GENERAL TERMS AND CONDITIONS FOR CUSTOMERS VERSION 1.0 - 19.06.2023.
ORIGINAL VERSION IS THE GERMAN VERSION
1 SCOPE OF APPLICATION Swiss Activities AG, Seestrasse 21, 8703 Erlenbach ("Operator") operates the website and travel platform https://www.swissactivities.com ("Platform"), which enables customers, visitors and users of the Platform (each a "Customer") to book travel-related services and activities (the "Services") from providers of such services (each a "Provider"). These General Terms and Conditions for Customers ("Terms") govern the relationship between the Operator and the Customer and all types of use of the Platform. For the use of the Platform by Providers, the relevant Provider Provisions shall apply in addition. By using the Platform, each Customer declares to have accepted these Terms and to have read and understood the Privacy Policy. The Provider's services to the Client are provided on the basis of a separate contract to be provided by the Provider between the Provider and the Client (the "Client Contract"). The Provider shall be solely responsible for all rights and obligations under the Client Contract and for the provision of the Service.
2 BOOKINGS & CANCELLATIONS
Customers may view the description of the Providers' Services on the Platform and submit a request to book the Services for a specified number of persons and a specified date and time in accordance with the availability displayed (a "Request"). The Request will be automatically forwarded to the Provider's email address. Unless otherwise specified by the Provider in the Customer Agreement, the Request shall be binding on the Customer for 24 hours and the Provider shall either confirm the Request to the Customer by email or send a rejection notice to the Customer within that timeframe. If the request is confirmed, the Client Contract is concluded.
Unless otherwise specified by the Provider in the Client Contract, the Client may cancel the Client Contract free of charge up to 24 hours before the specified start of the Service. In the event of cancellation thereafter or failure of the Client to appear at the specified date and place, the full price shall be payable. The Provider may cancel the Services only for reasons clearly stated in the description of the Services and in the Client Contract (e.g. insufficient number of participants or bad weather) and in any case only with prior notification of the Client. In case of cancellation, the provider offers the client a full refund. In the event of unjustified cancellation, non-performance or performance of the Services not in accordance with the description, the Client may request a full or partial refund.
3 FEES AND PAYMENT
All fees for Services (the "Service Fee") are payable by the Client via the payment options available on the Platform and within the specified time limits. Upon expiry of the Deadline, the Client shall be in default without further notice and the Provider shall be entitled to charge up to CHF 50 per reminder as reminder fees as well as interest of 5% per annum.
4 COMMUNICATION WITH THE PROVIDER
The Client may only communicate with the Provider via the Platform or provide the Provider with direct contact details. Any direct communication not related to the provision of the Services is prohibited. The Provider may monitor communications and delete any messages used to circumvent the messaging function of the Platform.
5 RATINGS Customers may provide reviews of the Services through the Platform. Operator may respond to reviews and flag inappropriate reviews. The Provider shall decide, at its sole discretion, whether to delete or redact any inappropriate reviews.
6 RESTRICTIONS Customer is expressly prohibited from doing any of the following: - selling, sub-licensing and/or otherwise commercialising any Platform Content - using the Platform in a manner that harms or may harm this Platform - using the Platform in a manner that interferes with other providers' or customers' access to the Platform - using this Platform contrary to applicable laws and regulations or in a manner that harms or may harm the Platform or any person or entity - engaging in data mining, data harvesting, data extracting or other similar activities in relation to this Platform or while using this Platform.
7 LIABILITY OF THE OPERATOR.
The provision and subscription of the Services is based solely on the Customer Agreement between the Provider and the Customer and the Operator disclaims any liability in respect thereof. The Platform is provided 'as is' and the Operator makes no warranties in relation to the services provided or the timeliness, accuracy or completeness of the information provided by the Providers. To the extent permitted by law, the Operator shall not be liable for any loss or damage arising out of or in connection with the Platform.
8 INTELLECTUAL PROPERTY The Operator and its licensors own and retain all right, title and interest in and to the Platform, including trademarks, logos and user-generated data and content. The Customer is granted a licence to use the Platform in accordance with these Terms, subject to the limitations provided in these Terms.
9 DATA PROTECTION
The Operator and the Provider shall take reasonable organisational and technical measures to protect all Customer Information and shall process and use Customer Information only in accordance with applicable data protection laws and the Privacy Policy.
10 CHANGES The Provider reserves the right to amend these Terms and Conditions at any time. To the extent that the customer has a user account, the changes shall be deemed accepted unless the operator is notified in writing of the disagreement within 30 days of notification of the change. In such a case, the operator may, at its own discretion, block the user account or continue it on the basis of the previous conditions.
11 VARIA Entire Agreement: These Terms constitute the entire agreement and supersede all prior agreements between the parties with respect to the subject matter hereof. Notices: Notices under this clause shall be given in writing to the last notified or available address. "In writing" includes email unless expressly stated otherwise. No Assignment: Neither party shall assign any of its rights, obligations or claims under these Conditions. Severability: If any provision of these Terms is found to be illegal, invalid or otherwise unenforceable (in whole or in part), the other provisions shall remain in full force and effect mutatis mutandis. Applicable Law & Jurisdiction: These Terms shall be governed by and construed in accordance with Swiss substantive law and shall be subject to the exclusive jurisdiction of the courts of the City of Zurich.