General Terms & Conditions of use
1 Scope of Application and Acceptance
1.1 These general terms and conditions of use (GTC) apply to the use of the SWISSPEAK EXPERIENCE platform (the Platform) made available by Swiss Peak Experience SA (CHE-396.993.014), c/o CimArk SA, Techno-Pôle 10, 3960 Sierre (SPE).
1.3 If you rent accommodation in a touristic residence of SWISSPEAK RESORT or its partners (the Residence), you may connect it to your user account by entering your name and reservation number. You may also allow the other persons hosted in the Residence to connect it to their user accounts by entering your name and reservation number. SPE will consider that any use of the Platform by these persons takes place with your consent.
2 The Platform
2.1 Subject to your compliance with the GTC, SPE grants you a personal, revocable, non-exclusive, non-assignable license without the right to grant sub-licenses, to use the Platform on your compatible devices (the License).
2.2 The Platform is made available in its present condition and SPE reserves the right to freely adapt the Platform and its functionalities with or without notice.
2.3 Some of the functionalities of the Platform are available to you only in connection with the rental of accommodation in the Residence. In particular, the option of ordering, administering, and paying value-added services (the Services) is possible only for the Services provided in the rental period.
2.4 The credit card payment service included in the Platform is made available by the company SIX. If you use this service, you expressly accept the general conditions of SIX.
3 Your commitments
3.1 You undertake to use the Platform in accordance with the descriptions and instructions issued by SPE and to comply fully with the GTC and the applicable law.
3.2 You are strictly prohibited from circumventing, or attempting to circumvent, any restrictions or limitations on the use of the Platform, and connecting your user account with the residences of which you are not a tenant, or without the latter's express consent.
3.3 If you assess the Services or submit other elements to SPE and/or its partners, such as comments, photos, videos, etc., you undertake to comply fully with any concerned third-party rights and, in particular, not to breach any personality or intellectual property rights.
3.4 You undertake to comply fully with the conditions of the offers applicable to the Services which you order via the Platform and to exercise due care in your use of these Services.
3.5 As a tenant of a Residence, you undertake to monitor the use of the Platform and to ensure compliance with the GTC by any person authorized by you to connect their user account to the Residence, particularly if you have parental authority over or are otherwise responsible for the person.
4.1 To the extent permitted by applicable mandatory law, SPE excludes all warranties in relation to the Platform. In particular, SPE excludes all warranties related to (i) the availability of the Platform, (ii) the absence or correction of errors, including in the information indicated on the Platform, (iii) the Platform's compatibility with third-party devices and software, (iv) the absence of any breach of third-party rights, particularly in the area of intellectual property, and (v) the appropriateness of this Platform to your requirements or expectations.
4.2 SPE endeavors to ensure a high standard of quality of the Services and other services connected to the Platform, by selecting the service providers and serious and reliable partners. However, SPE provides no warranty for the Services and other services provided by third-party providers.
4.3 You warrant that you (i) use the Platform and the Services exclusively within the limits of the GTC and applicable legislation and (ii) are the holder or are duly authorized to use any credit card indicated to make payments via the Platform.
4.4 As the tenant of a Residence, you are accountable for the use of the Platform by any person you authorize to connect their user account to the Residence, in particular, if you have parental authority over or are otherwise responsible for this person.
5.1 SPE is liable for any direct harm it causes you through wilful conduct or gross negligence.
5.2 Moreover, and subject to applicable mandatory law, SPE excludes any and all liability for making available the Platform, the Services, and any other services provided in relation to the Platform, including for its managers, employees, representatives, agents, and auxiliaries.
6 Cancellation of the Services
6.1 Unless the offer concerned expressly indicates otherwise, in the event of cancellation of a Service by the service provider concerned, all of the amounts that you may have already paid for this Service will be refunded to you.
6.2 Unless the offer concerned expressly indicates otherwise, if you cancel a Service after your order has been confirmed, the following amounts will be invoiced to you and will not be refunded if the payment has already been made (as a percentage of the price of the Service): - Cancellation before your arrival at the Residence (except in the 24 hours before the planned commencement of the Service; cf. below): 25% - Cancellation more than 24 hours before the planned commencement of the Service, but after your arrival at the Residence: 50% - Cancellation in the 24 hours before the planned commencement of the Service: 100%
7 Intellectual Property
7.1 The GTC do not provide for the transfer or any intellectual property rights. In particular, SPE remains the owner of the Platform (subject to possible third-party rights). Your rights in relation to the Platform are limited to the License.
7.2 If you submit to SPE and/or its partners any assessments, comments, photos, videos, etc. or any other element related to the Platform, you grant them a non-exclusive, worldwide, perpetual, assignable right with the right to grant sub-licenses, for all intents and purposes in the operation and the promotion of the Platform, without remuneration.
8 Data Protection
9 Suspension and Termination
9.1 SPE may, at all times, suspend your access to the Platform, with or without notice, to protect its interests without any liability on its part.
9.2 SPE may terminate the legal relationship under the GTC upon notifying you of the termination by any means (including via email and/or via the Platform). In such case, the License is revoked with immediate effect and the Platform is no longer accessible to you.
9.3 You may terminate the legal relationship under the GTC by cancelling your user account on the Platform. You may request the cancellation of your user account at any time, in writing or via email. Following the cancellation of your user account, the Platform is no longer accessible to you.
9.4 In the event of termination, articles 3.2, 3.4, 4, 5, 6, 7, 8, 9.4 and 10 GTC continue to apply. The termination does not affect your accepted orders of Services.
10.1 Assignment. You cannot assign or transfer to a third party all or part of your rights and/or obligations under the GTC. SPE may freely assign and transfer its rights and/or obligations to any third party taking over the operation of the Platform.
10.2 Subcontracting SPE may sub-contract its activities associated with the operation of the Platform to third parties.
10.3 Amendment of the GTC. SPE may unilaterally amend the GTC at any time. SPE will inform you by any appropriate means (including via email and/or the Platform) of the amendments. If you do not accept the amendments thus made by SPE, your only option is to terminate the legal relationship with SPE under the GTC, in accordance with article 9.3 GTC.
10.4 Partial invalidity. If any provision of the GTC is invalid or inoperative, this will not affect the validity or the operative nature of the other provisions. In such case, the invalid or unenforceable provision will be replaced by a valid and enforceable provision which is as close as possible to the initial provision.
10.5 No waiver. The tolerance by SPE of any breach or the waiver by SPE of any right, irrespective of their nature, frequency and duration, cannot be taken as a final waiver of a claim of such breach or right, subject to legal statutes of limitations.
10.6 Applicable law. The GTC are governed exclusively by Swiss substantive law, excluding the conflict of laws rules, subject to applicable mandatory law.
10.7 Jurisdiction. The ordinary courts at the registered office of SPE have sole jurisdiction to decide any dispute in connection with the GTC and/or the Platform, subject to applicable mandatory law.