These conditions of use were last updated on 2 February 2024.

Scope of Application

These General Terms and Conditions (“General Terms and Conditions” or “GTC”) are applicable to all activities provided by the sole proprietorship “St-Arnaud Productions” (hereinafter “St-Arnaud Productions”) (IDE: CHE-345.895.878), with headquarters at registered office at Birzenmattweg 1, 6045, Meggen. St-Arnaud Productions operates the website www.swissexperiences.com (hereinafter referred to as “Swiss Experiences”).

The www.swissexperiences.com website brings together customers, hereinafter referred to as “customers”, and service providers. customers”, and service providers, hereinafter “providers”. These two groups form the users (hereinafter “Users”) of the website. Swiss Experiences is a platform that brings together customers and providers of high-end experiences in Switzerland, including but not limited to luxury hotel accommodation, health and wellness treatments, Michelin starred dining  and tastings, sports and adventure activities, sightseeing and authentic, immersive cultural attractions. immersive cultural attractions.

The purpose of these general terms and conditions of use is to govern the relations between :

• Swiss Experiences, which brings together customers and providers of experiences in Switzerland, and
  
• The customer, if the customer books one or more online experiences on the  Site; or
• The provider, if the latter has entered into an agreement with Swiss Experiences so that one or more of its experiences to be offered on the Site (together with Swiss Experiences, the Parties and each a Partie).

Swiss Experiences acts as an intermediary between the user and the service provider. All experience bookings are made directly between the provider and the customer. These Terms and Conditions apply to all experience bookings made by Swiss Experiences on behalf by Swiss Experiences on behalf of the service provider, whether through the Swiss Experiences website, www.swissexperiences.com. By accessing and using the Swiss Experiences website, users agree to be bound by the following terms and conditions, which they declare to have read and understood.

Swiss Experiences reserves the right, at its sole discretion, to modify these Terms and Conditions at any time. It is the user’s responsibility to consult them
regularly to keep informed of any changes. The Conditions applicable at the time of conclusion of the contract by users shall apply, unless they have expressly accepted other provisions in writing.

Provider Terms and Conditions

Each experience offered on Swiss Experiences is managed by an independent service provider who has its own terms and conditions of use and sale. These terms and conditions of the service provider are specific to the experience and must be accepted by the customer prior to booking.

It is the customer’s responsibility to read, understand and accept the service provider’s before making a booking. By booking an experience, the customer acknowledges having read and accepted the general conditions of the provider.

Swiss Experiences cannot be held responsible for any loss or damage resulting from the client’s failure to comply with the provider’s terms and conditions. In addition, any dispute or disagreement arising from the provider’s terms and conditions must be resolved directly between the client and the provider. Swiss Experiences is not a party to these terms and conditions and has no obligation or liability in respect of them.

Relationship between Swiss Experiences and the client

• Profile page: Clients can personalise their profile by adding information about themselves and changing their account settings.
• Messaging: Clients can communicate with Swiss Experiences or other users via the integrated messaging system.
• Notifications: Clients will receive notifications of their bookings, comments or other bookings, reviews or other activities on the platform.
• List of their comments: Customers can see all their comments left on different experiences.
• Summary of their bookings: Customers can track the status of their current bookings  view their past booking history and manage future bookings.
• Manage their future bookings.

Customers are fully responsible for the security of their account and password.

Swiss Experiences cannot be held responsible for any loss or damage resulting from the client’s failure to comply with this security clause.

Conclusion of the contract

The booking contract is concluded when the customer accepts the experience offered on the Swiss Experiences website. The contract is concluded between the service provider offering the experience and the customer booking it. Swiss Experiences acts as an intermediary and offers a site on which the provider’s experiences are presented to the client.

In all cases, the contract is concluded when the client accepts the offer made by the provider on the Swiss Experiences website and/or when the client books an experience on the Swiss Experiences website.

Price

Unless otherwise agreed, all prices are quoted in Swiss francs (CHF). Swiss Experiences reserves the right to quote prices in other currencies depending on the country of origin of the client. All prices quoted include additional amounts for Value Added Tax (VAT), where applicable. The applicable VAT rate depends on the country concerned. In Switzerland the rate is 8.1%.

The prices displayed on Swiss Experiences do not include the cost of transport to the location of the experience, unless this is expressly indicated in the details of the experience proposed by the service provider. It is therefore the responsibility of the customer to plan and cover the costs associated with transport to the experience location.

Prices do not include any additional taxes that may apply.

Swiss Experiences reserves the right to change the prices shown on the website at any time.

The prices shown on the Swiss Experiences website apply at the time the contract is concluded.

Payment

Swiss Experiences offers the buyer the following payment methods: Credit Cards.

The sale price must be paid in full by the customer on conclusion of the contract.

The experience will be confirmed as soon as the price has been paid by the client.

It is not possible for the client to offset any claims against the amount to be paid to Swiss Experiences.

Obligations of Swiss Experiences

Swiss Experiences undertakes to provide the client with secure, continuous and uninterrupted access to the platform and associated services, as far as possible and taking into account the technical constraints inherent in the Internet. However, Swiss Experiences cannot be held responsible in the event of unavailability of the platform or certain services for technical, maintenance or updating reasons, or for any other reason beyond its control.

Swiss Experiences makes every effort to ensure the security of transactions and the confidentiality of its users’ personal data. However, the client acknowledges that Swiss Experiences cannot guarantee absolute security and undertakes not to hold Swiss Experiences liable in the event of a breach of security, unless it can be proved that this breach is directly attributable to Swiss Experiences.

Swiss Experiences undertakes to enforce the terms of its conditions of use between all its users. In the event of a dispute between users, Swiss Experiences may intervene to facilitate its resolution but does not assume responsibility for resolving conflicts.

Swiss Experiences is not the provider of the experiences booked on the platform. Swiss Experiences merely puts clients and providers in contact with each other. Therefore, Swiss Experiences cannot be held liable in the event of non-conformity of the experiences booked, non-payment by the client or non-performance by the provider. Swiss Experiences can only be held liable in the event of a breach of its obligations as a booking platform.

All experiences booked through Swiss Experiences are subject to the return, refund and cancellation policies and conditions of the individual provider, and Swiss Experiences accepts no responsibility for these policies or for the conduct of the provider. Complaints, questions or concerns regarding a specific experience should be addressed directly to the provider, based on their own terms and conditions, posted on their profile.

Auxiliaries

Swiss Experiences expressly reserves the right to engage auxiliaries in order to fulfil its contractual obligations.

Obligations of the client

The client is obliged to take all necessary steps as soon as possible to enable Swiss Experiences to carry out its introductory service. The client must take all such steps at the place, at the time and in the manner agreed. Depending on the circumstances, the client is also obliged to provide Swiss Experiences with all the necessary information and documents.

The client is personally liable to Swiss Experiences and the service provider and to third parties for the proper performance of these duties and shall bear the full consequences of any fault.

Swiss Experiences accepts no liability for services provided by third parties to the extent permitted by law.

Booking changes

For any booking changes, the client must check directly with the service provider whether they agree to such changes.

Swiss Experiences is not responsible for and has no control over the individual modification or cancellation policies of each service provider.

Specific conditions must be discussed and negotiated directly between the client and the service provider concerned.

Refunds

With regard to refund policies, the client should contact and check directly with the service provider.

Swiss Experiences is unable to guarantee a refund for any booking or purchase of services.

Refund arrangements are the sole responsibility of the individual service providers.

In the event of a refund by the service provider, the commission paid to Swiss Experiences remains due and is non-refundable.

Swiss Experiences has no influence or control over these policies and cannot be held responsible in the event of a dispute between the client and the provider regarding a cancellation or refund.

Cancellation of an experience

Swiss Experiences is not responsible for the cancellation of an experience by either the provider or the client.

In this case, it is the responsibility of the provider to reschedule the experience with the client at a later date or to provide a refund.

In the event of cancellation by either the provider or the client, the commission paid to Swiss Experiences remains due and is non-refundable.

It should be noted that each service provider has its own cancellation and refund policies. It is therefore important for the client to understand and accept these conditions before making a booking.

Swiss Experiences has no influence or control over these policies and cannot be held responsible in the event of a dispute between the client and the provider regarding a cancellation or refund.

Guarantee

Swiss Experiences offers no guarantee against possible fraud on the part of service providers and declines all responsibility in the event of misunderstandings or problems concerning the services offered. The service provider is solely responsible for the quality, safety and authenticity of the experience or service offered.

Swiss Experiences is not legally obliged to verify the authenticity or quality of the services offered online. It is therefore the responsibility of the client to carry out the necessary research and verification to determine the quality and relevance of the service offered.

The information concerning the services, including the price and description, may be modified at any time and Swiss Experiences accepts no liability for this. This information is based on the declarations of the service providers. Consequently, Swiss Experiences accepts no liability for any errors or omissions in these statements.

Liability

Any liability for indirect damage or consequential damage is excluded.

Liability for direct damage is limited to the contractually agreed amount.

This limitation of liability does not apply in cases of intent or gross negligence.

Any liability of vicarious agents is excluded to the extent permitted by law.

Relationship between Swiss Experiences and the Service Provider

Account creation and Features for Providers

In order to be able to add and submit their Experiences on the Swiss Experiences platform, Providers must create an account.

By registering, the Provider undertakes to provide accurate and complete information concerning their identity, address and other data required for registration and agrees to update this information in the event of any changes.

Registered service providers have access to a personalized account that includes the following features:

• Profile page: Providers can personalize their profile by adding information about themselves and their company, and change their account settings.
• Messaging: Providers can communicate with Swiss Experiences or clients via the integrated messaging system.
• Notifications: Providers will receive notifications about their experiences, bookings, reviews or other activities on the platform.
• Visitor statistics: Providers will have access to detailed statistics on the number of visitors to their experiences, where they come from, their behavior, etc.
• Form for adding experience listings: Providers will be able to add new experiences to their portfolio using a dedicated form. These experiences will be reviewed by Swiss Experiences before being published on the platform.

Providers are entirely responsible for the security of their account and password. Swiss Experiences cannot be held responsible for any loss or damage resulting from the provider’s failure to comply with this security clause.

Conclusion of the Contract

A partnership agreement is concluded between Swiss Experiences and the Service Provider.

The Service Provider proposes its offer or service to Swiss Experiences for promotion and sale.

The contract is deemed to have been concluded as soon as the Service Provider has created an account on the Swiss Experiences platform.

Price

The Service Provider sets the selling price of its offer or service on its page on the basis of its own criteria, experience, expertise and current market research.

Swiss Experiences will receive a variable commission on the selling price, excluding VAT, for carrying out its mission. This commission is specified when the Service Provider’s account is created on the Swiss Experiences platform.

The Service Provider is free to change the price of its offer or service at any time, according to its own criteria and market trends. Any price changes will be made directly by the Provider on its page.

Please note that Swiss Experiences’ commission remains payable even in the event of a price change by the Provider.

Commission for direct bookings

If a customer makes a booking directly on the provider’s website after discovering the provider through Swiss Experiences, the provider undertakes to pay Swiss Experiences a commission. This commitment remains in force even if the transaction is not carried out via the Swiss Experiences website. The Provider acknowledges and accepts this commitment when registering and publishing publication of experiences on the Swiss Experiences website.

Commission on booking request

If a customer makes a booking request with a provider on the Swiss experiences website and this provider is confirming the booking on his website, the provider undertakes to pay Swiss Experiences a commission. The Provider acknowledges and accepts this commitment when registering and publishing publication of experiences on the Swiss Experiences website.

Payment

The Service Provider authorizes Swiss Experiences to collect the price of the sale from his bank account by means of the electronic payment security system set up on the website or by any other means set up by Swiss Experiences.

Swiss Experiences will pay the amount of the sale to the Service Provider, after deduction of :

• The variable commission invoiced by Swiss Experiences for each sale, is specified when the Service Provider’s account is created.
• VAT, where applicable in accordance with current legislation.
• Transaction fees related to the payment system (2.9% + 0,30 cents per transaction).
  

Payment to the Service Provider by Swiss Experiences will be made once the booking has been made and the client has paid for the service, within a period which will be communicated to the Service Provider when the account is created. This will be paid by Bank Transfer using the details provided by the Service Provider.

Invoice

Obligations of Swiss Experiences

Swiss Experiences assures the Service Provider that it will do its utmost to present its offer in an appropriate manner to the users of the platform. This includes uploading the description of the offer provided by the Service Provider and any photos or other associated media.

Swiss Experiences undertakes to provide a secure and reliable platform for the presentation of offers and the management of transactions. However, Swiss Experiences does not store the services offered by the Service Provider and is therefore not responsible for their storage or security.

Duration of contract

By creating an account on the Swiss Experiences platform, the Service Provider accepts that his/her offer will be published for an indefinite period. The Service Provider may withdraw its offer from the platform at any time.

If the Provider decides to withdraw its offer, it is the Provider’s responsibility to manage all current bookings and to respect the commitments made to clients. Swiss Experiences will not be liable for any costs incurred as a result of the cancellation or relocation of bookings.

The contractual relationship between the Provider and Swiss Experiences may be terminated by either party at any time. All obligations relating to bookings confirmed prior to the date of termination remain in force until they have been fulfilled in full.

Obligations of the Service Provider

The Service Provider warrants to Swiss Experiences and to the clients that it has the right to offer its services on the Swiss Experiences platform, and that it holds all the necessary permits, licences and authorisations to do so. It also guarantees that its offers and services comply with all applicable legal and regulatory regulations.

It also guarantees that:

• all information concerning the services offered has been accurately communicated to Swiss Experiences,
• the services offered are genuine and not misleading, and
• there is no known information that would make the description of the services inaccurate or misleading.

The Provider also undertakes to provide its services to the highest possible quality standards and to comply with all applicable health and safety standards.

Changes to the offer

Swiss Experiences reserves the right to demand changes to the content of the Experiences at any time and to refuse or delete Experiences at any time without giving reasons. Swiss Experiences may refuse to publish or may delete Experiences which do not comply with the provisions of these General Terms and Conditions, as well as Experiences which, at its discretion, are unlawful or infringe the rights of third parties.

In addition, the Provider, or where applicable the Intermediary, authorizes Swiss Experiences to use, analyze (for marketing and non-marketing purposes), publish, make available to third parties and distribute on any other channels, such as social networks and mobile portals, all advertisements for Experiences which it places on the platform.

Case of modification or cancellation of the experience – Management of the experience offer

When the request to modify or cancel the experience is confirmed by the user, Swiss Experiences will inform the Provider. However, Swiss Experiences is not responsible for managing this cancellation or modification.

It is the Provider’s responsibility to reschedule the experience at a later date with the user, or to reimburse the user, in accordance with the conditions established between them.

In all cases, the commission due to Swiss Experiences by the Provider remains payable and is non-refundable, even in the event of cancellation or modification.

Withdrawal by the Service Provider

The Provider grants Swiss Experiences the right to publish and promote its experience offer on the platform for an indefinite period.

If the Provider wishes to withdraw its experience offer before it has been booked by a user, it must inform Swiss Experiences in writing.

Please note that any commission generated by bookings already made will remain due to Swiss Experiences and will not be refunded.

Disputes relating to a booked experience

In the event of a dispute following the booking of an experience, only the client and the Provider will be bound, to the exclusion of Swiss Experiences.

If the client wishes to make a complaint following the booking of an experience, they must inform Swiss Experiences as soon as the anomaly is discovered and may request the Provider’s contact details.

When Swiss Experiences receives the complaint, it undertakes to provide the client with the Service Provider’s contact details (surname, first name, postal address and e-mail address) so that the dispute can be settled directly between the client and the Service Provider.

Swiss Experiences cannot be involved in any dispute between the Provider and the customer, as the experience booking contract is only binding on the customer and the Provider.

General terms and Conditions

Intellectual property rights

Neither these General Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless this is expressly provided for.

In addition, any re-use, publication or dissemination of information, images, text or any other material that clients receive in connection with these provisions is excluded unless expressly authorized by Swiss Experiences.

Providers must ensure that they do not infringe any third-party intellectual property rights when using content, images, texts or figurative elements in connection with Swiss Experiences.

Liability

Swiss Experiences acts as an intermediary between the provider and the client and cannot be held responsible for any disputes that may arise in connection with the provision of an experience or any other dispute that may arise in connection with the experiences offered on its platform. The contract is concluded between the client and the service provider.

Swiss Experiences assumes liability only for direct damage resulting from wilful misconduct or gross negligence on its part.

The liability of Swiss Experiences for direct damage resulting from minor negligence – irrespective of the legal basis – is expressly excluded, subject to the relevant mandatory legal provisions.

Any liability on the part of Swiss Experiences for indirect or consequential damage, irrespective of the legal basis, is expressly excluded in its entirety.

Any disputes arising from the provision of an experience shall be binding only on the Client and the Service Provider to the exclusion of Swiss Experiences.

Liability for use of the website

Access to the Swiss Experiences platform may be interrupted without notice or compensation, without Swiss Experiences being held liable. Access to the platform may be suspended, temporarily or permanently.

Swiss Experiences does not guarantee that the platform will be accessible without interruption.

Swiss Experiences may interrupt access to the platform for reasons including maintenance and in the event of an emergency. Swiss Experiences is only bound by an obligation of means concerning the continuity of access to the platform. Consequently, Swiss Experiences excludes all guarantees, conditions or other provisions, and cannot be held responsible for any damage whatsoever resulting from or linked to the use of the platform.

Swiss Experiences cannot be held responsible for fraudulent use by a third party and for the possible consequences of an involuntary reservation on behalf of the user.

In the event of force majeure, or in the event of a breakdown, blockage or difficulty concerning Swiss Experiences’ computer equipment, the computer software used by Swiss Experiences or the Internet network, and in the event of suspension of access to the platform, the contractual obligations of Swiss Experiences and the service provider are suspended.

Hyperlinks on the platform may refer to other sites. Swiss Experiences is not responsible for the content or actions of these sites.

Data protection

Swiss Experiences shall process and use the data collected at the time of creating the service provider account in order to fulfil its contractual obligations. Swiss Experiences will take all necessary measures to ensure data protection in accordance with statutory provisions.

Users agree to their data being stored and used in accordance with the contract and are aware that Swiss Experiences may disclose their data or that of third parties if ordered to do so by a court or authority.

Unless expressly excluded by the client, Swiss Experiences is entitled to use their data for marketing purposes. The data required to provide the service may be transferred to service partners commissioned by Swiss Experiences and to other third parties.

Translation Disclaimer

Swiss Experiences provides an “automatic translation” service to facilitate the understanding of its content by international users. However, it is important to note that this translation is not context sensitive and may not fully convert the text to the intended meaning.

Swiss Experiences accepts no responsibility for any errors, omissions, ambiguities or inaccuracies in the translations produced by this service. In no event will Swiss Experiences be liable for any damages (including, without limitation, direct, indirect, incidental, consequential, punitive or reputational damages), costs, expenses, lost profits or other losses of any kind arising out of or in connection with the use of the free translation service offered.

Users of the translation service acknowledge and accept this disclaimer when they choose to use the machine translation service offered by Swiss Experiences.
Only the English version of these Terms and Conditions is legally binding. All other language versions of the Terms and Conditions are provided for the convenience of users and to facilitate understanding.

In the event of any discrepancy or conflict between the English version and any other language version, the english version shall prevail and shall be the reference version for resolving any ambiguity or difference of interpretation.

Severability clause

The validity of these General Terms and Conditions will not be affected if one of its provisions or one of its appendices is or should be declared invalid. In this case, the void or invalid provision will be replaced by a valid provision that comes close to the purpose of the void or invalid provision. The same applies in the event of a contractual loophole.

Agents and distributors

Providers accept that any distributors or agents may work independently of Swiss Experiences and that any potential claims must therefore be made directly against them. Swiss Experiences accepts no liability for any breaches of contract by agents or distributors.

Applicable law / Place of jurisdiction

These General Terms and Conditions are subject to Swiss law.

The courts located at the registered office of St-Arnaud Productions shall have jurisdiction to settle any dispute between the parties, unless otherwise provided by mandatory legal provisions.

St-Arnaud Productions is free to take legal action at the defendant’s registered office/domicile.

Copyright by St-Arnaud Productions. Reproduction or sale without prior written consent is prohibited. All rights reserved.

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