Sportsparadise Switzerland AG, with its registered office at Burgstrasse 18, 3600 Thun, Switzerland (" Sportsparadise Switzerland " or " we") operates a booking and brokerage platform that is accessible via the www.sportsparadise.com website, related websites, partner and affiliate websites, apps, tools, platforms or other facilities (" Platform "). The Platform enables tour operators, activity providers and accommodation (" Supplier ") to offer sports activities, sports events and accommodation (" Service(s) ") to end customers (" Customer(s) ") and to conclude contracts for such services directly with the Customers.
Sportsparadise Switzerland only makes the Platform available so that Suppliers can offer their services and sell them directly to Customers. Sportsparadise Switzerland acts as an intermediary authorised and designated by the Provider and can therefore never be considered a party to a contract through which a customer purchases services from the Provider.
1. Scope of application of these general terms and conditions
2. Registration of the Supplier
2.2 Sportsparadise Switzerland is not responsible for verifying the identity, authenticity or legitimacy of the person entering into this contract.
2.3 The Supplier offers and provides its services as an entrepreneur in accordance with the relevant tax provisions of the applicable VAT law and the practices and wishes of the tax authorities. The Supplier concludes the relevant contract with Customers in the exercise of his business or self-employed professional activity.
3. The Service of Sportsparadise Switzerland
3.1 The Supplier authorises Sportsparadise Switzerland, directly and indirectly through the use of subagents, (i) to offer services to customers in the name of the Supplier, (ii) to conclude contracts with customers in the name and on behalf of the Supplier, (iii) to collect payments from customers for the services. Supplier also authorizes the payment service provider of Sportsparadise Switzerland ("Payment Service Provider") and any other third party authorized by us to process data required to enable the transfer of funds to and from Supplier's payment instruments or accounts, or otherwise required for the operation of the Platform.
3.2 Sportsparadise Switzerland facilitates the negotiation of sales of services between customers and Suppliers via the platform, which helps to increase the goodwill of the Supplier, promote the services of the Supplier and generally encourage customers to make bookings with Suppliers.
4. Obligations of the Supplier
4.1 The Supplier represents and warrants that all information relating to its Offer is true, accurate and not misleading at all times. The Supplier must update the uploaded information in a timely manner as required to ensure the accuracy of the information provided. The Supplier can be held liable for all claims of customers based on alleged inaccuracies of the uploaded information as displayed on the Platform (e.g. information about services or prices). The Supplier is responsible for the accuracy of the information in the language version as transmitted via their Supplier Account.
4.2 The Supplier represents and warrants that all Services will only be provided in accordance with all applicable laws, in particular the laws of the country in which the Supplier is domiciled and in accordance with all applicable laws of the country in which the Services are provided, and that no rights of third parties will be infringed thereby. In particular, the Supplier warrants (a) to comply with all consumer protection and other protection, information and advice obligations and regulations and (b) to have all official and other permits and licenses as well as insurance policies and the like available that are required in the legal system of the respective country to fulfil the contractual obligations and to instruct its service partners accordingly in accordance with these Terms and Conditions. Upon request, the Supplier shall provide appropriate evidence and documents, including copies of permits and licenses. In the event of an alleged failure to perform the services provided by the Supplier, the Supplier shall immediately and at its own expense cooperate with administrative authorities or competition/consumer protection associations.
4.4 The Supplier represents and warrants that all employed guides and/or employees hold the legal licenses and meet all necessary legal requirements, including professional qualifications and licenses. The Supplier is fully responsible for the conduct of the Guide and/or employee towards customers or other persons using the Services lawfully.
4.5 The Supplier may only offer its own service via the Platform. The Supplier may not offer services as an intermediary or agent. If the Supplier nevertheless acts as an intermediary or agent, he/she will be treated as a party to the contract and will be liable for any damages incurred. The Supplier must be prepared to provide the service offered. It is not permitted to upload fake services.
4.6 The tariffs, availability, amenities and restrictions on your service and the mandatory fees you make available through the Platform must be equal to or better than what you make available through your own channels or through third party channels. Customers booking a service through the Platform will be treated at least as well as customers booking through your own or third party channels.
4.7 The Supplier must take out comprehensive general liability insurance that covers all services offered via the platform. It is mandatory to agree an insurance sum that is appropriate for the given booking volume and risk. The general liability insurance must also cover possible recourse claims by Sportsparadise Switzerland. The details of the general liability insurance must be documented electronically and uploaded to the provider account. This includes: Name and address of the general liability insurance, number of the insurance policy and the sum insured. Sportsparadise Switzerland reserves the right to inspect the insurance policy on request and to demand proof of payment of the insurance premium. The Supplier will immediately update the uploaded information to ensure the accuracy of this information at all times.
4.8 The prices which the Supplier makes available for its offers and services via the Supplier Account must include and separately indicate VAT, sales taxes and other applicable national, state, provincial, municipal or local taxes or duties. It is not legitimate to require customers to pay further salaries, taxes, fees, commissions or to cover other expenses in the performance of the service.
4.9 The Supplier is obliged to provide Customers with a proper invoice that meets all applicable tax requirements.
4.10 The Supplier grants Sportsparadise Switzerland the right to change the date, time or language of the service and the number of people visiting the service free of charge up to two hours after a Customer has booked a service, if other dates, times or languages are available for the booked service.
5. Procedure for booking
5.1 All visitors to the platform will have the opportunity to view the services offered without prior registration. If the Visitor is interested in a particular service, he makes a booking and the Supplier is duly informed of such a requested booking.
5.2 Manual booking processing ("On-Demand")
Unless otherwise mutually agreed, the Supplier has a period of 24 (twenty-four) hours after receipt of the booking request in his e-mail box to accept the request. If the request is accepted, the contract between the Supplier and the Customers comes into force and the booking is confirmed.
5.3 Sportsparadise Switzerland is not responsible for the accuracy and/or completeness of customer-related data.
6. The booking offers of the Supplier
6.1 The Supplier will enter the data of the services into the Supplier account. He is responsible for ensuring that the information provided is always up to date. Revised, deleted or invalid services must be deleted immediately.
6.2 The description of the Services must clearly state that the Supplier offers the Services in its own name and under its own responsibility. The Services must be offered under the generally used company and brand name. It must not give the impression, either directly or indirectly, that Sportsparadise Switzerland is the Supplier of the services or that Sportsparadise Switzerland has checked the quality of the services offered or otherwise emphasized their quality.
6.3 Sportsparadise Switzerland is entitled to grant members of a closed user group a discount on the service price - at its own expense up to the amount of the commission.
7. Displayed content & intellectual property
7.1 The Supplier grants Sportsparadise Switzerland a non-exclusive, royalty-free and worldwide right and licence (or sub-licence, if applicable):
7.1.1 to use, reproduce, duplicate, distribute, sublicense, communicate and make available in any manner whatsoever and to display the intellectual property rights to and in the Content transmitted via the Supplier account in accordance with these terms and conditions and which are necessary for Sportsparadise Switzerland to exercise its rights and fulfil its obligations under these terms and conditions;
7.1.2 to use, reproduce, have reproduced, process, distribute, sublicense, display and exploit the Content provided (including but not limited to publicly performing, modifying, adapting, communicating, reproducing, copying, translating and making publicly available in any manner whatsoever)
7.2 Sportsparadise Switzerland may sublicense, make available, disclose and offer this content (including the corresponding intellectual property rights) of the Supplier and all other rights and licenses set forth in this agreement through or in cooperation with (the websites, apps, platforms, tools or other devices of) affiliated companies and/or third parties.
7.3 In no event shall Sportsparadise Switzerland be liable to the Supplier for acts or omissions of third party platforms. Supplier's sole remedy with respect to such third party platforms is to (a) require Sportsparadise Switzerland (which has the right, but not the obligation, to disable and disconnect the connection to such third party platform, or (b) terminate this agreement, all in accordance with the provisions of these terms and conditions.
7.4 The Supplier is liable for claims of third parties in connection with copyright violations of content that he has made available to Sportsparadise Switzerland (see also section 21. Supplier liability and indemnification).
8. (Online) marketing and PPC advertising
8.1 Sportsparadise Switzerland is entitled to advertise the services of the Supplier using the name(s) of the Supplier in online marketing, including e-mail marketing and/or pay-per-click (PPC) advertising.
8.2 It is at the sole discretion of Sportsparadise Switzerland how Supplier's services are advertised on the platform or on third-party websites and online affiliate networks, including but not limited to ranking and promotion.
8.3 The Supplier is aware of the working methods of search engines, such as content spidering and URL ranking. Sportsparadise Switzerland agrees that, if the Supplier becomes aware of conduct by third-party platforms that violates the intellectual property rights of the Supplier, the Supplier will inform Sportsparadise Switzerland in writing and in detail about the conduct and will ensure Sportsparadise Switzerland, within the scope of what is economically reasonable, that the third party concerned takes the necessary steps to remedy the violation.
8.4 The Supplier undertakes not to target the Sportsparadise Switzerland brand directly through keywords purchases that use the intellectual property rights of Sportsparadise Switzerland.
8.5 Sportsparadise Switzerland conducts online marketing campaigns at its own expense and at its own discretion.
9. Responsibility for content
9.1 The Supplier is responsible for content transmitted via the Supplier account, such as descriptions of services, contributions, etc. Sportsparadise Switzerland treats such content as external content. Sportsparadise Switzerland also treats customer content, such as comments, ratings, etc. as external content and excludes liability.
9.2 If Sportsparadise Switzerland is made aware of content, or if Sportsparadise Switzerland discovers content that does not comply with these terms and conditions or other legal provisions, Sportsparadise Switzerland may delete such content in part or in full, unless the violation of these rules is remedied by the Supplier within two days of our notification. If the abusive content originates from a Supplier, Sportsparadise Switzerland is entitled to block or delete access to the respective Supplier account. Before blocking a Supplier account, Sportsparadise Switzerland will always consider the mutual interests in the respective case.
9.3 The Supplier may only upload content and data for which he has the corresponding has rights. Such information may not abuse the personal rights of customers, third parties, etc. and must comply with applicable competition laws and other legal requirements.
10.1 The Supplier can choose between three cancellation fees when recording his services. In principle, the following cancellation fees may be charged by the Supplier:
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.
10.2 In the event of cancellation of a booking by the Supplier for any reason whatsoever, the Supplier is obliged to refund the Customer the full price of the Service, unless otherwise agreed between the Supplier and the Customer.
10.3 Sportsparadise Switzerland undertakes costly and intensive efforts to market services to customers. If the Supplier unjustifiably or negligently fails to provide or cancels services booked by customers, the provider agrees that Sportsparadise Switzerland may (i) refund the full amount to the affected customer and (ii) deduct the amount of the refund plus a contractual penalty from any amount due to the Supplier. The contractual penalty is twenty percent (20%) of the gross sales price of the service on the platform for each affected Customer. Sportsparadise Switzerland may, at its own discretion, waive this contractual penalty in whole or in part if the Supplier offers the affected customers an alternative but equivalent service at the same time.
10.4 In the event of "force majeure", i.e. circumstances beyond the reasonable control of the parties, including but not limited to natural disasters, war, acts of terrorism, interruption of power supply and strikes, either party may suspend or terminate this agreement. In addition, the Supplier allows Customers to cancel bookings made for a full refund if a situation of force majeure occurs at the destination, regardless of whether the Supplier continues to provide services during the affected period. Sportsparadise Switzerland will process the refunds and forward them to the affected customers. If the Supplier cancels the service due to the occurrence of force majeure, he must inform the customer service of Sportsparadise Switzerland immediately.
11. Complaints from customers
Complaints or claims relating to (the service offered, provided or made available) by the Supplier or specific requests from customers must be processed by the Supplier, as Sportsparadise Switzerland is not responsible and disclaims any liability in relation to such claims from customers. Sportsparadise Switzerland may, at any time and at its own discretion, (a) offer a customer support services, (b) act as an intermediary between Supplier and customer, (c) - at the expense and risk of Supplier - provide an alternative service of the same or better standard in the event of overbooking or other material irregularities or complaints with respect to the service offered or provided, or (d) otherwise assist customers in communicating with provider or in legal actions against Supplier.
12. Commission payment and intermediation fees
12.1 The Supplier undertakes to pay Sportsparadise Switzerland a commission for the mediation of bookings. The amount of the commission is 10% and is exclusive of any statutory value added tax. The commission is deducted from the gross amount charged to customers as the sales price for the service on the platform in the agreed currency.
12.2 The Supplier agrees to pay Sportsparadise Switzerland a referral fee for referred customers. The mediation can take place by telephone, mail or by link to the website operated by the Supplier. The amount of the referral fee per referred lead is CHF 0.80 and is exclusive of any statutory value added tax. The brokerage fee amounts to a maximum of CHF 800 per month.
12.3 The commission and brokerage fee for Sportsparadise Switzerland will be invoiced regularly (1 time per month) at the rates paid by the customers. Any taxes and other expenses to be paid by the provider will not be compensated separately. Bank charges and other transaction costs are at the expense of the provider.
13. Booking process and invoice fees
13.1 After a booking request has been successfully sent by the user, the Supplier is informed of the booking in an e-mail and via his Sportsparadise Dashboard and requests the user to accept or reject the request as quickly as possible.
13.2 As soon as the booking request is accepted by the Supplier, the amount due is reserved on the credit card of the Customer. If the Supplier rejects the booking request, the reserved amount on the Customer's credit card will be released immediately.
13.3 The binding contract shall come into effect upon acceptance of the booking request by the Supplier.
13.4 The Supplier shall be independently responsible for the collection of the service provided. The Customer handles the payment of the purchased service directly with the Provider. After payment, the amount reserved by Sportsparadise Switzerland will be released again on the customer's credit card.
15. Direct communications
For the exchange of messages between customers and suppliers that are not intended for the general public, Sportsparadise Switzerland offers the "Request" function. The direct messages serve exclusively to provide information about the service offering and its execution. Personal messages or messages that do not concern the service cannot be exchanged via the direct messages function. Contracts and cancellations cannot be executed or negotiated via the Direct Messages function. Sportsparadise Switzerland is expressly entitled to monitor direct messages and to delete those that do not meet these criteria.
16. Rules for customer-related communication
16.1 The Supplier may not refer customers or subcontractors to his own external internet website, a website or platform of a third party or otherwise provide information for making contact outside the platform, either in his service description or in the forum or via a private direct message.
16.2 The Supplier is obliged to process all customer enquiries etc. received via Sportsparadise Switzerland exclusively on the platform. The Supplier will not directly or indirectly request customers or sub-agents who have made contact via Sportsparadise Switzerland to book a service outside the platform. Requests from interested parties or subagents who have made contact via Sportsparadise Switzerland to book a service outside the platform will be referred to the platform by the Supplier.
17. Rating system
Once a service has been fulfilled, customers have the opportunity to rate a booked service using the Sportsparadise Switzerland rating system. The aim of the rating system is to provide meaningful and accurate feedback and profiles of the Suppliers in terms of performance, reliability and trustworthiness. These profiles can be viewed by every customer on the platform. All content made available in this rating system is exclusive content of Sportsparadise Switzerland. The Supplier is not permitted to publish ratings on its own website or third-party websites without the prior written consent of Sportsparadise Switzerland.
18. Data protection
The Supplier agrees that it has and will maintain, or will implement and maintain, appropriate security procedures and controls to prevent the inadvertent disclosure of, and unauthorised access to, or misappropriation of, a Customer's personal data or information. Neither the Supplier nor its affiliated companies may participate, directly or indirectly, in any requested or unsolicited marketing, advertising or similar communications with a Customer without the consent of a Customer who has booked through the Platform. The Supplier will process, store, transmit and access all customer-related information containing payment information (including but not limited to credit card, debit card or bank account information) in accordance with applicable law, including but not limited to the data security rules of the Payment Card Industry Data Security Standard for the protection of credit and debit cardholder information applicable to the Supplier and the EU Data Protection Directive (and all laws promulgated thereunder), as amended, updated, replaced or supplemented from time to time. Upon request by Sportsparadise Switzerland, Supplier will provide evidence that it has implemented and maintains technical and organizational security measures for the processing of personal data in accordance with this section.
19. Assurances and warranties
In addition to all other representations and warranties made by the Supplier in these Terms and Conditions, the Supplier hereby represents and warrants that (a) the Supplier authorises the person entering into these Terms and Conditions on behalf of the Supplier to take such action on the Supplier's behalf, (b) this Agreement constitutes a valid and binding obligation enforceable against the Supplier under its Terms and Conditions, (c) the performance of the Supplier's obligations under these Terms and Conditions does not breach any agreement or commitment between the Supplier and any third party, (d) the performance of the Supplier under these Terms complies with the Terms; (e) the Supplier has all licences, permissions and authorisations required to make its service available for booking via the Platform and to otherwise fulfil the obligations of the Supplier under these Terms; (d) the Supplier is the owner of all intellectual property rights uploaded via the Supplier account or has been authorised by the owner of such rights to upload and license such rights via the Platform.
20. Liability of the provider and indemnification
The Supplier agrees to indemnify, defend and hold harmless, at its own expense and on an after-tax basis Sportsparadise Switzerland, any of its subsidiaries and any of its officers, directors, employees or agents, or the distributors of Sportsparadise Switzerland, from and against any and all claims, actions, losses, damages, expenses or other liabilities of third parties (including, without limitation, attorneys' fees and disbursements) arising out of or in connection with (a) the Supplier's services, (b) the performance of the duties and obligations of the Supplier under this agreement or any breach or non-performance of the duties and obligations of the Supplier under this agreement, including but not limited to the breach of any representations, warranties or covenants; or (c) allegations that the use, reproduction, distribution or display of the information on the service by Sportsparadise Switzerland or any of its affiliates as permitted under this agreement infringes or misuses the intellectual property rights of any third party. The Supplier agrees to use legal counsel satisfactory to Sportsparadise Switzerland to defend against any claim for compensation, and Sportsparadise Switzerland may at any time participate in the defense or settlement of any claim by using attorneys selected by Sportsparadise Switzerland. The Supplier also agrees not to consent to the registration of a settlement or judgment without the prior written consent of Sportsparadise Switzerland, which will not be unreasonably withheld by Sportsparadise Switzerland.
21. Limitation of liability of Sportsparadise Switzerland
21.1 Sportsparadise Switzerland makes no representations or warranties with respect to the platform, including any temporary or permanent interruption of the operation of the platform.
21.2 Sportsparadise Switzerland bears no risk with regard to the number, frequency or type of services booked via the platform.
21.3 The liability of Sportsparadise Switzerland under the terms and conditions is limited as follows:
Sportsparadise Switzerland is fully liable for damages caused intentionally or through gross negligence by Sportsparadise Switzerland, its legal representatives or executives, as well as for damages caused intentionally by other vicarious agents; for gross negligence of other vicarious agents, Sportsparadise Switzerland is liable in accordance with the provisions for simple negligence under (d) below.
Sportsparadise Switzerland has unlimited liability for damages resulting from injury to life, body or health that are caused by intent or negligence of Sportsparadise Switzerland, its legal representatives or vicarious agents.
In the event of product liability, Sportsparadise Switzerland is liable according to the Swiss product liability law.
Sportsparadise Switzerland is liable for damages caused by the violation of its main obligations by Sportsparadise Switzerland, its legal representatives or vicarious agents. Main obligations are such basic obligations that constitute the essence of the contract, that were decisive for the conclusion of the contract and on whose fulfilment the licensee may rely. If Sportsparadise Switzerland violates its main obligations through simple negligence, the resulting liability is limited to the amount that was foreseeable for Sportsparadise Switzerland at the time of service provision.
21.4 Sportsparadise Switzerland is liable for the loss of data only up to the amount of the typical restoration expense that would have been incurred if data had been properly and regularly backed up.
21.5 Any further liability on the part of Sportsparadise Switzerland is excluded on this basis.
22. Termination and termination
22.1 The Agreement is concluded for an indefinite period.
22.2 The provider and Sportsparadise Switzerland may terminate the contract at any time and without giving reasons. A notice of termination must be sent by e-mail to [email protected] Any remaining confirmed bookings will be executed as planned.
22.3 If there are concrete indications that a provider is culpably violating legal provisions, the rights of third parties or the GTC, or if Sportsparadise Switzerland otherwise has a justified interest, particularly in protecting customers or other providers from fraudulent activities, Sportsparadise Switzerland is entitled to take one or more of the following measures, whereby the respective interest of the provider must be taken into account in a reasonable manner in the respective case
- issue a warning to the provider;
- delete offers or other content of the provider;
- restrict the use of the Site by the Provider;
- exclude (block) the Provider temporarily or permanently from the Website;
- Challenge and cancel existing bookings on behalf of the Provider without respecting the applicable cancellation policy and reject offers from Customers to enter into a contract on behalf of the Provider.
Sportsparadise Switzerland reserves the right to amend this contract at any time and to introduce new or additional terms and conditions. Sportsparadise Switzerland will inform the provider of any changes in this contract by sending a message to his provider account. If the provider does not accept such changes or new or additional terms and conditions, it may terminate this contract by written notification to Sportsparadise Switzerland. If the provider does not exercise his right to terminate this contract within 30 (thirty) days of notification of a change or new or additional terms and conditions of this contract, this will be deemed acceptance of such changes.
24. Final provision
24.1 No subsidiary agreement has been made. All amendments and additions to this contract must be made in writing to be legally effective.
24.2 Should individual provisions of this contract be or become invalid or void, the validity of the remaining parts of the contract shall remain unaffected. Ineffective or void provisions shall be replaced by provisions that are suitable for achieving the same purpose, taking into account the interests of both parties.
24.3 The claims of the provider under this contract may not be assigned or transferred to third parties without the prior written consent of Sportsparadise Switzerland.
24.4 Sportsparadise Switzerland is entitled to assign and transfer its rights and obligations under this contract to affiliated companies.
24.5 This Agreement is governed by the laws of Switzerland. The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with the services provided is the registered office of Sportsparadise Switzerland AG, currently in 3600 Thun, Switzerland.