General business conditions (12th edition)
for the use of the online services of tribook sa, Vezia (hereinafter referred to as "tribook")

1 Scope
These business conditions govern the use of online services of tribook by natural and/or legal persons who use the online services of tribook (hereinafter referred to as "users"). These general business conditions apply to the use of the websites tribook.com, tribook.ch and all sub-domains that form part of these domains and their services (hereinafter referred to as "tribook websites"). Upon registration as a user (see paragraph 3 below), these general conditions are accepted.
tribook reserves the right to amend these general conditions at any times without the necessity of stating the reasons. The revised general business conditions will be sent to the user by email.

2 Online services
The online services offered by tribook are generally described on the specific internet sites of tribook services (e.g., the tribook booking system, […]).

3 Access to tribook online services
3.1 Technical access is gained by the user over the Internet using an internet enabled device, a provider selected by the user and special software that the user acquires from third parties.
3.2 The use of online services of the tribook website requires registration as a user and the opening of a user account. Registration is free of charge.
3.3 Access to tribook online services is available once the user has set up an available user name, password and the required contact data (hereinafter referred to as "user data") has been registered.
3.4 After the registration, a confirmation email with the user name and password will be sent to the user.
3.5 Persons who are legitimised by the use of their user data are considered, by tribook, as authorised persons for the use of online services for the relevant user accounts.
3.6 The user accepts all transactions made using his or her user data. The user is fully responsible for not disclosing his or her password or account details to a third party.
3.7 There is no public right to registration or the opening of a user account. tribook reserves the right to refuse registration of a user without the need to state the reasons.

4 Due diligence
4.1 The user must protect his password and user name against abuse by unauthorised persons and must not disclose it to a third party.
4.2 If the user becomes aware that his user name is being or has been misused, he or she must inform tribook immediately.
4.3 The user must check all data entered by him or her for completeness and correctness.

5 Blocking and exclusion
5.1 tribook has the right to limit, block, sign off, remove or delete the customer's access to services at all times without the need to state the reasons and without giving prior notice.
5.2 tribook may immediately remove, block or delete the account, if the customer (among other things):
• infringes legal provisions,
• fails to adhere to the general business conditions,
• provides or has provided false information,
• is in default of payment,
• misuses the tribook website or its services,
• uses the services for any type of selling,
• damages the tribook software or attempts to damage the tribook software,
• does not use his account for more than 3 months,
• repeatedly gives unfair, negative or unconstructive ratings in the rating system and blocking is considered to be in the best interests of other users,
• has a very bad overall rating,
• infringes third party rights in connection with the use of the tribook website,
• if orders offend morality,
• if quotations run contrary to legal provisions,
• misuses the services of tribook or if there is another significant reason.

6 Exclusion of liability and risks
6.1 tribook does not assume any liability for direct and/or indirect losses of any kind in connection with the use of online services of tribook, unless they are the result of gross negligence (i.e., gross negligence or intent). This exclusion of liability applies in particular to the following (the list is not necessarily complete):
• loss of use or loss of data
• failure to comply with the terms of any contracts (e.g., bookings) or obligations which have been entered into over the internet platforms of tribook
• incorrect information
• delay in transmitting or handling inquiries, providing information or concluding potential contracts
• use of the internet
• losses resulting from a delay or the impossibility to use the service and connected websites, from the provision of services or from the fact that they have not been/are not provided.
• for breaches or administrative offences of any kind resulting from the use or the posting of items in connection with the use of tribook.
• tribook generally excludes any liability or responsibility for items or services posted in tribook which are illegal.
6.2 tribook does not assume any liability for the items or services themselves, their transport, their insurance nor other contract process related circumstances.
6.3 Subject to further legal prohibitions, in particular the posting of the following items or services is not permitted:
• pets without owner/trainer,
• sound storage media, image carriers or other data carriers not intended for rental or subject to copyright,
• basically all activities or services that are subject to legal penalties or fines.
6.4 tribook does not guarantee that all tribook online services work without interruption, promptly, safely, and free from faults.
6.5 tribook reserves the right to temporarily limit its services if necessary in view of capacity limits, safety and integrity of servers or for execution of technical measures to restore or enhance service provision.
6.6 In order to carry out work on the system, maintenance times are scheduled and announced beforehand and certain functions of the tribook online services will not be accessible at these times.

7 Principles of the booking system
The tribook website is a web enabled booking system that enables users to offer articles and services of all types (hereinafter referred to as "articles" or “items”) for online booking. tribook itself does not offer any articles and does not make any bookings. tribook is not involved in any way in the booking process between two users. tribook provides a rating system for each user account and their articles. The data included in the rating system is provided by the users of the booking system. tribook has no control over the genuineness or the validity of users and/or offers and demands within the booking system.
7.1 tribook reserves the right to amend the order of its booking system within its general principles. In particular, tribook reserves the right to modify the categories or the arrangement of various articles.
7.2 tribook is not responsible for the contents of any linked website or for any links contained in a linked website or for amendments or updates of such websites.
7.3 tribook does not assume any responsibility or liability for deleting, damaging or failure to store messages or other contents which are submitted to a tribook service or stored using a tribook service.

8 Data protection
8.1 tribook will transmit user names and contact data for the required booking process to ensure smooth procurement. In particular, article members must receive user names and contact data from the article managers and the article managers must receive user names and contact data from his article members in order to establish a contact.
8.2 The email address is used to inform the user of activities in his account (e.g., receipt of bookings). The email address is further used as a sender/answering address when the user sends invitations and/or recommendations to third parties.
8.3 tribook users must not use addresses, contact addresses and email addresses received through the use of the tribook booking system for purposes other than contractual communication and communication prior to concluding a contract. In particular engaging in commercial publicity using such data or sending unsolicited publicity (spam) is prohibited.
8.4 tribook uses so-called “cookies” to make our services more user friendly and more effective.
8.5 In the case of misuse, tribook will transmit user data to third parties for legal prosecution.

9 Rating system
9.1 In order to better assess the characteristics of an article or a user, tribook offers a rating system.
9.2 Not all ratings are checked by tribook and they may be spurious or deceptive.
9.3 Any use of the rating system which conflicts with its purpose is prohibited.
9.4 tribook may delete and/or modify ratings without notification, in particular when there is a firm basis for believing that there is an infringement of the general business conditions or the applicable law. There is no claim to restitution of deleted and/or modified ratings.

10 Prices, invoicing and terms of payment
10.1 User registration and the modification of user data with tribook are free of charge.
10.2 tribook basically does not request any fees for bookings on the tribook website.
10.3 Prices comprise of a fee for posting an item and an annual fee for the duration of the subscription. Annual fees will be fully due for each subscription period when items are registered. For items which will be cleared or revoked before expiry of the subscription period, the fee will not be refunded. The valid Euro prices are available on the tribook website.
10.4 After registration of the data for the item in the "insertion process", payment by credit card will be requested for the subscription period. Prior to expiry of the subscription period, payment for a further subscription period will become due. The user may renew his subscription under 'Item – Settings’ and make payment using his or her credit card. When paying by credit card, all prices are quoted inclusive of VAT for owners with their domicile in Switzerland and net for owners with their domicile abroad.
10.5 When payment of an invoice is selected, invoicing for the subscription period will be made after receipt of a signed posting, renewal or conversion contract.
The invoiced amount will be due within 30 days of date of the invoice net without deduction. When paying an invoice, the amount due may be paid using bank transfer or pay-in slip. Any bank charges shall be borne by the customer. When paying by invoice, all prices are quoted exclusive of VAT. In addition, the respective tax will be charged.
10.6 The owner of the item is liable to tribook for full payment of the invoiced amount.
10.7 Usually 30 days prior to the expiry of the current subscription period, a payment reminder is sent to the specified E-mail address. If the contract is not renewed by making the due payment, the subscription period will expire as per contract. If the subscription is not renewed or if payment of an invoice is delayed, the item is blocked. If after one month no payment is received, the item will be deleted and revoked.
10.8 tribook reserves the right to modify fees and to impose new fees as the services are extended. The user is responsible for paying all fees accrued together with the respective tax.

11 Compensation
The user indemnifies tribook against any claims that other users or third parties may have against tribook resulting from the infringement of their rights by the user in connection with the use by him or her of the online services of tribook. The user shall bear all costs for a legal defence of tribook including all court costs and lawyers fees.

12 Reservation of legal provisions/severability
12.1 Any legal provisions which govern the operation and use of the internet shall be reserved and shall apply to tribook online services from their enactment.
12.2 If any single provision of these general business conditions is unenforceable, the remaining provisions shall remain unaffected thereby. The unenforceable provision shall be deemed to be replaced by a provision which comes nearest to the sense and purpose of the unenforceable one and which is legally effective. The same applies to any loopholes in the general business conditions.

13 Applicable law and place of jurisdiction
The above agreement is subject to Swiss law. The place of jurisdiction for all disputes arising from or in connection with this contract is 6943 Vezia.

All rights reserved. Trademarks belong to their respective owners. With the use of this website, you accept the general business conditions of tribook and the data protection declaration. tribook does not assume any liability for the content of linked external internet sites.