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Preamble - Legal Statute/Regulations of CLICKTODO
Clicktodo S.A. (Henceforth: Clicktodo) has created a platform on the internet that allows any one person (henceforth: client) to consult reserve/purchase different activities/services through the internet, relating to leisure and tourism as well as sports and cultural activities, (henceforth: activities) that are offered by independent service providers (henceforth: providers), or by service partners affiliated with transportation, accommodation, and hospitality.
Clicktodo acts as an agent (by definition stated in article 418 ss. of the Swiss codes of responsibilities) between the providers and the clients. The objective of Clicktodo is to allow both partners and clients to complete transactions related to the execution of activities related to leisure and tourism, as well as allowing clients to make reservations through partners in services related to transportation, accommodations and hospitality...
Consequently, when a client purchases and or makes a reservation for an activity on the internet-based platform, Clicktodo, the contract is upheld directly between the client and the provider for the activity purchased. Clicktodo acts as a direct representative of the providers, that which permits the sales of activities and the collection of payments for the activities on its internet platform. Clients and the providers of the aforementioned activities will independently carry out their contracts amongst themselves and they undertake all the risks and benefits.
The implemented contracts are only contractually binding between the client and the provider. Clicktodo is not a part of the implemented contracts between the client and the provider of the activities within its platform. Clicktodo and its representatives, collaborators, employees and auxiliaries/subsidiaries are not in any instance or circumstance responsible for the risks associated with the negotiations and implementation of transactions/contracts, neither any of the related resulting damages. Clicktodo is completely independent of the clients and the providers and intends on maintaining neutrality within the contractual relations amongst themselves.
The current general conditions, as well as external dispositions, (disposition of data protection, regulations of commissions/provisions and costs of Clicktodo) bound by the present general conditions that applies to all purchases/reservations effectuated on Clicktodo's internet platform. Clients are to be aware of the fact that the providers can place their own general conditions and enforce them on their own activities. In this case, the terms and general conditions of the providers will be appended to the current general conditions. Clicktodo recommends that all clients print a copy of the current general conditions, furthermore those of the provider of the activities when completing the reservation/purchase.
Article 1- Rights of Use
1. There is no existing right to subscription, admission, or utility of the internet platform and the services produced by Clicktodo.
2. Clicktodo can refuse at anytime a subscription/ registration, excluding a client and or provider, excluding/suppressing a publication of an activity offered by a provider, prohibiting the use or exclude/suppress a service. The various above-mentioned possibilities will be enacted promptly.
Article 2 -Subscription and End of Subscription
1. The requirement of upholding contracts as a client or a provider, in using the available functions on the internet platform Clicktodo, is to be a registered member on Clicktodo.
2. Registration and subscription are free.
3. Subscription is private, not to be shared/ intransmissible (non-transferable) or accessible except for with the knowledge and permission from Clicktodo.
4. The only individuals that are authorized to be members of Clicktodo are physical individuals that are of the age of majority (18 years or older), that have the full ability to exercise the civil rights, as individuals that are judicially legally represented.
The minors (Less than 18 years of age) and those individuals who are incapable (following the Civil Code) are not eligible to be members of Clicktodo because they possess no legal capacity.
5. A subscription stars with an introductory welcoming email to Clicktodo; this occurs once a member has successfully opened their account and accepted their reservation with the general terms and conditions.
6. Once the subscription of the member of Clicktodo is confirmed, they will have a personal account on the internet platform Clicktodo
7. A member has to maintain their password a secret and never reveal it to third parties or permit them to access their account on Clicktodo.
8. The clients can ask for a cancelation of their account at any moment via sending an email to Info@clicktodo.com. Their termination request of the subscription can only be made under the following conditions (cumulative):
-A client must have no outstanding debts to pay Clicktodo or a provider
-A client has completed all the activities that were reserved/purchased through the internet platform Clicktodo
If all of the conditions stipulated above are present, the service to the client of Clicktodo in this case will have their cancelation confirmed via e-mail, and there account dissolved/excluded from Clicktodo.
9. The providers can retract their subscription under the following conditions (cumulatively):
-The provider has no outstanding debts to pay to Clicktodo
-The provider has no activities posted on the internet platform Clicktodo
-The provider executed/concluded all the activities reserved/purchases by the clients of the internet platform Clicktodo.
If all these conditions referred above are all fulfilled collectively, the service to the client of Clicktodo confirms the cancelation sending an e-mail to the provider and immediately blocking their account on Clicktodo.
The opinions/evaluations by clients on and or about the activities produced by the provider will continue to appear on the internet platform Clicktodo, even after repealing/canceling their subscription.
10. In case of non-adherence to the general terms and conditions for any other reasons ( poor evaluations), Clicktodo has the rights of excluding a member at any moment in time, whether they be client or provider, prohibiting or blocking access to a service without this member being able to formulate or object/protest with any pretention against Clicktodo.
Clicktodo is authorized to block a member temporarily or exclude them indefinitely if it is deemed with probable cause that the transactions have been completed through third parties on one's own account on Clicktodo, or if there is evident suspicion that a member has violated the rights of third parties.
In case of exceptions, the commission/provisions and other costs charged by Clicktodo remain due in totality.
The excluded members are not authorized to re-register themselves anew/again as members of the platform Clicktodo, with their own name or in the name of another company without pre-approval of Clicktodo.
Article 3- Reservation/Purchase of activities- Customer accountability/responsibilities
1. The use of the internet platform Clicktodo gives clients and providers of activities the opportunity to complete contracts and/or process transactions electronically (E-commerce).
The clients and providers acknowledge that the electronic use of our platform for requests of their reservations/purchases consists of a mutual agreement of needs that links them contractually; they must be prepared to pay for this.
The agreement between clients and providers wills are linked contractually within the requests of their reservations/purchases, these apply to reservations and all transactions completed through the internet platform Clicktodo, including the requests' and modifications/alterations or cancelations.
2. After being able to make a reservation/purchase of activities on the internet platform Clicktodo, the clients have the obligation to produce all the information and personal data specified by Clicktodo and not deleting them after placing a reservation/purchase.
Clients should not reveal in any circumstance or instance any information about their account on Clicktodo to third parties. Clients are the only ones responsible for the confidentiality and security of their Clicktodo account and all of the operations and movements made on their account. Clients should immediately inform Clicktodo about any violations of security on their account. Clicktodo negates/rejects all responsibility of any loss or unauthorized use of the Clicktodo account.
It is imperative that Clicktodo and the providers are able to summon access at any time of all the information and personal data of their clients to determine whether an activity can be carried out. Furthermore, clients have the responsibility to both Clicktodo and the providers, of producing/providing the information via which they can be contacted at any given moment (Phone number, email ...) in the hypothetical event that an event has been canceled.
When confirming your reservations/purchases, the clients and all people whose names are associated with the reserved activities on the internet platform Clicktodo, should be in possession of all the necessary valid documents (for example, passport, visas...) to travel to the destination of the reserved activities on the date and time chosen. If necessary, they have the responsibility of taking all the necessary measures of being in possession of these documents to be able to execute the activities.
3. When making the reservation/purchase of an activity on the internet platform, the client is guaranteeing that they meet the age of majority (18 years) and have full legal capacity ( the capacity to contract and complete legal binding actions) to be able to accept the general terms and conditions of Clicktodo and the providers.
4. When minors (less than 18 years old) or incapable adults ( Not of sound mind and body) that do not have the legal capacity, but wish to reserve/purchase activities on the internet platform Clicktodo, must have the process completed via a legal representative (on their behalf with the approval of Clicktodo).
During the finalization of the act of reserving/purchasing an activity, the legal representative confirms for this portion of the process, their expressed authorization for the minor or incapable adult, to complete the chosen activity on the internet platform Clicktodo.
Clicktodo and the providers present of the internet platform Clicktodo, reject all responsibility for all possible damages suffered by those of the age of minority ( less than18 years) or those individuals that are incapable ( that do not have the possession of power over legal capacity) during and after the completion of activities reserved/purchased on the internet platform Clicktodo.
In the event of the reserved activity not being able to be carried out because clients have not met the obligations referred to previously, the total value related to the activity reserved will be acquired by the provider, just as the commission/provisions are due to Clicktodo. No refunds will be made to clients.
5. The client who reserves/purchases activities, with their own name or from third parties, for themselves or third parties, will expressively disclose that they have received permission that they also accept the general terms and conditions of Clicktodo and of the providers, in this manner they both accept.
The client that reserves/ purchases activities, In their own name or that of third parties, for themselves or third parties, will declare that they and the third parties for which the activity was reserved/purchased, fills out all the conditions (age, exercise, both physical and mental capacity levels, ...) to be able to complete the activity reserved/purchased.
Furthermore, the client that is completing the reservation/purchase of the activities from the internet platform Clicktodo, under their own name or on behalf of third parties, confirms in all totality of being responsible for the payment of the activities reserved/purchased.
6 The client that reserves/ purchases activities, in their name or that of third parties, for themselves or for third parties, has the obligation/ responsibility of communicating all the information related to the general terms and conditions of Clicktodo and of the providers, just as all of the information about the activity and its proceedings. This is useful and necessary for a good transaction fulfilment.
The client who reserves/purchases activities, in their name or that of third parties, for themselves or for third parties assumes total responsibility in the virtue/possibility of any eventual damages that the third parties may have suffered in the realization of the activity reserved/ purchased.
All the information provided to the clients who reserve/purchase activities on the internet platform Clicktodo, in ones name or that of third parties, are considered as transmitted as well to the third parties, via the name of the individual under which the reservation/purchase was made.
7. The reservation/purchase of an activity will only be valid with Clicktodo receives payment in its entirety from the client in relation to the activity reserved/purchased, in this case Clicktodo will send a bill of sale/receipt on the email that the client provided during the confirmation of the ticket/ (Electronic voucher)/voucher.
8. The client must pay attention to the fact that the providers have the obligation of asking to view the ticket/electronic voucher as well as a piece of identifying documentation (Citizen Card or passport) in order to be able to carry out the activity reserved/purchased.
Therefore, the client has the obligation of printing all the documents (e-ticket (electronic ticket)/voucher) that are sent through Clicktodo after the reservation/purchase of an activity, to be presented to the provider before the execution of the activity.
9. The presented promotional offers/discounts on the internet platform Clicktodo are offered at the provider's discretion. All of the offers are subject to the conditions of availability and are subject to being retracted by the providers at any moment.
10. The present general conditions, just as those of the providers apply themselves to all of the reservations/purchases made on the internet platform Clicktodo.
11. While making a publication of an activity or on the reservation/purchase of an activity on the internet platform Clicktodo, the providers and the clients acknowledge that they have read, understood and accepted without any objections/reservations the present general terms and conditions of Clicktodo and the providers in the purchase/sale of an activity. The clients and providers accept that the present general terms and conditions of Clicktodo/providers are made a part of the contract that binds them.
Article 4- PAYMENT, CLIENT OF OBLIGATIONS/RESPONSIBILITIES
1. The payment of all activities reserved/purchased on the internet platform Clicktodo will be processed via credit card (Euro card/MasterCard, Visa, etc...).
2. In the reservation/purchase of an activity on the internet platform Clicktodo, the information collected about the client's credit card are requested in order to process the purchase of the activity. The client's credit card will be charged immediately for the total cost of the activity reserved/purchased, validated by an immediate e-mail with proof of the reservation/purchase.
For all of the reservations/purchases, the client must indicate their credit cards number, the expiration date and the security code (CVV) that is indicated on the back of the card. The client will produce all the correct/valid information about the credit card (including the exact number. a valid credit card and an account with sufficient funds).
With the confirmation of the reservation/purchase, the client authorizes Clicktodo to verify the ability of financial solvency on behalf of their third parties (rating agencies). The clients authorize Clicktodo to give third parties permission of withdrawing the total amount for their reservation/purchase.
3. The client has to pay for an activity reserved/purchased in the currency indicated by the provider.
The client should be conscious that the prices of activities on the internet platform Clicktodo could be constantly altered by the providers, being that they are able to vary them higher or lower.
4. The taxes covered by Clicktodo within the price of the activities, yet to be reserved and or purchased by the clients, can be modified at any moment. This is also valid for the commission/provisions received by Clicktodo for each activity reserved/purchased, the eventual fees related to the cancelation insurance, the administrative costs related to modifications or cancelations of an activity reserved/purchased by the client/providers, just as the other charges (fees).
The costs of the cancelation insurance will not be under any circumstance reimbursed to the client even if they already have their own cancelation insurance.
5. In the event of client not respecting the present general terms and conditions, Clicktodo under no circumstance, is to guarantee the price of the reservation or purchase.
ARTICLE 5- PROOF OF RESERVATION/PURCHASE
1. After finalizing the reservation/purchase on the internet platform Clicktodo, the clients have the obligation/responsibility of bringing their tickets (E-ticket) as confirmation and the supporting pieces of personal identification, their citizen card/passport, to present to the provider.
2. In the hypothetical that the documents referred to about cannot be produced to the provider and in the case of doubting the identity of the client, the latter will have the right to refuse to provide the activity.
3. Clicktodo disclaims any responsibility in case of refusal by the borrower to provide the activity reserved / purchased for the above reasons.
ARTICLE 6- CLIENT ATTITUDE/BEHAVIOUR
1. The clients should carefully follow the guidelines and instructions given by the providers for the fulfillment of the activity reserved/purchased on the internet platform Clicktodo. The clients that have mad e reservations/purchases of activities on their own behalf or on behalf of others, they also have the duty to make the others in the group strictly comply with all instructions conveyed by the provider.
2. It is the client's exclusive responsibility of guaranteeing that prior, during and after the fulfilment of the activity, that they or other clients in their group comply with appropriate behavior that does not put anyone in danger or torment, harm or cause injury to any person or any goods/property. (For example, drunkenness, aggressive behavior, incivility ...)
3. A challenged client with disabilities or reduced mobility should contact the provider, to inquire about the possibility of carrying out the activities proposed/offered. Clicktodo does not have any responsibility for poor performance or inadequate fulfilment of an activity, if the client mentioned above has not put forth a request on the necessary information to the provider to know if the desired activity is or isn't suitable for them.
Clicktodo is not responsible if the provider is not able to accommodate the necessities of these clients.
4. If in the opinion of Clicktodo or that of the provider, is that the behaviour of the client was inappropriate or could threaten, harass, harm , damage property/goods, or cause physical/ psychological damage to third parties, Clicktodo and the provider reserve the right to take appropriate measures to ensure the safety and comfort of other people and their property.
In the case mentioned, Clicktodo or the provider is authorized to cancel or terminated the activity reserved/purchased by the client.
When the behaviour of the client is inappropriate, the responsibility of the provider is terminated immediately and the client in question cannot compensation/indemnity of any form.
The provider can inform Clicktodo on the occurrence so that Clicktodo can take any actions necessary, even the exclusion of the client.
Article 7- CLIENT NONATTENDANCE/ABSENCE
1. To allow for the proper proceedings of the activity reserved /purchased on the internet platform Clicktodo, the provider must indicate in the offer of the activity published on the internet platform Clicktodo and in their general terms and conditions, all of the necessary information so the clients may arrive on time for the activity to occur in optimal conditions.
2. In the event that a client does not respect the information or instructions provided in the offer of the activity on the internet platform, Clicktodo in the general terms and conditions and the providers can refuse the fulfillment of the activity. This in the event of the client not being present for the activity on the date and time selected during the reservation process. The service provider can also like wise refuse to offer to clients an alternative activity at another time.
3. Clients of the responsibility of notifying the providers of any delays, absences or nonattendance to proceed/execute the activity reserved/purchased.
4. In this situation, the price paid by the clients for the activity reserved/purchased on the internet platform Clicktodo, will not be reimbursed, it will be indefinitely procured by the provider, just as the commission/provisions and the taxes charged by Clicktodo.
ARTICLE 8- PROBLEMS BEFORE AND DURING THE ACTIVITY
1. In the case of problems, before or during the execution of the activity reserved/ purchased. The clients must immediately inform the provider in question.
2. If the provider cannot be contacted or is unable to resolve the problem, the clients can contact Clicktodo or their representative's phone number that is on the e-ticket (Electronic ticket)/voucher.
ARTICLE 9- HOTELS AND HOTEL SERVICES
1. For security/safety reasons, in each room reserved in the hotel there must be at least one person of the age of majority (18 years or older) with the capacity of exercising their lawful rights, so that they are responsible for any minors or those who are incapable, if need be.
In some places, the legal minimum age of staying at a hotel may be stipulated as an age higher than that of 18 years. In the same way, in some regions of the world the local laws or customs may not permit that a couple that is not married stay in the same room.
Due to this, it is the exclusive responsibility of the client to read the detailed description of the hotel and their general conditions, and to familiarize with the hotels standing policies to have a better stay.
2. The star standard is the methods of classification used to symbolize the general quality of any hotel and their level of service, from the quality of dinning provided to the range of available amenities and services.
The criteria that are taken into consideration vary from country to country, depending on the specific requests established by the authorized organization and are provided to clients just for informational purposes. The star evaluation of the hotel is made for Clicktodo by which they are not in any ways responsible for the classification of the hotels conditions. Therefore, Clicktodo does not provide any guarantee or any responsibility surrounding the quality of the services of the hotel provided by the establishment.
3. Clicktodo is not responsible for any access restrictions on services determined by the hotel in question or any other logging or their activities. Hotels can modify their services and characteristics of their property without informing Clicktodo or its clients in advance. Hence, it is the exclusive responsibility of the client to inform themselves about the services of the hotel offered before confirming a reservation.
ARTICLE 10- RIGHTS AND RESPONSIBILITIES OF PROVIDERS
1. The providers can only offer activities that they are able and authorized to propose, on the internet platform Clicktodo.
2. Providers are prohibited to propose activities that violate the legal norms or oppose human morals.
3. The providers have the responsibility of producing truthful information about their activities, all be it they in under no circumstance false or misleading, illegal or unfair.
4. The texts, images, videos and other information's utilized by the providers, to publicise their activities on the internet platform Clicktodo, or that they divulge in any other way on the internet, must not in any way violate the rights of intellectual property of third parties or be plagiarized .
The texts, images, videos and other information used by the providers as a form of publicity for their activity cannot violate the personal rights of third parties. These violations deemed offensive include, obscene, defamatory, and slanderous or damaging (etc.).
The providers are only authorized to publish texts, images, and videos or other information's that belong to them or those which have been authorized for use by the proper owner, there by respecting their rights. This clause is also valid for any texts, images, videos or other information's publically available on other websites.
5. The price indicated on the internet platform Clicktodo is determined by the provider, as well as the currency of choice.
6. The value indicated by the provider includes all the taxes/charges that they have to pay to their country or region... (=TTC price).
7. The providers are authorized to change or remove any activity offered on the internet platform Clicktodo, as long as there is no activity that has been reserved/purchased that would affect the client.
8. Once the client has made a reservation/purchase of an activity offered by the provider, this agreement is automatically bound to their offer. The provider is prohibited in altering the description, indications and conditions associated with this activity.
The contract upheld between the client and the provider is accomplished in accordance with the description, details and conditions that are visible on the offer publicized on the internet platform Clicktodo, from the moment of the reservation/ purchase of an activity.
9. After having offered activities on the internet platform Clicktodo, at the determined date and time, the providers are prohibited of proposing the same activities at different locations on the same dates and time schedule.
10. The providers that also want to make and execute their own general terms and conditions on their activities are obligated to publish them in the offer of the activity that they offer on the internet platform Clicktodo.
In this case, the provider is obligated to publish their general terms and conditions, at least in English. The translation in English and various other languages must be true to the meaning of the original general terms and conditions.
In any case, of discrepancies between English and the original version, the English version takes precedence.
ARTICLE 11- THE RIGHTS OF CLICKTODO
1. Clicktodo has the right to at any moment, at its discretion and without having to justify reasoning, to the removal of the production of certain activities proposed on its internet platform.
2. Clicktodo has the right of giving a warning to a member, if objective credible evidence exists that this member has violated any of the present general terms and conditions or if the member (Client or Provider) deliberately failed or has not complied with their responsibilities to another member (client or provider).
Clicktodo reserves the right to exclude any member.
ARTICLE 12- LIABILITY/RESPONSIBILITY EXCLUSION
1. Clicktodo does not assume the responsibility in respects to the principle of good faith and the rights and contractual responsibilities between the clients and the providers, for the activities reserved/purchased on its internet platform.
2. Clicktodo is responsible only for the direct damages, resulting from deceit or grave negligence on Clicktodo's part.
The responsibility of Clicktodo for direct damages, due to small failures, independently of its lawful basis, is explicitly excluded.
3. Given its role as a neutral intermediary, Clicktodo does not intend on intervening in any way or in any conflicts, in all forms between the client and providers.
If the clients or the providers or third parties, initiate legal action against Clicktodo due to a violation of their rights, in virtue of an offer or of the entailing posted by a provider on the internet platform Clicktodo or in relation to another use of its internet platform. The client or the provider responsible for this legal action liberates Clicktodo of all pretentions against itself. Besides this, the client or the provider responsible for this legal action will bear the costs related with the defence of Clicktodo, including the legal costs and the legal hours.
4. Clicktodo is authorized, but is not obligated to control in any way the offers of providers, (In text, images, videos or other information) that have been published by them on its internet platform, this to be reviewed as to its legality or its admissibility in any way whatsoever.
Therefore, Clicktodo does not assume any responsibility for (not exhaustive to):
- The precision and conformity of the proposal of the activities on its internet platform;
-The quality, security/safety, legality or availability of activities proposed on its internet platform
- The capacity, professionalism, competence and the aptness of providers
5. If it is verified that a provider has intentionally caused damage to a client through negligence, Clicktodo can take measures that it deems necessary, even the exclusion of a provider from the internet platform Clicktodo.
Hence, Clicktodo wishes to maintain entirely neutral and independent between the clients and the providers, in any circumstance. It will retain a compensation for a client, in relation to the price paid and owed to the provider of an activity reserved/purchased; until it is discovered to what extent, the damage suffered by the client is related to the execution of the activity.
6. Within the intervention measures, Clicktodo is only a neutral intermediary and is independent from and between clients and providers. It does not assume any responsibility (civil or penal) associated with the execution of the activity reserved/purchased by clients on its internet platform. Besides this, Clicktodo is not responsible for any problem that clients may find during their travels or execution of an activity reserved/purchased on its internet platform. Clicktodo does not assume any responsibility in case of death, ailment, accident whether physical or mental, damage whether physical or mental in losses to the client.
7. Clients harmed in the proceedings of the execution of an activity reserved/purchased on the internet platform Clicktodo, must independently direct themselves to competent authorities, in order to claim an eventual compensation/indemnity by the provider in the virtue of the damages they considered to have sustained.
In no circumstance will Clicktodo intervene as a testimony or expert/witness... within a trial between a client and a provider.
8. In the place of vacations or logging, it is possible for the clients to reserve local events, excursions, or other services related to tourism, or using public transportation to reach different places or the location of the activity reserved/purchased on the internet platform Clicktodo ( But not limited to). Clicktodo does not have responsibility for any damages that can be sustained by clients in these different contingencies (not limited to).
9. Clicktodo does not assume any responsibility and will not pay any compensation/indemnity to clients that have been inconvenienced during the execution of the activity due to circumstances that cannot be attributed to Clicktodo or the provider for (but not limited to): The unusual, unforeseeable or unavoidable events, armed conflict, war, threats of war, riots, civil disobedience or confrontations, governmental actions, terrorist activities, natural disasters/events, industrial disasters, climate conditions being incompatible with the execution of the activity reserved, floods, airport closures, technical or mechanical problems just as all of the unpredictable decisions related to the exploration of methods of transport or problems with access to the internet.
ARTICLE 13- CANCELATIONS BY CLIENTS
1. In the case of a client cancelation on an activity reserved/purchased, the price paid for this activity, minus the eventual administrative costs charged by Clicktodo, will be directly reimbursed to the clients through the cancelation insurance, in agreement with the general conditions of the insurance. Hence, the commission/provision charged by Clicktodo will not be returned to the client, it will remain paid.
2. If the clients decide on interrupting the activity reserved/purchased during its fulfillment, no reimbursement will be made to the clients of Clicktodo.
3. In the event that the client cancelation is accepted by the provider of the activity purchased/reserved, the provider (only them) has to inform Clicktodo. In this case, the client will be reimbursed the equivalent cost of the activity purchased/reserved, minus the commission/provision owed to Clicktodo, just as the eventual administrative costs.
ARTICLE 14- CANCELATION BY THE PROVIDER
1. Some activities offered by the providers may request a minimum quantity of participants.
Hypothetically, if the number of participants indicated on the description of the activity is not met, the provider of the activity can refuse the fulfillment of the activity. In this situation, the clients will be immediately notified by them.
The Clicktodo association will credit on the Clicktodo clients account the amount paid for the activity reserved/purchased. In no case shall Clicktodo make refunds via bank transfer.
2. The provider also is enabled to cancel and activity reserved/purchased by clients on the internet platform Clicktodo, only in the cases of something greater or unusual, unforeseeable or inevitable like an armed conflict; war, threats of war, riots, civil disobedience or confrontations, government actions, terrorist activities, natural disasters, industrial catastrophes, floods, incompatible climate conditions or unforeseen technical or maintenance problems related to the execution of the activity reserved/purchased.
3. In this hypothetical, the provider is obligated to contact its clients immediately using the information that the clients provided on the internet platform Clicktodo, about their contact information (e-mail, phone number...) that they can be contacted on at any moment, even during their stay in foreign lands.
4. In case of cancelation of an activity by the provider, the client will be refunded the price paid for the activity reserved/purchased, with the exception of the commission/provision and any administrative costs for the cancelations received by Clicktodo.
The refund of the amount owed to the client after the cancelation of the activity, will be credited on their Clicktodo account. Under no circumstance shall Clicktodo make refunds via bank transfer.
ARTICLE 15- EVALUATIONS OF ACTIVITIES
1. Clicktodo does not intend to make inspections on the quality of the activities proposed on its internet platform. Clicktodo does not foresee the making of inspections of equipment, logging, or machinery... used by the providers for the fulfillment of their activities; this is entirely the providers responsibility.
2. It is up to the clients to choose for themselves the intention of performing the activity reserved/purchased on the internet platform Clicktodo, when the client decides to fulfill the activity reserved / purchased; they accept full responsibility for this.
3. The evaluation of quality of the activities offered on the internet platform by the providers will only be made by the clients that have done the activity reserved/purchased on the internet platform Clicktodo and never by the providers.
4. Clicktodo also can decide to evaluate at any moment the activities offered on its internet platform. In this case, Clicktodo's evaluation would be indicated differently from the evaluations of the clients.
ARTICLE 16- HEALTH AND ADMINISTRATIVE INFORMATION
1. It is the exclusive responsibility of the client to verify with the appropriate embassy or consulate to know if a passport, visa, or any vaccines are required for the desired fulfillment location of the activity reserved/purchased on the internet platform Clicktodo, or the layover locations before arriving at the destination. Clients have the exclusive responsibility of obtaining these if they are necessary.
2. If the clients do not meet the above formalities, they will be solely responsible for any costs, losses and or damages suffered by themselves or that of Clicktodo due to their negligence. Clients should be aware that in some countries the special formalities could be complex and subject to change at very short notice.
3. The people who travel with only a one way ticket can be refused entry from some countries, if they are not able to prove that they have supporting documentation proving their exit from the country.
In such situations, customers should contact the embassy or consulate of their destination.
4. Clients are also to pay attention to the fact that it is important to remember to obtain traveling visas for all points of passage on their travels where they are necessary. Many countries require that your passport still be valid within the next six months after the end of your stay. Depending on the country, in question different rules apply so for all last minute information and relevant news, Clicktodo recommends that clients come into contact with the embassy or consulate of their destination.
5. Clients must ensure that their passport is legible and intact. Any sign of damage can result in the client being denied boarding or denial of entrance into the countries that the client desires to go. Any additional information ( on the validity of the passport, the passport application deadlines, renewal of a passport, regulations relating to minors, loss or theft of a passport , ... ), Clicktodo recommends that clients come into contact with the related embassy or consulate.
6. Clicktodo recommends that our clients seek advice from a health professional (doctor, nurse, pharmacist or tropical medicine clinic) on vaccines and mandatory or strongly recommended precautions, at least eight weeks prior to travel to the purchased/reserved activity on the internet platform Clicktodo.
7. For all the activities that will take place in the United States of America, Clicktodo recommends that clients be aware of the following:
A visa is required to enter the territory of the United States of America (USA) unless passengers are eligible for the Visa Waiver Program (VWP). Under certain conditions, the VWP allows holders of a full passport and Portuguese, Brazilian or other citizen, that have the right of residence in Portugal, Brazil or other, to fill out a "Visa Waiver" and present it upon arrival. Clients need to ensure compliance with all requests from the US government before confirming the reservation/purchase of an activity.
In the event that a client is suffering from a serious contagious disease (which is important knowledge for public health safety), including HIV, the client will not be covered by the VWP and must possess a valid visa to enter the USA. If the client has been arrested or convicted for any reason and in any country, even if the arrest did not lead to a conviction, for example, highway/drivers code violations, the client may need to obtain a visa. They will have to contact the US Embassy.
ARTICLE 17 - ACTIVITY AND TRAVEL PREPERATIONS
1. Each country publishes its own recommendations about the vacation destinations that are specific to the client's nationality.
ARTICLE 18- SPECIAL REQUESTS
1. In case of special requests' directed towards the provider, the client could directly contact them.
2. In the event the provider in question unavailable for contact, the client can make its request through Clicktodo, which will do everything within, its powers to have the request reach the provider in cause. Clicktodo cannot guarantee that all the special requests of the client's needs will be met because it has no power to force the provider to reply or to confirm through their emails
ARTICLE 19- CLIENT AND PROVIDER COMPLAINTS
1. All complaints from clients and providers about services offered by Clicktodo should be made via registered mail with the following address: Clicktodo SA, Route de Moutier 109, CH-2800 Delémont, Switzerland.
The complaints should be sent to Clicktodo within 10 days, after the acknowledgment of the problem related to the compliant. Claims that exceed this deadline will not be considered by Clicktodo.
Clicktodo only accepts complaints that are accompanied by the original documents related to the problem. Photocopies will not be accepted in any case. Any complications found during the verification process of the facts, fore mostly if the documents produced by the clients or providers are incomplete or incorrect they will not be considered, this detriment being at their own expense.
2. All client complaints regarding any possible inadequate performance or defective compliance or problems encountered during the implementation of the activity reserved/purchased on Clicktodo's internet platform, will be sent directly to the provider concerned.
Given the role of a neutral and independent intermediary, Clicktodo will not intervene in any legal processes between clients and providers.
ARTICLE 20- PROTECTION OF INFORMATION
1. A reference is made to this effect of the provisions related to the protection of information attached to these general terms and conditions.
ARTICLE 21- MOBILE DEVICES
1. Clicktodo permits that their members access offers and content on its internet platform Clicktodo to make reservations/purchases of activities using a mobile device.
2. Hence, Clicktodo reserves the possibility of excluding on select determined mobile devices, some content, services or resources available on its internet platform.
3. Clients and providers can use mobile devices to access offers and content on the internet platform Clicktodo, whether to propose activities or reserve/purchase them, as long as they accept the present general terms and conditions, as well as those of the providers.
4. Clients and providers are bound by the reservations/purchases or offers, just as the fulfillment of a contract made with the help of a mobile device.
ARTICLE 22- PHONE CALL SERVICE
1. As part of the continuation of service to the client, Clicktodo reserves the right to randomly record phone calls.
2. When accepting these present general terms and conditions, clients acknowledge freely their acceptance of this practice.
3. When Clicktodo replies to a call, the first thing that will be announced could be "As a matter of training and quality control, we can record this telephone conversation".
4. The recordings captured will only be used to control the customer service quality.
ARTICLE 23- INSURANCE
1. Clicktodo offers to its client's cancellation insurance for any activity reserved/purchased on its Internet platform (the cost of the insurance being included in the price of the activity reserved / purchased). Therefore, the cancellation insurance only covers cancellation costs exclusively linked to the activity reserved /purchased on the internet platform Clicktodo.
2. If a client already has an insurance policy, that covers the total amount of the activity reserved/ purchased on the internet platform Clicktodo, Clicktodo or the provider concerned will make no refund or reduction in the price of the activity. Clients cannot claim any price reductions.
3. The cancelation insurance has been linked with the insurance partner of Clicktodo: AGA (Allianz Global Assistance), AGA International SA, headquartered in Paris, filial Switzerland 8304 Wallisellen, Hertistrasse 2.
4. The events insured by the cancellation insurance and general of the insurance can be found and consulted on the Internet platform Clicktodo.
5. During the processing of the reservation/purchase of the activity, clients acknowledge having read and understood as well as accepted without any reservations the general conditions related to the cancelation insurance.
6. Clicktodo recommends clients obtain insurance to cover (at minimum) all the damages that not covered by the above given cancellation insurance (example: cancellation insurance for their transportation/ travel, as well as for all the other activities that the customer intends to perform). In addition, to cover all damages, which may ensue from reserving/purchasing an activity and its fulfillment, as well as all, repatriation assistance costs in case of accident or illness abroad...
7. It is the responsibility of clients to acquire the appropriate insurance that meets their particular needs and to conform to the requirements of insurance companies, as well as to provide all relevant information required, for example health/affliction records and subsequent accidents .
8. Clients should keep in mind that in the case of cancelation of an activity reserved/purchased on the internet platform Clicktodo, the commission/provisions received by Clicktodo associated with the price of the activity reserved/purchased, just as the administrative charges for the cancelation of the reservation/purchase will remain in entirety owed and will under no circumstances be reimbursed.
ARTICLE 24- ALTERATIONS OF THE GENERAL TERMS AND CONDITIONS
1. Clicktodo reserves the right of modifying at any moment the present general terms and conditions and of continually publishing the latest version on its internet platform.
2. The essential alterations will be announced to the clients and the providers of the activities with timely notice before enacted into power.
3. If the clients or the providers do not repeal (requesting termination of membership of the Clicktodo) the validity of the new terms and conditions within the span of 30 days, after having received the announcement, the modified conditions will be considered as accepted.
ARTICLE 25 - APPLICABLE LAW
1. All disputes related to these present general terms and conditions between the Clicktodo and one of its members (current or former) depend directly on the Swiss law.
These terms and conditions are exclusively legislated by and construed according to Swiss law.
2. If some of the clauses in the present general terms and conditions should be totally or partially void and unenforceable the validity and application of the other clauses or parts thereof, are not changed. The inapplicable or void clauses will be replaced in this case by other legally valid clauses, which are closest to the sense and economic purpose of the invalid or unenforceable clauses. The process is the same in case of a gap in Swiss law.
ARTICLE 26- LEGAL FORUM
1. In the event of a litigation/dispute between the Clicktodo and clients or providers, only the courts of the Republic and Canton (territory) of Jura - Switzerland (Porrentruy) is competent; this is subject to Articles 31 and 32 of the Swiss Civil Procedure Code.
ARTICLE27- COORDINATES OF CLICKTODO
1. The address to contact Clicktodo is:
Clicktodo SA, Route de Moutier 109, CH-2800 Delémont, Switzerland
ARTICLE 28- USE OF THE INTERNET PLATFORM- EDITORIATL RIGHTS- BRANDING
1. The name and logo Clicktodo and all associated graphics, slogans and distinctive signs are trademarks of Clicktodo or companies in its group.
All other names and logos and the names of all activities and associated products and services, graphics and slogans used on the Internet platform are registered commercial trademarks or otherwise, of their owners. All rights of this form are well recognized.
2. All the rights of authorship and other intellectual property rights related to the content of the internet platform Clicktodo, including the HTML code, text, images and videos are the property of Clicktodo or of the owner who has granted authorization/permission of its use.
3. If any person or client of Clicktodo desires to use the information or the content presented on the internet platform Clicktodo, it is mandatory to obtain written permission from Clicktodo or the owner of the rights of the content in question prior to its use.
It is strictly prohibited for unauthorized third parties to: Modify, copy, transmit, show, execute, publish, record, sublicense, any of the software or information obtained through the internet platform Clicktodo, just as creating works that are derived from the above mentioned. Assuming that expressed authorization was given to create recordings or transmissions, modification or elimination of any reference of authorship or mentioning of the rights of intellectual property is strictly prohibited.
4. Any referencing to the activities, products, commercial signs, registered trademarks or otherwise, and all other information of third parties (in particular the providers of activities) that are present on the internet platform Clicktodo, do not imply or constitute the endorsement, recommendation or support of Clicktodo.
Clicktodo cannot be held responsible for the activities, products , services , commercial signs , trademarks or registered trademarks , and other information available to visitors or clients of its Internet platform Clicktodo that are inserted by third parties. The links to other websites does not imply approval of Clicktodo on its content or any form of association with the author or his manager.
Clicktodo also does not control the content of the web pages with links redirecting you to their platform.
5. Visitors/clients or providers of the internet platform Clicktodo are strictly prohibited of:
1- Using Clicktodo's internet platform for activities that violate Swiss legislation and their visitors or clients of the internet platform, for activities that undermine laws and rights of third-parties or which contravene the rules , requirements and contents or provisions adopted by the competent authorities
2- Using the internet platform Clicktodo as a means of offending, defaming or threatening others/ third-parties.
3- Using any robot, spider or other automated or manual mechanisms to verify processes or make page content available from the internet platform
4. Using Clicktodo's internet platform for purposes that are not related to reservation /purchase activities.
5. Making suspected fake or fraudulent reservation/purchases on the Clicktodo internet platform
6- Give the impression in any way that Clicktodo supports the activities, services or products of third parties
7- Inserting false or irrelevant information on the Clicktodo internet platform
9- Utilizing the internet platform Clicktodo in a way that negatively affects the services or functioning of the platform, computer systems/network or that negatively affects visitors or clients of the internet platform.
10- Upload or transmit on to or through the internet platform, content or software/processes infected with viruses, Trojan horses, worms, time bombs or other programs and processes aimed at permanently or temporarily interrupting its functioning or of the systems utilized by Clicktodo; or pursuing a way of saturating the systems/blocking access rights of third-parties to the system.
11- Utilizing software, routines/subroutines or objects to block the functioning of the internet platform Clicktodo or trying to do so, saturating the computing system of Clicktodo or having this as an objective or obscuring information produced about the internet platform Clicktodo.
6. Clicktodo disclaims all responsibility for any pretensions of clients and providers related to lawsuits, liability claims, damages and losses of any type occurring from the use of its Internet platform by clients and providers of activities or third parties that use in any form, the personal Clicktodo account of the client.
ARTICLE 29- INFORMATION CONTAINED ON THE INTERNET PLATFORM
1. The visible information on the internet platform Clicktodo are posted in good faith and are regularly updated.
Hence, Clicktodo cannot guarantee that they are complete or precise.
2. Clicktodo cannot possibly verify the precision and viability of the information produced by the providers, just like those of the other service providers (time, transportation...).
In no case will Clicktodo be responsible for the mistakes and omissions presently on the internet platform, not for the client or the providers.
3. Clicktodo reserves the right to modify, update, or exclude any information present on its internet platform at any point and without warning.
4. Clicktodo cannot guarantee that its internet platform will function without interruption and without errors or that the information and other available content on its internet platform is free from viruses or other harmful components.
Clicktodo disclaims all responsibility if the visitors/clients/providers of the internet platform suffer any damages due to the problems referred to above. The visitors/clients/providers of the internet platform Clicktodo, accept all the risks associated with the use of this internet platform.
5. Unless otherwise stated, all photographs, videos and other graphic content found on the internet platform have illustrative purposes only and not to use as literal representations of activities/services offered on the Clicktodo Internet platform.
ARTICLE 30- TRANSLATIONS OF THE GENERAL TERMS AND CONDITIONS
1. The present general terms and condtions are available in a variety of languages. In the case that there is a discreprency between the french text and the translated versions, the french version takes precidence/prevails over the translations.
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