Sportsparadise Switzerland AG makes this booking platform available to visitors and providers of tourism services as part of a brokerage service. sportsparadise Switzerland AG also makes this booking platform available to certain cooperation partners (sub-brokers/cooperation partners) for booking or further brokerage of tourism services of the providers. Use of this booking platform by sub-brokers or cooperation partners requires a separate contractual agreement and is not permitted without prior written authorisation by Sportsparadise Switzerland AG.
Contracts for tourism services are concluded directly between the users of this booking platform and the providers of tourism services. If users book via a connected partner platform or if a sub-broker makes a booking on behalf of a user of a connected partner platform, a corresponding contract is concluded directly between this user and the provider. Sportsparadise Switzerland AG is not a party to the contract with respect to the tourism services offered on this booking platform.
1. Who operates this website?
This website (including all sub-pages and contents as well as displayed texts, images, videos, services and other information; collectively referred to as the "Website") is provided by Sportsparadise Switzerland AG, Burgstrasse 18, 3600 Thun, Switzerland. You can contact Sportsparadise Switzerland AG by e-mail (http://sportsparadise.pro/contact) or by telephone at the following number:
Switzerland: +41 77 982 29 39
3. No request for use
4. No warranty
Although Sportsparadise Switzerland AG endeavors to ensure the accuracy of the content displayed on or through the website, Sportsparadise Switzerland AG makes no warranty, either express or implied, regarding the completeness, accuracy, reliability or timeliness of the content of this website or its suitability for any particular or other purpose (including all third-party information). Sportsparadise Switzerland AG reserves the right to change, supplement or remove the content of this website and its structure and function at any time and without notice at its own discretion, without removing outdated content or marking it as such. Sportsparadise Switzerland AG may block access to the website in whole or in part for users or make access dependent on the fulfilment of certain conditions. Sportsparadise Switzerland AG makes no warranty, either express or implied, regarding the availability of the website or its functions or its freedom from defects. This also does not include any guarantee that the website and its underlying infrastructure is free of viruses and other harmful software. In addition, Sportsparadise Switzerland AG does not guarantee that the content of the website has not been changed by technical defects or by unauthorised third parties.
5. Limitation of liability for Part I of the GTC
The liability of Sportsparadise Switzerland AG, its legal representatives and independent contract partners, its own and third-party employees and managers, as well as liability for damages in connection with your access (or the impossibility of access) to the website or for any errors or omissions or achieved results from the use of the website, regardless of the legal basis, is excluded; this does not apply to liability for intentional or grossly negligent damages and only to the extent permitted by applicable law. Consequently, limitations of liability do not apply within the scope of guarantees given, in the event of injury to life, body or health, or for claims under the Product Liability Act.
6. Third party content, links to other websites
Sportsparadise Switzerland AG assumes no responsibility for third-party content (including bookable activities and accommodations and related information), insofar as this is offered via the website, or for content that is linked or referred to on the website. Sportsparadise Switzerland AG does not recommend or endorse such content and assumes no liability for it. If Sportsparadise Switzerland AG links to third-party websites, the use of such websites is at your own risk. Sportsparadise Switzerland AG therefore recommends that you read the guidelines of the relevant websites and check the information they provide on the processing of personal data. If you suspect illegal content on the website, please send an e-mail to [email protected]
7. Limited permission for the Sportsparadise Switzerland app
8. Property rights
Between you and Sportsparadise Switzerland AG, the website is and remains protected by copyright and/or other intellectual property rights (including competition law). You do not acquire any rights to the website and to any names, trade names and marks of any kind (including trademarks) published on the website. You may access and display the Website, but you may not incorporate the Website into other websites or copy, display, license, publish, download, upload, post, transmit or otherwise make the Website available to others without our prior written consent.
10. Applicable law and place of jurisdiction
Swiss law applies. If you have made the use as a consumer and have your habitual residence in another country at the time of your use, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1. The exclusive place of jurisdiction is the headquarters of Sportsparadise Switzerland AG, currently in Thun.
Sportsparadise Switzerland AG
II Sportsparadise Switzerland AG - User GTC for the online offer of the Sportsparadise Switzerland platform
1.1 Sportsparadise Switzerland AG, Burgstrasse 18, 3600 Thun, Switzerland operates a brokerage platform for tourism offers as an online offering via the Internet and apps (hereinafter jointly referred to as "Sportsparadise Switzerland platform"). On the Sportsparadise Switzerland platform, users have the opportunity to find and book tourist tours, activities and experiences in combination with overnight stays related to sport, wellness and health around the world. The online offer includes guided sports activities, sports events, wellness stays, active holidays, cures and other services. The offers are put online by a large number of local providers or accommodations all over the world, with whom the respective contract for the tourist service is also concluded ("Service Agreement"). Information on the services of the providers or accommodations can be called up and orders can be placed via the Sportsparadise Switzerland platform.
1.2 Sportsparadise Switzerland AG is aimed equally at consumers and businesses. The following applies for the purposes of these GTC:a. A "consumer" is any natural person who concludes the contract for purposes that cannot be predominantly attributed to a commercial or independent professional activity.b. An "entrepreneur" is a natural or legal entity or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.c. "User" is a natural person unless it is expressly registered as a legal entity with Sportsparadise Switzerland AG. Any use of acts and omissions under the registration of a legal entity will be attributed to the natural person, except within the scope of his power of attorney for the legal entity. "User" hereinafter also includes users mediated by sub-brokers.
4. Services of Sportsparadise Switzerland AG/conclusion of contract
4.1 After the user has entered his or her service preferences on the Sportsparadise Switzerland platform (e.g. destination, type of activity, start time, number of participants), Sportsparadise Switzerland AG displays to the user information on the services of providers and accommodations ("service information"). On the basis of this information, the user can, if necessary after checking availability, submit a contractual offer through his order for forwarding to the respective provider or accommodation, with sub-brokers acting on behalf of the brokered user. This is done after selection and transfer to the shopping cart by clicking on the "book subject to payment" button.
4.4 Sportsparadise Switzerland AG will provide the user with a booking confirmation in the name and on behalf of the provider or accommodation as well as a payment confirmation. Use of the Sportsparadise Switzerland platform itself is generally free of charge for the user. The user bears the costs of technical access to the Sportsparadise Switzerland platform (e.g. Internet access). Sportsparadise Switzerland AG is entitled to collect the invoiced amounts in the name and on behalf of the provider. Overnight stays in accommodations will be paid for on site at the respective accommodation upon commencement of travel. The amount reserved on the credit card used for the booking is thus not charged and released again.
4.6 Sportsparadise Switzerland AG assumes no warranty for the accuracy of forwarded data or for the provision of services by the provider or accommodation, since all information displayed and forwarded is based on data from providers, accommodations or third parties that Sportsparadise Switzerland AG cannot verify in detail.
5. Payment at Sportsparadise Switzerland
5.1 The service agreement with the provider or accommodation applies to the remuneration to be paid by the user for the services of the provider or accommodation.
5.2 Sportsparadise Switzerland AG is entitled to collect the invoiced amounts in the name and on behalf of the provider, unless the provider's invoice expressly states otherwise. If claims are to be paid by the user in a currency other than his or her national currency (foreign currency claim), Sportsparadise Switzerland AG may demand payment in the user's national currency and convert the foreign currency claim at the current exchange rate at the time the contract is concluded. In return, Sportsparadise Switzerland AG may charge the user an appropriate exchange fee.
5.3 The user's contact person in connection with a service agreement and its remuneration is the respective provider or accommodation as the contractual partner. The user may only assert the repayment of a fee against the respective provider. The provider or accommodation may also process a refund granted by the provider or accommodation through Sportsparadise Switzerland AG. To simplify the process for the user, communication via Sportsparadise Switzerland is recommended.
5.4 To use the payment functions of Sportsparadise Switzerland AG, the user must register. The user must provide payment information truthfully and update it immediately if changes occur. Sportsparadise Switzerland AG may reject payment methods specified by the user. The means of payment permitted for the respective service are displayed to the user in the order process.
5.5 By authorising payment, the user agrees that his payment information may be used to collect payment from the claim holder. Sportsparadise Switzerland AG reserves the right to make the use of the payment function of Sportsparadise Switzerland AG dependent on a review of the user's required creditworthiness.
6. The pricing of Sportsparadise Switzerland AG
6.1 All prices on Sportsparadise Switzerland are displayed per person (for accommodations per room) and include VAT and all other taxes. It is possible that local taxes may be levied locally.6.2 These prices, which are set by the suppliers or accommodations, may be subject to special provisions, for example with regard to cancellations and the refund of payments made. Therefore, please check carefully before making a booking to see whether the relevant service contract is subject to special provisions.
7. Best price guarantee from Sportsparadise Switzerland AG
7.1 Sportsparadise Switzerland AG wants users to pay the lowest possible price for the respective service. If users find the offer booked by them through Sportsparadise Switzerland AG bookable on the Internet at the same terms (city, number of persons, availability) and at a lower price, Sportsparadise Switzerland AG may unilaterally pay users the difference between the lower price booked through Sportsparadise Switzerland AG and the lower price found and available on the Internet by the user on a voluntary basis.
7.2 All special offers and promotions are marked as such.
8. Duties and obligations of the user
8.1 The user will keep registration data (user ID and password) secret and not allow third parties access to his Sportsparadise Switzerland portal login with his registration data. Any use of the Sportsparadise Switzerland portal log-in under the user's registration is attributed to the user.
8.2 After receiving performance information, the user may send any orders to Sportsparadise Switzerland AG for forwarding to the provider or accommodation.
8.3 The user will indemnify Sportsparadise Switzerland AG against claims by third parties arising from his use of the Sportsparadise Switzerland platform, except where these are the responsibility of Sportsparadise Switzerland AG.
9. Availability and warranty
9.1 There is no claim to availability, quality or performance features or technical support for the Sportsparadise Switzerland platform. Sportsparadise Switzerland AG may redesign, restrict or discontinue its Sportsparadise Switzerland platform at any time at its own discretion. Existing agreements between the user and a provider or accommodation, as well as their execution, remain unaffected by such changes.
9.2 Sportsparadise Switzerland AG does not guarantee the accuracy or completeness of data provided by third parties (such as other providers or accommodations).
9.3 Sportsparadise Switzerland AG assumes no warranty for the services offered by providers or accommodations. The user's contact person for questions and claims in connection with a service agreement and its implementation is in each case the provider or the accommodation.
9.4 To the extent that Sportsparadise Switzerland AG has no obligation to the user, Sportsparadise Switzerland AG also assumes no warranty.
10. Liability of Sportsparadise Switzerland AG
10.1 To the extent that Sportsparadise Switzerland AG has not assumed a corresponding contractual obligation through express agreement with the user, it is not liable for the conclusion of contracts with the providers and accommodations to be brokered that correspond to the user's booking request.
10.2 Without express agreement or assurance in this regard, Sportsparadise Switzerland AG itself is not liable with respect to the brokered services for deficiencies in service provision and personal or property damage incurred by the user in connection with the brokered travel service. This does not apply to the brokerage of several main tourist services (in accordance with the legal concept of package tours) insofar as Sportsparadise Switzerland AG gives the appearance that it provides the intended travel services on its own responsibility.
10.3 Any own liability on the part of Sportsparadise Switzerland AG arising from culpable violation of obligations in the brokerage of contracts remains unaffected by the above provisions.
10. 4 The liability of Sportsparadise Switzerland AG for contractual claims of the user is limited to three times the price of the brokered tourism service, except- any violation of an essential obligation, the fulfilment of which makes the proper execution of the brokerage contract possible in the first place or the violation of which endangers the achievement of the contractual purpose- liability for damages to the user from injury to life, body or health, which are based on a negligent breach of duty by Sportsparadise Switzerland AG or an intentional or negligent breach of duty by a legal representative or vicarious agent of Sportsparadise Switzerland AG- the liability of Sportsparadise Switzerland AG for other damages of the user, which are based on a grossly negligent breach of duty by Sportsparadise Switzerland AG or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Sportsparadise Switzerland AG
10.5 For simple negligence, Sportsparadise Switzerland AG is only liable in the event of a breach of an essential contractual obligation and only for foreseeable and typical damages. Material contractual obligations are those whose fulfilment is essential to the proper execution of the contract and on whose compliance the user may regularly rely.
10.6 Limitations of liability do not apply within the scope of guarantees given, in the event of injury to life, body and health and for claims arising from the Product Liability Act.
Users may terminate their registration in the Sportsparadise Switzerland portal at any time by blocking their user account. Sportsparadise Switzerland AG may unilaterally terminate a registration with a notice period of one week. This does not affect any claims that may have arisen previously. The right to extraordinary termination remains unaffected.
12. Evaluation function
12.1 Users have the opportunity to personally influence content on the Sportsparadise Switzerland platform by writing their own experiences in the form of ratings or posting pictures ("user content"). Users are fully responsible for and vouch for the user content they post. They ensure the correctness of the content and guarantee that it does not contain any misleading or inadmissible claims or information. In addition, users guarantee that their content does not infringe any third-party rights. Sportsparadise Switzerland AG does not adopt the user content in any way or context, but merely provides a platform.
12.2 Sportsparadise Switzerland AG may use the user content in various ways. This includes, among other things, display on the website, reformatting, editing for greater clarity or better grammar, inclusion in advertisements or other work.
12.3 Sportsparadise Switzerland AG may remove or repost user content as required and at its own discretion. For example, Sportsparadise Switzerland AG may remove a user content if Sportsparadise Switzerland AG believes that it violates the Sportsparadise Switzerland AG principles for content. Sportsparadise Switzerland AG is not obligated to retain copies of user content or to provide such copies. Sportsparadise Switzerland AG does not guarantee the confidentiality of user content.
12.4 Sportsparadise Switzerland AG, its sub-brokers and its (sales) partners may display advertisements and other information alongside or together with the user content on the website and in other media. Users have no claim to remuneration for such advertisements. We reserve the right to make changes to the nature and scope of such advertisements, and a user does not need to be specifically notified of such changes.
12.5 Users indemnify Sportsparadise Switzerland AG from all claims by third parties in full (including reasonable costs of legal prosecution and defence) and upon first request that these third parties assert against Sportsparadise Switzerland AG with respect to user content posted by the user. This applies even if the disputed content is no longer accessible via the Sportsparadise Switzerland platform. This does not apply if Sportsparadise Switzerland AG is responsible for the infringement. In the event of a claim by third parties, users must provide Sportsparadise Switzerland AG immediately, truthfully and completely with all information required for the examination of the claims and a defence.
13. Data protection
13.1 Sportsparadise Switzerland AG collects and uses personal data from users to the extent necessary for the establishment, content design or modification of the contractual relationship for Sportsparadise Switzerland AG between the user and Sportsparadise Switzerland AG.
13.2 To the extent that Sportsparadise Switzerland AG is involved in communication for a service agreement between the user and the respective provider or accommodation, it will transmit the data required for this agreement to the respective provider or accommodation. This provider or accommodation processes and uses the data on its own responsibility for the purpose of contract initiation, contract conclusion and contract implementation. The identity of the respective provider or accommodation results from the booking dialogue.
13.3 Further information can be found in the data protection provisions of Sportsparadise Switzerland AG at https://www.sportsparadise.club/page/datenschutzrichtlinien
14. Amendment of these GTC
14.1 Sportsparadise Switzerland AG reserves the right to amend these GTC at any time and without giving reasons. Sportsparadise Switzerland AG will only make such changes to consumers that the user must reasonably accept in consideration of mutual interests. This includes, for example, cases of equivalence disruption, but also regulatory gaps and changes in the legal situation. The amended conditions will be sent to the users by e-mail at least two weeks before they come into force. If a user does not object to the validity of the new GTC within two weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. Sportsparadise Switzerland AG will separately inform users of the significance of this two-week period in the e-mail containing the amended terms.
15. Other provisions
15.1 These GTCs are the entire agreement between Sportsparadise Switzerland AG and the user. No other supplementary agreements exist.
15.2 Swiss law applies. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1. The exclusive place of jurisdiction is the headquarters of Sportsparadise Switzerland AG, currently in Thun. Mandatory legal jurisdictions remain unaffected.
15.3 Should provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Sportsparadise Switzerland AG
2. Truthful information
The information transmitted via the Sportsparadise Switzerland platform must be truthful. The provider or the accommodation reserves the right to withdraw from the contract or to exclude users from participation in the service and to claim damages in the amount of the cancellation costs pursuant to section 11 of this Part II of the GTC if incorrect information is provided by the user.
3. Appearance at the meeting place and compliance with regulations
You are responsible for arriving on time at the meeting point you have been informed of. If you are travelling to the activity from abroad, you are responsible for the necessary travel documents (passport etc.), compliance with health regulations etc. If you do not participate in the booked activity without cancellation (no-show) there is no right to a refund.
4. Additional conditions of participation or transport
Insofar as the Provider agrees further conditions of participation or carriage in the contract with you in addition to the general contract conditions pursuant to this Part III, you yourself are responsible for compliance with these additional conditions of participation or carriage. The Provider or the accommodation reserves the right to exclude participants from the activity who do not comply with these conditions.
5. Binding nature of the request
The contract between you or the user referred by you and the provider or accommodation comes into effect upon acceptance of your binding request by the provider or accommodation. By booking a tour or other activity, you submit a binding offer to the provider or accommodation, to which you or the user referred by you are bound for 5 working days. If the Provider or accommodation accepts your offer within this period, the contract is binding. You or the user referred by you will receive this notification by e-mail.
The agreed total price for the service arranged by Sportsparadise Switzerland AG is paid directly to the provider. Upon completion of the booking, the agreed total price will only be reserved by Sportsparadise Switzerland AG on the user's credit card. After the performance of the service by the provider, the reserved amount will be released again and the user's credit card will thus not be charged.
7. Notes on the right of withdrawal
The provider or the accommodation points out that, according to the statutory provisions, there is no right of revocation for contracts for tourism services concluded at a distance (i.e. via theSportsparadise Switzerland platform), but only the statutory rights of withdrawal and termination.
8. Personal responsibility for insurance
Insurance is not included in the price of the services. You yourself are responsible for ensuring that you have sufficient insurance cover. The insurance requirement depends on the booked activity.
9. Unpaid services
Should you or the user you have referred fail to provide the booked service in accordance with the agreed payment due dates, although the Provider or the accommodation is willing and able to provide the contractual services properly and there is no legal or contractual right of retention on your part or on the part of the user referred, the Provider or the accommodation shall be entitled, after issuing a reminder setting a deadline, to withdraw from the contract and to charge you or the user referred by you with withdrawal costs in accordance with Clause 11.
10. Exchange of messages
All messages between you or the user referred by you and the provider or accommodation are made via the Sportsparadise Switzerland platform. In the interests of rapid processing, it is recommended that you use only the forms provided by Sportsparadise Switzerland AG.
11. Cancellation policy
11.1 If you cancel (cancel) the Activity or accommodation stay, the cancellation conditions set out in the product description and on your voucher apply. Sportsparadise Switzerland AG advises the user to read the information in the product description carefully.
11.2 In principle, the following cancellation fees may be charged by the provider or accommodation:
Full refund up to 24 hours before the start of the activity or check-in.
Full refund up to 31 days before the start of the activity or check-in.
80% refund between 30 and 8 days before the start of the activity or check-in.
50% refund between 7 days and 24 hours before the start of the activity or check-in.
90% refund up to 31 days before the start of the activity or check-in.
50% refund between 30 and 8 days before the start of the activity or check-in.
11.3 In any event, you or the User referred by you are at liberty to prove to the Provider or accommodation that the Provider or accommodation has suffered no loss at all or that the loss incurred by the Provider or accommodation is significantly less than the flat rate charged by the Provider or accommodation.
11.4 The provider or the accommodation reserves the right to demand higher, concrete compensation instead of the above-mentioned flat rates if the provider or the accommodation proves that the provider or the accommodation has incurred significantly higher expenses than the applicable flat rate. In this case, the Provider or the accommodation shall be obliged to specifically quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the services.
11.5 Refunds shall be made by the means of payment used. In the case of credit cards with monthly charges, the amount shall be credited at the end of the current billing period. The exact time of the refund depends on the User's credit card contract. Refunds via bank account shall be made within seven bank working days.
12. Extraordinary cancellation
The Provider can cancel the activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other unforeseeable or avoidable external circumstances (in particular events of force majeure) make it impossible or considerably more difficult or endanger the implementation of the activity. In this case the price paid will be refunded.
13. Exclusion of participation
The Provider is entitled not to admit you to an activity or to exclude you from such an activity if you do not meet the requirements for participation in person, if your participation would endanger yourself or others or otherwise disturb the execution of the activity in a lasting way. This applies accordingly to users referred by you. In these cases, the price paid cannot be refunded.
14. Programme changes
Furthermore, the provider reserves the right to make insignificant programme changes if this becomes necessary due to unforeseeable or avoidable circumstances.
15. Further conditions
Further conditions or deviating regulations can be found in the respective invitations to tender.
16. Time zone
The time zone of the Provider or accommodation is decisive for time and deadline calculations.
17. Liability of the tour operator or tourist service provider
The Provider or the accommodation is liable for its services in accordance with applicable law, whereby liability is excluded to the extent permitted by applicable law.
Sportsparadise Switzerland AG
E-mail: [email protected]