Name and address of activity provider
(hereinafter referred to as the "Merchant")
(hereinafter referred to as the "Merchant")
TrekkSoft AG, Hauptstrasse 15, CH 3800 Matten b. Interlaken, Switzerland
(hereinafter referred to as "TS")
TS agrees to provide Merchant, within the scope of this agreement, with its TrekkSoft booking and collection platform (hereinafter referred to as "TSP") and to update and maintain the required software and infrastructure on a regular basis. TSP offers an "opt-in" option for Merchants for additional distribution (see below). If such option is activated by Merchant, the TSP enables direct transactions between Merchant and the end customers of the distribution partners of TS.
The design and maintenance of the TSP content is the sole responsibility of Merchant. Merchant hereby guarantees that the entire content used on its TSP such as the designs, texts, graphics, logos, icons, images, photographs, digital downloads, etc. do not infringe any rights of third parties, in particular no intellectual property rights, and that as far as such protected content is used, it is acting with the prior written consent of the owner of such rights. Merchant hereby undertakes to hold TS harmless for any damages incurred of any kind or nature, including but not limited to direct, indirect, immediate, incidental, consequential, exemplary, special (including loss of profit), punitive or other damages arising from or in connection with infringements of third party rights through its TSP, including reasonable lawyer’s fees.
Merchant hereby guarantees to TS that all the services and products offered by it on the TSP can be obtained under the offered conditions. Merchant also guarantees that it will fulfill, in compliance with the respective contract, all the contractual obligations with end customers that it enters into via the TSP. Merchant also agrees to enter cancellations of payments, rejections of offers, or similar transactions in connection with services paid for via the TSP, correctly in the TSP without delay. Merchant shall do so in such a way that the reverse transfer (refund) to the end customer's credit card is assured within the shortest time possible.
Merchant is itself responsible for correctly entering and paying its taxes. TS expressly advises Merchant that TS shall only pay VAT on the added value that it generates (corresponding to the Commission as defined hereinbelow), but not on the sales generated by Merchant (less Commission as defined hereinbelow). Place of performance for TS is Matten, Switzerland.
In case Merchant is domiciled outside of Switzerland, TS may apply for a “reverse charge” VAT scheme, which means that Merchant is solely responsible for declaring and paying VAT in accordance with applicable laws in its domicile country.
(Explanation of “reverse charge VAT scheme”: VAT is normally charged and accounted for by the supplier of the goods or services. However, in certain limited circumstances the recipient of goods or services, rather than the supplier, is obliged to account for the VAT due. If the “reverse charge” VAT is applicable, Merchant is solely responsible for the correct declaration and payment of the VAT.)
Credit card collection in the context of the TSP is carried out by a credit card collection operator of TS’ choice, which shall be the sole and direct contracting party of Merchant in this respect. Merchant, however, hereby expressly acknowledges that any payments to TS by such credit card collection operator shall discharge the relevant credit card collection operator from its obligations vis-à-vis the Merchant. TS is hereby empowered by Merchant to work with any credit card collection operator or similar operator as TS may deem fit in its own absolute and unrestricted discretion and hereby consents to such choice by TS or any change of the credit card collection operator by TS without obtaining any further consent from Merchant. Merchant hereby in this respect empowers TS (i) to legally represent Merchant vis-à -vis any credit card collection operator or similar operator on its behalf and on its account, (ii) to enter into the contractual relationships in Merchant’s name that are required for this purpose with any credit card collection operator or similar operator chosen by TS, (iii) to receive payments from any such operator on Merchant’s behalf and (iv) to forward such payments to Merchant in accordance with the conditions of this agreement.
In return, Merchant shall allow TS to retain a fixed fee per transaction handled through the TSP (Transaction fee) and/or, if a subscription plan is chosen by Merchant, a monthly fixed fee (hereinafter each individually and jointly referred to as the "Commission"). Merchant hereby expressly authorizes TS to deduct the Commission from the amount transferred to it by the credit card collection operator and to transfer the remaining net amount to Merchant. The statement shall be prepared and the transfer made at the end of each month or week, to the bank account, PayPal Account, Payoneer Account, Skrill Account or any other transferee account as indicated by Merchant in the backend of TrekkSoft. Any payment fees charged from third parties (for example bank fees, intermediary bank fees etc.) are to be borne and the sole responsibility of the Merchant and may, if charged to TS, be set off against and be deducted from the aforementioned net amount. TS cannot be held responsible for third party costs or transfer fees arising from the transfer of funds to the selected account. The transfer to the bank account or alternative payment method thus indicated most recently by Merchant shall discharge TS from its payment obligations vis-à-vis Merchant in each case.
In case that Merchant chooses a subscription plan (Standard, Premium, Professional or Enterprise), it has to pay a fixed monthly subscription fee for the use of TS in return for a reduced rate for the payment gateway. The fixed monthly subscription fee is automatically charged to the credit card provided by Merchant. TS may offer varying payment gateway options limited to certain subscription plans. In case a third party payment gateway is chosen, TS is unable to control the flow of funds and shall not be held responsible for any functionality of any third party gateway. The parties hereto agree that in such case Merchant has a direct contractual relationship with the respective specific payment solution provider to which TS is not a party. TS shall not be liable to Merchant for any damage or loss incurred in connection with the use of such third party payment gateway.
Merchant hereby assures TS and the credit card collection operator of the noncriminal origin of all the funds transferred in connection with the TSP and its unrestricted beneficial ownership of such funds. Merchant and TS agree that only Merchant is the contracting party of Merchant's end customers. Merchant hereby undertakes to refrain from any actions that could create the impression that TS is in a contractual relationship with Merchant's end customers or TS would otherwise be liable for the actions, omissions or any other behavior of Merchant. Merchant furthermore guarantees to TS that it is adequately insured against the risks incurred in its business operations. Merchant owns all necessary user rights with respect to and/or has sufficient legal title to all of the data collected from its customers in connection with the processing of such data by the TSP.
Merchant may "opt-in" to request TS to facilitate the contact of Merchant’s customers on Merchant’s behalf by email via the TSP. All emails subsequently sent to Merchant’s customers via the TSP will be sent from the email address provided by the Merchant originating the booking. Such emails may include, but are not limited to, booking confirmation emails, pre-trip reminder emails, post-trip emails and/or review request emails.
TS further offers different distribution channels as an "opt-in" option for Merchant in TSP. In case a Merchant chooses to "opt-in" into a distribution channel in TSP, Merchant is obliged to ensure that it meets the minimum requirements of the respective distribution channels (as defined in the TSP). Furthermore, by "opting-in" to extended distribution, Merchant agrees to pay a channel specific commission rate as defined for each channel and acknowledges that this channel specific commission rate is different from the standard TS commission rate. For all bookings generated via the channel manager, TS processes payments to the Merchant on a monthly basis based on the trip departure date. Payouts for bookings made via the channel manager are made in the indicated currency of the distribution channel. Merchant is responsible for all customer complaints and their safety. In the case of bookings generated via a distribution channel, TS only enables a direct transaction between the distribution channel and the Merchant. By no means is TS a party to such transactions and/or contractual relationships, nor liable in any way in connection therewith.
It is Merchant’s sole responsibility to ensure that recipients of any "opt-in" emails are appropriately informed about such use of their email address and, where necessary, appropriately consent to such use. Unless otherwise defined, customer data from bookings generated via the TrekkSoft Partner Network or the TrekkSoft Channel manager shall go into each of the databases of the selling partner as well as the Merchant. Each owner and/or user of such a database shall be solely responsible for ensuring that the acquisition, processing and dissemination of its data is in compliance with applicable laws and data protection standards.
Prices for using TS are subject to change upon 30 days notice from TS. Such notice may be provided at any time by posting the changes to the TS Site (trekksoft.com) or the administration menu of the TS store via an announcement.
TS reserves the right to modify or discontinue its services (or any part thereof) at any time with or without prior notice.
TS shall not be liable to Merchant or to any third party for any modification, price change, suspension or discontinuance of its services.
TS hereby expressly reserves the right to demand that Merchant makes changes to the content on the TSP for good cause and, if Merchant refuses to do so, to block the TSP without further notice. Either party may terminate this agreement subject to one month notice effective at the end of each calendar month. This is without prejudice to the right of immediate termination for good cause.
This agreement is governed exclusively by the substantive laws of the Swiss Confederation to the exclusion of conflict of law legislation as well as international law. The courts of Berne, Switzerland, shall have exclusive jurisdiction for all disputes arising out of or in connection with this agreement including the issue of the validity thereof. To the extent permitted by law, the Commercial Court of the Canton of Berne shall be competent.
3800 Matten b. Interlaken
+41 (0) 335 33 34 30
IBAN: CH19 8084 2000 0029 4463 1 (EUR)
IBAN: CH92 8084 2000 0029 4467 5 (CHF)
Bank Clearing: 80842
Swift (BIC): RAIFCH22842
Company Reg. Number: CHE-115.503.227
VAT ID: CHE115.503.227
CEO: Jon Fauver
We do not collect any information from individuals who wish to browse our site without registering. In order to use our services, however, you must become a registered member. Additional information is collected as it is needed to process your requests for information or for other products or services. We collect personally identifiable information from you in connection with the registration process and other areas of our sites in which users voluntarily provide content submissions or suggestions or otherwise participate in interactive online activities. We may also collect and store statistics and other information about the online activities of our users on an aggregate basis.
In order to take full advantage of our services, you must register with. When you register, we collect basic information such as your name, address and email address.
As a general rule, TrekkSoft will not disclose any of your personally identifiable information except when we have your permission or under special circumstances and will never sell or otherwise transfer your information to unaffiliated companies, except as provided below.
Promotions that run on our sites may be sponsored by companies other than TrekkSoft, or may be co-sponsored by TrekkSoft and another company. Some or all of your personal information that is collected during a promotion may be shared with the sponsor. If you do not want your information to be shared, you must not participate in the promotion. Many promotions also offer opportunities to request additional information from sponsors. By requesting additional information, you give TrekkSoft permission to transfer your personal information to the sponsor so they can fulfill your request.
TrekkSoft may collect information on our users' demographics, interests, and behavior in order to better understand and serve our users. This information is compiled and analyzed on an aggregated basis, and may be shared with our business partners or other affiliates, but contains no personally identifying information.
Occasionally we may send you email communications to provide information that we think you will find useful. You can choose not to receive future emails from TrekkSoft at any time, by contacting TrekkSoft customer service. However, to the extent that corrected or deleted information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases. Please note that we may occasionally contact you for administrative purposes even if you unsubscribe from our distribution lists.
Cookies are small files that are stored by your Web browser to help a particular system recognize you and the pages you visited in a Web site. The Web Site uses "cookies" to make your online experience more convenient. For example, we use a cookie to store your login information between sessions and to maintain information about the quotes that you've requested during your session. This cookie is set when you register or "Log In" and is modified when you "Log Out" of our services;
We may use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you.
While no security system is 100% guaranteed, TrekkSoft utilizes several state-of-the-art tools to protect your information. Strict security measures are employed whenever your personal information is collected and transmitted.
Your TrekkSoft account information and TrekkSoft profiles are password protected so that only you have access to your personal information. We recommend that you do not divulge your password to anyone. Also remember to sign out of your TrekkSoft account and close your browser window when you have finished your work, especially if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe to help prevent others from accessing your personal information and correspondence.
In addition to password protection, TrekkSoft employs cutting edge encryption standards (such as secure sockets layer (SSL)) to ensure that particularly sensitive data, such as community and commerce registration and profile information and all related product ordering and product management transactions, exchanged between your computer and our servers is secure. In these highly secure areas of the sight, both our servers and your computer encrypt the data before it is transferred across the Internet. We take these measures to safeguard the confidentiality of your personally identifiable information.
Keep in mind that whenever you voluntarily disclose personal information online that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information.
Use of TrekkSoft's Web sites, its software, products, and services is provided "as is." TrekkSoft, its partners, and affiliates cannot be held liable for any direct, indirect, punitive, incidental, special, or consequential damage or other injury arising out of or in any way connected with the use of its Web sites.
TrekkSoft was founded to address the needs of our local tour and activity industry in Interlaken, Switzerland. We understand the industry and you can rely on our team to onboard your business, introduce you to digital best practice, and guide you to success from the start.
Have a question or want to chat? We're available by Live Chat or by email via firstname.lastname@example.org.
Our online documentation will help you move beyond the basics and dive into all of TrekkSoft's powerful features.