GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS – COLLABORATIVE TOURISM PLATFORM "DZIN.CH"
Version date: 27 February 2017
The General Terms and Conditions of the collaborative tourism platform www.dzin.ch comprise the General Terms and Conditions of Use, the General Terms and Conditions for Hosts, the General Terms and Conditions for Visitors and the Legal Notices. Together they form the "General Terms and Conditions". By using the platform www.dzin.ch, you agree to be bound by these General Terms and Conditions. If you refuse to be bound by these General Terms and Conditions, you may not use the platform www.dzin.ch and must leave it without fail.


I. GENERAL CONDITIONS OF USE

 
1. Definitions

 
A User is any natural person or legal entity who visits and/or uses the platform www.dzin.ch, including Hosts and Visitors.
 
A Host is any natural person or legal entity who offers an Activity on the platform www.dzin.ch.
 
A Visitor is any natural person over the age of majority, who is capable of making a judgement and/or has legal capacity to enter into a contract and who books an Activity offered by a Host on the platform www.dzin.ch.
 
An Activity is any craft, cultural, sporting or leisure activity offered by a Host on the platform www.dzin.ch.
 
2. General remarks

The platform www.dzin.ch is the property of the Union fribourgeoise du Tourisme (hereinafter "UFT").
www.dzin.ch is a listing and sharing platform designed to put Visitors who are visiting a particular region as tourists in touch with Hosts offering a craft, cultural, sporting or leisure activity that may be of interest.
The purpose of the platform is to facilitate meetings between one or more people to share an Activity offered by a Host.
The Hosts' offers as listed on the platform are classed as Activities. These Activities must meet a number of objective criteria, defined in the General Terms and Conditions for Hosts (section III).
The platform must not be used for illegal or harmful purposes.
The UFT reserves the right to amend these General Terms and Conditions at any time. Should a new version of these General Terms and Conditions be produced, the version that applies to any User shall be the one in effect at the time of their booking. The French version of these General Terms and Conditions shall be deemed authoritative.
 
3. Formation of the contract and services

 
The definition and publication of an Activity on the platform constitute a precontractual offer.
 
A contract of sale is formed between the Host and the Visitor once the Visitor's registration for an Activity has been confirmed.
 
The subject of the contract is on the one hand, the organisation and delivery of the Activity offered by the Host and their participation in said Activity, and on the other, the price paid by the Visitor for their participation in the Activity selected. The price is the price shown on the platform for the Activity selected, or the price proposed in the e-mail in the event of the Activity being offered privately.
 
The Host and the Visitor undertake to comply with the terms and conditions of this contract. The terms and conditions of the contract are first, those shown in these General Terms and Conditions and secondly, those defined in the "Activity Description" offered by the Host and, if applicable, the terms of the agreements the Host has agreed by corresponding directly with the Visitor(s), regardless of whether such agreements have been reached through the platform or not.
 
The role of the UFT is solely as an intermediary to publicise the Activity or Activities offered by the Host(s). Any contract relating to the delivery of an Activity is formed directly between the Visitor(s) and the Host(s) concerned at the time of booking.
 
The UFT cannot be considered as a contracting party between the Visitor and the Host and accepts no responsibility for the smooth running of the booking process and/or the quality and delivery of the Activities offered.
 
4. Price, booking fees and commission
 
The price shown on the platform is the price requested by the Host for an Activity. Prices are shown per person and inclusive of all taxes, including commission and booking fees payable to the UFT.
 
The UFT has no involvement in setting prices, which are the sole responsibility of the Host. However, the price may not be less than CHF 10 per person per Activity.
 
The UFT receives a commission and booking fees in return for the use of the platform. Commission is set at 15% of the total price and booking fees at 5% of the total price. These are paid at the point of making a booking on the platform.
 
The amount of commission payable is subject to change. In this case, Hosts will be notified six months before the new commission comes into effect.
 
5. Payment terms and methods
 
Financial transactions are managed by Braintree. These services are offered on the platform as a means of paying for an Activity. No other payment method is offered on the platform.
Creating an account on the platform automatically results in creating an account with Braintree, as defined in the General Conditions of Use (CGU) issued by Braintree. The User agrees to be bound by the CGU of the electronic currency Braintree.
Payment for the activity by the Visitor is made by bank card (Visa, MasterCard, Discover, American Express, Diners) at the time of booking. The amount is stored in electronic form in the electronic currency account opened in the name of the Visitor through the Braintree payment module.
Once the Activity is complete, the Host receives the amount due in their electronic currency account, minus the commission and booking fee payable to the platform in the month following the date of the Activity concerned. Payment must be made to the bank account indicated by the Host.

6. Cancellation and refund conditions
 
6.1. Cancellation by the Visitor
 
If the Visitor cancels more than seven days (168 hours) before the Activity (on the agreed date and time), their booking will be cancelled and they will be reimbursed for the full amount paid minus the booking fees, i.e. 5% of the price indicated. Refunds will be made to the Visitor's credit card.
 
If the Visitor:
  • cancels less than seven days (168 hours) before the Activity;
  • fails to attend the Activity they have booked;
  • arrives at the Activity more than 30 minutes late;
the sums paid by the Visitor will remain due and be paid to the Host and UFT.
 
6.2. Cancellation by the Host
 
The Host undertakes only to cancel the Activity for legitimate reasons. These include but are not limited to: a death in their family, serious accident or illness. The Activity may also be cancelled if the weather conditions would make it dangerous to proceed with the Activity.
 
If the Host:
  • cancels the Activity for any reason whatsoever;
  • fails to take part in the Activity the Visitor has booked on the platform;
  • arrives at the location referred to in the Activity Description more than 30 minutes late;
the Visitor will be fully reimbursed for the sum paid for the Activity, including the booking fees and commission payable to the UFT.
 
A Host who cancels an Activity less than 48 hours before the scheduled date and time undertakes to contact each Visitor taking part in the Activity by phone.
 
6.3. Cancellation resulting from failure to reach minimum number of participants

 
If the minimum number of Visitors required to participate in the Activity set by the Host (between one and four) is not reached, Visitors who have already registered will receive an automatic e-mail 72 hours before the scheduled date and time of the Activity inviting them to:
 
  • Cancel the Activity and receive a full refund
  • Make the Activity a private event for a fixed price
 
If several Visitors wish to make the Activity a private event, a "first come, first served" rule will apply, i.e. it will go to the first person to select "make the Activity private". 
 
In the case of unjustified cancellations, the UFT reserves the right to contact the Host to provide a justification or delete their account and end any further cooperation.
 
7. Intellectual property relating to Content published on the platform
 
The content you publish as a Host (including your Host profile, Activity description and photos) or as a Visitor (including comments left about an Activity and photos) (hereinafter the "Content") belong to you and are your responsibility. 
 
By publishing Content on the platform:
a)    you expressly accept that this is made available to the public;
b)    you allow anyone, including people who are not using the platform, to access and use said content, and to associate it with you;
c)     you acknowledge that said Content does not grant you any right, of any kind whatsoever, including but not limited to any right of ownership, including intellectual property rights, to the platform and/or its content (other than the Content taken in isolation);
d)    you undertake only to publish content on the platform for which you hold the intellectual property rights.
e)    for photographs in particular, you undertake only to publish those you have taken personally or to which you have been assigned the intellectual property rights. Furthermore, by taking part in an Activity, you agree to be identifiable on any photographs that may be published on the platform.
f)     you grant the UFT a non-exclusive, transferrable, royalty-free, worldwide licence, which may be sub-licensed, for the use of the Content you publish on the platform or in relation to the platform.
 
With regard to Content published on the platform:
a)    the UFT reserves the right to modify and delete any Content that it deems to be inaccurate or inappropriate without the need to justify its decision;
b)    any deleted Content may be stored in an archive;
c)     any Content in breach of the law and/or which hinders the operation of the platform is prohibited and will be removed.
 
8. UFT liability and guarantee
 
8.1. Exclusion of UFT's liability in relation to the platform

 
The UFT may not be held liable for any error, omission, interruption, deletion, any defect or delay in operation or transmission, any theft or destruction or unauthorised access or any problem in communication with any User.
 
The UFT does not guarantee the relevance and/or veracity of the information exchanged on the platform.
 
The UFT does not guarantee the continued availability of the services it offers and may temporarily suspend access to its services, in particular for technical or maintenance reasons; no entitlement to compensation will arise as a result.
 
8.2. Exclusion of the UFT's liability in respect of the Activities themselves
 
The UFT declines any liability in the case of an accident.
 
The organisation, completion and participation of Hosts and Visitors in the Activities offered on the platform are their sole responsibility.
 
The UFT is not responsible for the performance or quality of the Activity.
 
8.3. Exclusion of the UFT's liability in respect of the regulations applicable to an activity
 
The User undertakes to comply with the regulations in effect, including but not limited to, tax, administrative, social and civil legislation, which may be applicable to them as a Host, Visitor or simply as a User.
 
The UFT may not be held liable for any breach of the applicable regulations by a User.
 
In the event of a dispute between the Host and the Visitor resulting from the failure by one of said Parties to comply with its contractual obligations, the UFT may not be held liable in any way.
 
9. Complaints
 
The Host and the Visitor undertake to comply with the particular stipulations referred to in the Activity Description published on the platform.
 
Should a Host have failed to fulfil or only partially fulfilled its obligations towards their Visitor, the Visitor may, up to five (5) days following the completion of the Activity, make a complaint, explaining their reasons and the details of the situation, by sending an e-mail with the date and references for the Activity to  info@dzin.ch. The period of five (5) working days begins on the first working day following the completion of the Activity. Payment of the contribution to the Host will then be blocked.
 
If the complaint against the Host is found to be justified, the UFT will decide to refund the Visitor's payment fully or in part (including the platform's commission and booking fee) as soon as possible.
 
Any other complaints related to an Activity, the behaviour of a Visitor or Host or the use of the platform must also be sent to info@dzin.ch.
 
10. Exclusion – deregistration

The UFT reserves the right to remove the User's access to the platform unilaterally and without prior notice should they fail to comply with the General Terms and Conditions.
Should a User decide to deregister from the Dzin platform, they must write to "Union fribourgeoise du Tourisme, Dzin, Route de la Glâne 107, CP 1560, 1701 Fribourg" or "info@dzin.ch". Their account will be deactivated within five (5) working days following receipt of their e-mail or letter. Bookings that have already been accepted or confirmed will, however, remain in place. Otherwise, in the event of deregistration by the Host, the commission and booking fees will be payable by the Host.
 
11. Applicable law and jurisdiction
 
Only Swiss law will apply. In the event of a dispute, the place of jurisdiction will be Fribourg (Switzerland).

***

II.    GENERAL TERMS AND CONDITIONS FOR VISITORS

1.    Creation of a Visitor account and booking Activities
 
In order to book an Activity, the Visitor must first create an account and complete the required information. The Visitor guarantees that this information is complete, accurate and honest.
The Activities published on the platform are defined and proposed by Hosts. Before booking an Activity, the Visitor must read the Activity Description and, if necessary, obtain information directly from the Host concerned.
An Activity may be booked up to 24 or 48 hours before its scheduled date and time.
A Visitor who registers for an Activity will receive an automated e-mail confirming that their booking has been registered. If they do not receive said e-mail, it is the Visitor's responsibility to check with info@dzin.ch.
No further registrations will be accepted once the number of Visitors reaches the maximum limit set by the Host for their Activity.
Payment must be made according to the payment terms stipulated in the General Conditions of Use 1.5 above.
Once the e-mail confirming the registration has been received, the Visitor and the Host are bound by a contract of sale.
An e-mail confirming that the Activity is taking place is sent to each Visitor 24 or 48 hours before the scheduled date and time for the Activity.

2. Specific commitments for Visitors
 
The Visitor undertakes to:
  • arrive at the designated location on time;
  • comply with the special conditions stipulated by the Host in the Activity Description as shown on the platform (including, for example, minimum age, level of physical condition, equipment, etc.);
  • comply with instructions given by their Host during the course of the Activity.
 
3. Principles of openness, respect, tolerance and non-discrimination
 
The platform aims to help you meet one or more people from a different culture around the activity offered. Through the service, Visitors have the chance to participate in an Activity with the Host alongside other Visitors.
The Visitor undertakes to:
  • respect their Host and other Visitors and their respective cultures, and treat them in a non-discriminatory manner;
  • inform their Host if there is anything that might prevent them from taking part in the Activity (mobility problems, allergies, etc.);
  • respect the presence of other people (family, employees, animals, etc.);
  • respect the premises and places they visit, including any furniture or other items present;
  • not enter other rooms unless invited to do so.
 
4. Visitors' responsibilities and insurance
 
By registering for an Activity, the Visitor confirms that they are covered by all the necessary types of insurance at a sufficient level to participate in the Activity concerned. They accept the risks inherent in taking part in the Activity (damage to equipment, contamination, accidents, etc.).
 
The Visitor acknowledges that their participation in the Activity is at their own risk and under their own responsibility.
 
The Visitor undertakes to comply with the particular stipulations referred to in the Activity Description published on the platform. If a Visitor does not meet a requirement for participating in the Activity offered by the Host, the latter may refuse to allow the Visitor to take part and the Visitor will not receive a refund. The UFT declines any responsibility if the Host agrees that a Visitor who does not fulfil the conditions required for the proposed Activity may participate.
 
Visitors will be held liable by the Host and the UFT should they refuse to pay for the Activity without justification.

***

III. GENERAL TERMS AND CONDITIONS FOR HOSTS

1. Creation of a Host account and listing an Activity

In order to become a Host, the future Host must first complete a "proposed Activity" form that will be examined and approved by the UFT.
The Host undertakes to describe the content of the proposed Activity as clearly as possible, and in particular to describe it accurately and in detail, indicating precisely all the elements included and the conditions for taking part (in particular physical condition, age, equipment, etc.). The information about the Activity and the conditions for participation form the "Activity Description".
The proposed Activity must also fulfil the following criteria, failing which the UFT reserves the right to refuse it:
  • the Activity must involve a human interaction;
  • the Activity must be rooted in the local area;
  • the Activity must be offered on a minimum of four dates a year (two dates per activity for two or more different activities);
  • the minimum fee for an Activity must be CHF 10 per person (full price and concessionary rates);
  • the minimum number of participants to guarantee an Activity must be between one and four;
  • the maximum number of participants for an Activity must not be more than 20;
  • the Activity must take place in a tourist region of the canton of Fribourg, in one of the seven (7) districts respectively (including non-Fribourg enclaves).
 
Once the Activity has been validated by the UFT, the future Host will be sent a log-in by e-mail. They must create an account and complete the required information. The Host's profile photo and description must represent them as accurately as possible.
The Host guarantees that all the information they publish on the platform is complete, accurate, honest and up to date.
A Host may offer several types of Activity on the platform.
The UFT reserves the right to correct any errors in the information about the Activity directly on the Host's account without prior notification.
 
2. Host's commitments

The Host undertakes to:
  • arrive at the designated location on time;
  • comply with the particular stipulations referred to in the Activity Description published on the platform;
  • ensure that the Activity lasts at least as long as the time announced in the Activity Description on the platform;
  • only cancel the Activity on legitimate grounds;
  • only accept the number of participants they can easily manage;
  • not offer the same Activity on another site putting people who wish to meet locally to take part in an activity in contact with each other;
  • only allow Visitors who have booked via the platform www.dzin.ch to take part in an Activity listed on the platform;
  • not to accept any remuneration other than that received from bookings for the Activity on the platform (excluding tips).
Moreover, the Host guarantees the veracity of the information contained in the Activity Description and their profile.

3. Principles of openness, respect, tolerance and non-discrimination

The Host undertakes to:
-       respect their Visitors and their respective cultures, and treat them in a non-discriminatory manner;
-       offer them a warm welcome, with a smile, enthusiasm and openness;
-       help others engage with their Activity in a spirit of friendliness and sharing;
-       offer an activity that is as representative as possible of their passion or occupation.
 
4. Host's responsibilities and insurance
 
The Host will ensure Visitors' safety and must have sufficient and appropriate insurance for the Activity offered. The Host must have private public liability insurance as a minimum. Insurance cover must be appropriate for the proposed Activity, in particular with regard to the level of risk.
The Host confirms that they have all the authorisations of any kind necessary to run each of the Activities they are offering on the platform and are up to date with their statutory obligations (including tax, social security and insurance requirements).
 
The Host acknowledges and accepts that acting as a Host entails certain risks (damage to property, contamination, etc.).

5. Compliance with legislation in effect

The Host undertakes to comply with administrative, tax, social and any other regulations that could apply to them with regard to the Activity offered.
 
The Host undertakes not to offer any Activity that would be contrary to public order or any local, co-ownership or other regulations to which they may be subject.
 
Should the Host need to hire someone to help run their Activity, they undertake to comply with the applicable legal requirements, in particular in respect of employment law and social insurance (AVS (old age and survivors), 2nd pillar, accident insurance, etc.).
According to Swiss federal law, if the profits made by a Host exceed CHF 2,300 per year, they must be affiliated with an AVS insurance fund for the normal deduction of social-security contributions.
 
Depending on their status, Hosts may be subject to VAT. They undertake to declare the VAT collected in their VAT calculation.
 
Hosts are also responsible for the payment of all other taxes and dues applicable to the proposed Activities.

***

IV. LEGAL NOTICES

NON-LIABILITY CLAUSE / DECLARATION ON DATA PROTECTION ON THE PLATFORM

1.    Copyright and trademarks

The content of all pages on the website www.dzin.ch is legally protected by copyright. All rights are held by the UFT or the hosts. The elements of the website www.dzin.ch are accessible to the public for browsing only. Photocopying any or all of the documents in written or electronic form is only authorised with express reference to www.dzin.ch. Reproducing, communicating, modifying, combining or using the website www.dzin.ch for commercial or dissemination purposes without the UFT's prior written permission is prohibited. All names and logos shown on the website www.dzin.ch are registered and protected trademarks. The website www.dzin.ch is designed so that no right or licence may be granted for the use of any illustration, registered trademark or logo. Downloading or copying the website www.dzin.ch either fully or in part does not grant any rights to the software or content of the site. The UFT reserves all rights to all content on the website www.dzin.ch except for rights held by third parties. Photos are protected by copyright © and are the property of the photographers concerned.
 
2.    Absence of guarantee

Although the UFT makes every effort, in good faith, to guarantee the reliability of the information found on the website www.dzin.ch at the time of its publication, neither the UFT nor its contractual partners can formally certify or confirm, either explicitly or implicitly (including in respect of third parties) the accuracy, reliability or completeness of the information found on www.dzin.ch. The opinions expressed and other information found on the website www.dzin.ch may be modified at any time without prior warning. The UFT declines any responsibility and offers no guarantee whatsoever that the functions available on the website www.dzin.ch will never be interrupted, or with regard to the absence of viruses or other harmful elements in the browser concerned.
The UFT cannot be held liable in the case of a failure of the payment service provided by its partner.

3.    Limitation of liability

The UFT declines any responsibility for any direct, indirect or consequential damage that may result from access to the elements of the website www.dzin.ch or their use, in respect of the impossibility of accessing them or using them or as a result of connecting to other websites.
 
4.    Connection (links) to other websites


The website www.dzin.ch contains links to third-party websites that may be of interest to you. By clicking on these links, you may either leave the website www.dzin.ch or windows of third-party sites may appear in the environment of the website www.dzin.ch. The UFT has no control over third-party websites linked to the site www.dzin.ch and cannot under any circumstances be held liable for the content or operation of said websites. This applies regardless of whether you leave the environment of the website www.dzin.ch by clicking on a link or a third-party site appears in the environment of the website www.dzin.ch, even if in this case, the publisher of the information shown on the third-party site is not clearly indicated. Any risk or danger arising from connecting to or viewing third-party sites is the user's sole responsibility.
 
5.    Data protection

Data protection is a priority for the UFT. As a User of the platform, you decide which information you choose to share. In general terms, no personal data concerning you is recorded on www.dzin.ch after your visit unless you have expressly authorised it. In some cases, you will need to provide your name and contact details; when information of this kind is required, you will be informed appropriately. Data received via the internet or e-mail will be processed on the basis of complete confidentiality. Please note that these data are given to the service providers cited. Furthermore, the UFT reserves the right also to use your details for marketing purposes or to authorise a third party to carry out a specific project, for example a market research study or judging a competition. Any other use of your personal data, in particular sale to third parties, is expressly excluded.
 
6.    Google Analytics

This site uses Google Analytics, a website analysis service provided by Google Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your computer to help the website analyse the use of the site by its users. The data generated by cookies concerning your use of the site (including your IP address) will be sent and stored by Google on servers located in the United States. Google will use this information to evaluate your use of the site, compile reports on site activity for its publisher and provide other services relating to activity on the site and use of the internet. Google may communicate these data to third parties if legally required to do so or when said third parties process these data on behalf of Google, including among others, the publisher of the site. Google will not cross-reference your IP address with any other data held by Google. You may disable the use of cookies by selecting the appropriate settings in your browser. This may, however, prevent you from using certain site functionalities. By using this website, you expressly agree to your personal data being processed by Google in accordance with the conditions and for the purposes described above.
 
7.    Cookies

Cookies are codes that a server saves onto your hard disk to identify you on protected database systems more effectively. You can, however, adjust your browser settings to warn you when you receive a cookie or to refuse them automatically. You therefore decide whether or not to accept a cookie. However, refusing cookies means that you will not be able to open an account on www.dzin.ch or place orders online.
 
8.    General

This page was last updated on 27 February 2017. If you have any questions or comments regarding our legal notices or data protection, please contact info@dzin.ch.

Contact

Union fribourgeoise du Tourisme
Dzin
Route de la Glâne 107
Case postale 1560
1701 Fribourg
info@dzin.ch

Activities Andrenâye




PricePriceDurationDurationParticipantsParticipants

Hosts Ôto