerage platform is provided "as is." Any liability of the Operator is hereby excluded to the extent permitted by law.
For the descriptions of the services on the brokerage platform, the Provider and not the Operator is responsible. The Operator cannot, therefore, provide any guarantee regarding their correctness and completeness.
The booking and obtaining of the services is based solely on the Booking Agreement between the Customer and the Provider. Any claims related to the booking, obtaining, non-or non-conforming provision of the services must be made directly against the Provider. The Operator assumes no liability for the provision of the services, actions, and omissions of the Provider. The Operator is also not liable for personal or material damages or other expenses arising in connection with the booking, obtaining, non-or non-conforming provision of the service.
The Customer is responsible for damages resulting from violations of these Terms of Use.
8 INTELLECTUAL PROPERTY
The brokerage platform, the software contained therein, as well as the content published on it (photographs, texts, etc.), trademarks, data are the intellectual property of the Operator, the Providers, or their licensors, protected by copyright, trademark law, and other protective rights. Any use of the content for purposes other than searching and booking leisure activities is prohibited.
9 DATA PROTECTION
The Operator's privacy policy (https://www.swissactivities.com/datenschutz) is deemed an integral part of these Terms of Use.
10 CHANGES
The Operator reserves the right to change these Terms of Use at any time. If the Customer has a user account, they will be notified of changes via email or pop-up window in advance. Unless the Customer communicates in writing to the Operator within 30 days after being notified of the changes that they do not agree with the notified adjustments or makes a booking after the change notification, the changes will be considered accepted by them. In case of a rejection of the changes by the Customer, the Customer's user account will be suspended.
The Operator also reserves the right to change the brokerage platform, its functionalities, and the services offered at any time without notifying the Customers.
11 MISCELLANEOUS
Notices from the Operator are deemed validly communicated when sent to the last post or email address provided to the Operator.
"In writing" also includes email.
Neither party may assign their rights, obligations, or claims under these Terms of Use.
If any provision of these Terms of Use (in whole or in part) is found to be unlawful, invalid, or otherwise unenforceable, that provision shall be replaced by a valid provision that most closely reflects the economic purpose intended with the original provision, while the remaining provisions remain fully valid.
12 APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by substantive Swiss law, excluding international conflict of laws and international agreements.
Disputes are subject to the exclusive jurisdiction of the ordinary courts at the Operator's registered office.