Information about Catch Your Guide

Terms of use

CatchYourGuide Terms and Conditions (T&C)


Terms and Conditions of Catch Your Guide GmbH, CH-3436 Zollbrück for usage of the website
www.catchyourguide.com and the acquisition of rights to this website for clients and the disposal of rights for this website for service providers.

The Terms and Conditions listed below shall apply to the usage of the website www.catchyourguide.com (hereafter "CYG") and the acquisition of rights for this website by service providers, buyers and users. CYG is operated by Catch Your Guide GmbH, Schachenstrasse 75, CH-3436 Zollbrück UID CHE-431.659.852 (hereafter "operator").

 

1.     Contractual object, parties

1.1   CYG is a website operated by the operator. Here, end users (hereafter "client") can book services supplied by third parties in the area of accompanied fishing trips (and/or other services) (hereafter "services"). The services are offered and supplied by independent contractors or persons in their own name who are neither by corporate law nor in any other way connected to the operator and who are not entitled to decisional authority (hereafter and in CYG "service provider" or "contractor").

1.2   The operator shall merely act as an intermediary between the service provider and the client. The agreement regarding the service offered by the service provider on the CYG website is concluded directly between the service provider and the client, without any involvement of the operator.

1.3  Within the scope of the diligence customary to the internet economy, the operator shall endeavour to make CYG available with due care.  This shall not include down times due to improvements to the security or integrity of the servers or the websites, or the implementation of necessary technical measures which serve the regular or improved service by the operator (maintenance).  

1.4   The services offered through the operator are exclusively individual services which do not include transport or accommodation of the client in their price. CYG never offers all-inclusive trips.

2.     Registration, agreement between operator and client

2.1   Registration of the service provider and the client shall be a condition for the use of CYG and the conclusion of service agreements with the operator. On registering on www.cyg.com the operator and

-    the client conclude an agreement which entitles the client to use CYG and to obtain rights to utilise services offered by the service providers directly in terms of the requirements set out in these Terms and Conditions.

-    the service provider conclude an agreement entitling the service provider to use CYG and to offer service agreements to clients in terms of the requirements set out in these Terms and Conditions (hereafter "agreement").

2.2   Registration as a client is open only to natural persons, on personal account and in one’s own name. Registration of legal persons and partnerships as clients is fundamentally excluded and, if it has been made anyway, it is regarded as a personal registration of the natural person who registered the legal person or partnership. In each case, registration shall apply to such as number of persons for whom a specific offer is booked; terms like “couple” or “family” are irrelevant for the registration and definition of number of persons, provided that the particular offer does not specify otherwise, and does not entitle more persons to take part in the offer booked as were actually registered.

2.3  Registration as service provider shall only be made to one’s own account and in one’s own name. When a service provider registers his account, his complete company and address data including the name of an authorised contact person and his e-mail address must be provided.  The service provider is responsible for the information furnished by him to the operator on registration being correct and complete.

2.4   By registering, the service provider explicitly declares that he will offer his services on a commercial basis and is not rated as a user or consumer in terms of Swiss Civil Procedure Code, the Federal Act on International Private Law and/or the Lugano Agreement or any other possibly applicable law.

2.5   In order to enter into the agreement legally and effectively in all respects, the client shall affirm that he is of age and sound mind.  If several persons are registered for an offer, the registering client affirms this capacity for all other persons also. If other registered persons are minors or not of sound mind, the client shall affirm that under applicable law he is legally entitled to register them in their stead.

2.6   The operator shall be able to cancel, at any time and without giving any reason and under exclusion of any liability, the account of a client. The client is responsible for the information furnished by him to the operator on registration being correct and complete.  

2.8   Registration for participation in CYG is made by the client or the service provider concluding the submission of his data on the relevant registration page and then clicking on the "register"-button and thus submitting an offer to conclude a user agreement with CYG under these Terms and Conditions, and that the operator accepts this. In addition, the service provider can register by filling in an agreement form which includes these Terms and Conditions.

2.9   If the agreement is not made using an agreement form, after the registration has been completed and possibly verified, the operator will send an e-mail to the client or service provider confirming receipt of the offer to register, which he accepts by sending them their personal access data necessary for using CYG.  

2.10  Registration on CYG is free of charge.

2.11  Entitlement for registration at, and participation in CYG does not exist. The operator specifically reserves the right of not accepting a client or a service provider without stating reasons or to refuse individual offers by a service provider.

2.12  Both the client and the service provider shall undertake to inform the operator unsolicited and immediately of all future changes to data provided in their registration and participation so that such information is always complete and correct. The operator can at any time include or waive additional information and/or verification for specific functions.

2.13  Neither the client nor the service provider are ever entitled to disclose their access data, and especially their password, to any third parties. If, however, third parties obtain access to the account, or a client or the service provider have other indications of the abuse of their accounts, the operator must be informed immediately, and the party concerned must change his access data immediately.

2.14  The operator will not disclose the access data to any third party and will not ask for them in an e-mail or telephone call to the client or service provider.

2.15  If agreements are concluded under the access data of a client, such transactions shall be attributable to the client. He is liable for the quoted price for all transactions concluded via his account unless he has informed the operator in good time about the loss of his access data or any other suspicion of misuse.

2.16  If offers are submitted via the access data of a service provider such transactions shall be attributable to the service provider. He is liable for any possible damages which might arise to the operator because of CYG uploading such offers.

2.17  Multiple registrations on CYG by a client or service provider shall not be permitted. Member accounts are not transferrable.

2.18  The operator will endeavour to offer the service provider the opportunity of uploading and looking after his offer himself via his account. The service provider undertakes to make all information necessary for presenting his offer available. This specifically includes information about the company’s identity, in case of individual enterprises or natural persons the owner’s first and family name and the loadable address, and for companies the company name, the legal form, the authorised representatives and the loadable address.  The service provider shall be obliged to indicate changes to these data on CYG immediately. The service provider shall be obliged to check all information uploaded by the operator and to correct incomplete or incorrect information or mistakes immediately.

2.19  The service provider shall send a description of the services offered to the operator, including location and time, places available and any other important conditions of the relevant offer (choice). Based on this, the client subsequently submits his order to the service provider (offer).

2.20  Downloading an offer on CYG represents a choice, but not a binding offer by the service provider. The binding dispatch of an order by the client is an offer to conclude an agreement. The service provider shall have a time limit of 24 hours to accept it. If the service provider accepts the offer within 24 hours (acceptance) the agreement between the client and the service provider has been concluded. If the service provider refuses the offer within the time limit or does not react, the agreement has not been concluded and the offer elapses without incurring any costs for either party.

2.21  Unless specifically stated in the offer, the price for the offer shall be payable immediately.  The right to take up the service shall only commences after settlement of the quoted price. By settlement, the client shall be entitled to use the service under the conditions described in the offer.

2.22  The operator shall have the discretion which method of payment he makes available for a payment. A selection list is included in the ordering process.

2.23  The client undertakes that he will not act in any way that aims at bypassing the operator’s fee structure.

3.     Rights and obligations of the service provider

3.1   No third party shall have any rights to the picture material or other content downloaded on the site by the service provider. The service provider shall indemnify the operator for all claims which may be invoked against the operator due to the use of the materials made available by the service provider and he shall compensate the operator for any damages which may arise for him consequently, including possible legal expenses for court and lawyer fees.

3.2   The service provider undertakes not to disclose client data which he may obtain in the course of a client using CYG to any third parties without the client’s express consent, or to commercially use such data in any way.  Without specific previous consent of the operator, the service provider shall not send any commercial e-mails or SMS to clients or contact them over and above the necessary degree required for processing the service.  

3.3   The service provider hereby guarantees to the operator that he shall render the service himself and to his own account. The service provider is not an intermediary for offers or payment services.

3.4  The service provider undertakes that he will not act in any way that aims at bypassing the operator’s fee structure.

3.5   The operator shall make any personal client data necessary for processing the service available to the service provider. The service provider shall undertake to use or process such data exclusively as is necessary for processing a concrete service. The service provider shall refrain from using clients’ personal data for his own benefit or disclosing them to third parties. At any time, the operator shall be entitled to check, or having checked, the service provider’s adherence to his Data Protection Policy.

4.     Rights and obligations of the operator towards the service provider

4.1   Where appropriate, the operator shall adjust the design and formatting of the contents submitted by the service provider.

4.2   The operator shall be entitled to engage in online and offline marketing for CYG, specifically search engine marketing. For such search engine marketing measures, the operator shall also be entitled to include the names of service providers registered on the platform and in this way conduct marketing on behalf of the service providers.

4.3   The operator shall be entitled to create and administer directories and data banks of the service providers registered on CYG.

4.4   In terms of this agreement, the operator shall be entitled to include the offers of service providers under full claim for indemnity on the pages of cooperating partners (e.g. White-Label cooperating partners, affiliated partners etc.), provided that the operator informs the service provider in writing (per letter or e-mail) and the service provider does not object within 5 working days.

4.5   The operator shall be entitled to change the name "CYG" or the scope of usage offered on CYG at any time or to completely discontinue the service offers.

5.     Contents and processing of the agreement between client and service provider

5.1   The content of the concluded agreement is determined by the description given by the service provider and the conditions laid down by him (choice). On paying the service provider for the offer, the client shall be legally entitled to avail himself of the service under the conditions described in the offer (specifically group of participants, location and duration). The service provider shall accept the participant named by the operator without any further proof of his right of participation and shall duly render the service. The service provider shall not be entitled to demand from the client any other prices or fees for rendering the service not mentioned in the offer and processed by the operator. 

5.2   If the service is not rendered for reasons not attributable to the client, and the service provider is unable to offer an alternative date acceptable to the client, the service provider will refund the price of the offer less 12% handling fee if the non-replaceable service was communicated to him at the latest 48 hours before the supposed start set by CYG (e.g. in case of an event lasting several days, before the first day on which the service was to have been rendered) either by sending an e-mail to Service@CYG.com or via the contact form in the client’s CYG client account. A refund claim for the offer’s price after the deadline of 48 hours without the communication mentioned above shall not be possible. The client shall have no further rights. Possible further claims shall be made exclusively to the service provider in terms of the agreement between the client and the service provider. The handling fee of 12% is due to the operator.

5.3   Refund claims due to only partially or poorly rendered services shall be submitted exclusively to the respective service provider in terms of the agreement between the client and the service provider. A partial or total refund of the offer’s price by the operator is explicitly excluded.

6.     Exclusion of the right of cancellation

6.1   All services offered on CYG constitute services relating to leisure activities. A client who is domiciled in Switzerland or in a member state of the European Union or the European Economic Area has thus no legal right to cancel an agreement concluded via CYG.

6.2   In so far as the laws of other states provide the client with a right of cancellation of services offered via CYG, this is excluded herewith as far as is legally possible.

6.3   The operator shall also explicitly and completely exclude a contractual right of cancellation by a client.

7.     Cancellation

A client’s cancellation options shall be determined by the conditions in the agreement he has concluded with the service provider. In this case, a possible refund of the offer’s price is made via the service provider.

8.     Remuneration of the operator by the service provider

8.1   For each concluded agreement, the operator shall receive a remuneration in the amount of 12% of the gross revenues.

8.2   The provision is deducted directly from the amount transferred to the operator by the client.

8.3   The operator shall not be entitled to Loss of Earnings Compensation in terms of Art. 2 OR. Apart from the provision, the operator shall not receive any additional compensation for expenditure resulting from his activities in terms of Nr. 5.1 above

8.4   The amount due to the service provider after the deduction of the operator’s claims shall be transferred by the operator into the account to be stipulated by the service provider. Possible transfer fees shall be borne by the service provider. Transfer of the balance shall be made within 20 days after the stipulated start of the service in terms of the agreement between the service provider and the client, in each case at the end of a month.

8.5   The operator shall be able to combine credits due to one and the same service provider in one transfer.

9.     Liability

9.1   All content downloaded to GYC by service providers are exclusively the individual service provider’s. If needed, the operator may merely carry out formatting modifications in the content supplied. However, he does not check whether the services described, and the statements made by the service providers are legitimate, true and complete.

9.2   The service provider shall be liable for any damages arising to the operator due to wrong, incomplete or otherwise unsatisfactory statements. This shall specifically also include damages to the operator due to complaints or other claims by clients insofar as these proceed against the operator, based on the law applicable to the particular relationship and statements made by the service provider.

9.3   THE OPERATOR SHALL NOT BE LIABLE AND PROVIDES NO KIND OF WARRANTY OR GUARANTEE FOR OFFERS MADE ON CYG. ANY CLAIMS MADE BY CLIENTS, IRRESPECTIVE UNDER WHICH LAW AND FOR WHICHEVER LEGAL REASON, SHALL BE DIRECTED TO THE SERVICE PROVIDER AT ANY TIME DISCLOSED BY THE OPERATOR.

THE CLIENT SHALL TAKE NOTE THAT THE OPERATOR EXCLUSIVELY MAKES A PLATFORM AVAILABLE AND OPERATES IT TO MEDIATE FISHING TRIPS (AND/OR OTHER SERVICES) AND DOES NOT MAKE, OR INTENDS TO MAKE, ANY STATEMENT ABOUT THE QUALITY OF THE OFFERS NOR THEIR RELIABILITY AND/OR REPUTATION, OR CREATES OR WANTS TO CREATE ANY EXPECTATIONS. THE CLIENT CONCLUDES THE AGREEMENT WITH THE SERVICE PROVIDER EXCLUSIVELY AT HIS OWN RISK.

THE GRADING SYSTEM CREATED ON CYG FUNCTIONS QUALITATIVELY NEUTRALLY AND IS BASED EXCLUSIVELY ON CLIENT REVIEWS.  THE EVALUATIONS MADE BY A SERVICE PROVIDER CANNOT BE ATTRIBUTED TO THE OPERATOR, NEITHER INDIVIDUALLY NOR COLLECTIVELY. THE OPERATOR SHALL IN NO WAY BE OBLIGED TO CHECK EVALUATIONS AND/OR TO UNDERTAKE ANY SPECIAL PRECAUTIONS OR MEASURES BASED ON THE CONTENTS OF EVALUATIONS.

9.4   The pictures provided on CYG serve only as illustrations; they are symbolic images. The operator and the specific service provider shall reserve the right for reasonable deviations from the symbolic images.  

9.5   The operator shall be liable only for direct damages arising from his own deliberate or grossly negligent actions. The liability of the operator for direct damages due to slight negligence – for whatever legal reason – is specifically excluded, with reservation of compulsory legal provisions. A liability of the operator for indirect damages or consequential damages – for whatever legal reason – shall be completely and expressly excluded.

10.   Evaluation and complaints

10.1  On CYG, the operator offers clients a chance to evaluate the performance of a service provider.

10.2  The operator is entitled but not obliged to make such evaluations visible on CYG for all users of CYG. An client’s evaluation on CYG expresses only his own views which the operator does not adopt.

10.3  The client shall be obliged to make true statements in the evaluations he gives. The evaluations shall be factual and may not include personal insults, advertising or personal client data. Making misleading evaluations or manipulating the evaluation system for one’s own advantage or the advantage of third parties shall not be permitted.

10.4  The operator shall reserve the right to delete evaluations submitted by clients independently, or in consultation with the service provider concerned. However, the operator is not liable for the contents of evaluations, neither is he obliged to delete evaluations unless an evaluation contains blatantly actionable or false statements.

10.5  As a contact person for a client, the operator can receive, process and forward complaints related to the service provider’s service. However, the operator shall not be obliged to do this. For client complaints the service provider is the exclusive addressee.

11.   Duration, blocking and termination

11.1  The agreement to use CYG is concluded for an indefinite period of time. It is initiated with the operator activating the client’s or service provider’s account and may be closed by both parties at any time by deleting the account properly or exceptionally, with reservation of Nr. 8.2 above.

11.2  The client and/or the service provider is aware that in terms of Nr. 8.1 above he is obliged to fulfil all obligations up to the discontinuation of the agreement. A client’s obligations arising from gaining rights to services, or the service provider’s arising from the service agreement concluded with the operator, shall always be fulfilled, regardless whether an agreement for the usage of CYG exists or not.

11.3  The operator shall be able to terminate the user agreement particularly, and under exclusion of any liability.

if the client

a)  deliberately downloads false statements within the framework of the evaluation system,

b)  has made false or incomplete statements when registering

c)   repeatedly contravenes other contractual duties and does not cease contraventions even

      after the operator’s request;

when the service provider

d)  deliberately makes false statements,

e)  repeatedly is the object of clients’ complaints, regardless of the justification for such complaints,

c)   repeatedly contravenes other contractual duties and does not cease contraventions even after the operator’s request,

and generally, when the operator changes his business model or ceases CYG operations for any other reason.

11.4  If the operator has terminated the agreement, the client and/or the service provider shall not be entitled to set up a new account, not under a new name nor another designation.

11.5  The agreement with the service provider shall be considered automatically terminated without a written notice to the contrary (per letter or e-mail) if the service provider loses his status as commercial enterprise and is regarded as user or consumer in terms of a relevant law.

12.   Miscellaneous

12.1  The operator reserves the right to change these Terms and Conditions at any time and without stating his reasons. The major obligations incumbent upon the parties shall not be affected. The changed conditions shall be communicated to the client and/or the service provider at the latest four weeks in advance of their becoming effective. If a client or service provider does not object to the validity of the new conditions of use within four weeks (after receipt of the above-mentioned communication), the changed conditions of use shall be deemed accepted. The operator shall severally point out the importance of this deadline, the right to object and the legal consequences of maintaining silence.  

12.2  The settlement of claims shall be excluded unless expressly provided otherwise under Nr. 8 above. 

12.3  In this business relationship, the operator and the service provider shall maintain their full autonomy and individual responsibility. They assert expressly that they do not form an unregistered partnership according to Art. 530 ff. OR, no joint venture, nor any other partnership of convenience under any law whatsoever.

12.4  The rights and obligations under this agreement can only be transferred after the prior consent of the operator.

12.5  If individual provisions of these Terms and Conditions are, or become, invalid and/or contradict legal regulations, the validity of the rest of the conditions of use shall not be affected. The invalid provision shall be replaced by a mutually agreeable provision that most closely approximates the legally effective spirit and purpose of the invalid provision.  The preceding regulation shall also apply to loopholes.

12.6  Subject to other mandatory jurisdictions for consumers and/or  users, the regular courts at the operator’s domicile are to be exclusively competent for disputes in terms of these Terms and Conditions.  

12.7  These Terms and Conditions were compiled under the legal structure of the Swiss Confederation. The law of Switzerland shall remain exclusively applicable. If, by way of exception, due to mandatory legal provisions for consumers or users, a law other than Swiss law should apply to these Terms and Conditions, then according to this law it is understood as agreed that the legal consequence most closely resembling the Swiss legal consequence applies – unless this is not permissible under the mandatory foreign law.

As at: March 2018