Terms & Conditions

General Terms and Conditions FoodRoots

 

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  1. General
    • 1.1. The sole proprietorship V Matos Geraldes with registered seat in Aarau provides its marketplace (hereinafter “FoodRoots“) on its Website foodrootstravel.com (hereinafter the “Platform“) as a platform for the provision and use of various services for users according to these General Terms and Conditions and the information available on the Platform.
    • 1.2. These General Terms and Conditions (hereinafter “GTC“) are the sole binding rules regulating the contractual relationship between FoodRoots and the users of the Platform (hereinafter the “Users“).
  2. Formation of Contractual Relationship with FoodRoots
    • 2.1. By clicking on the field “I agree with the General Terms and Conditions and confirm that I have read and understood the Privacy Notice”, the user agrees to the GTC and confirms to have read and understood the Privacy Notice.
    • 2.2. The contractual relationship between FoodRoots and the user shall come into existence upon receipt of the registration confirmation from FoodRoots by e-mail to the e-mail address provided by the user. FoodRoots is free to deny the conclusion of a contractual relationship.
    • 2.3. The contractual relationship only concerns the use of the Platform by the user. Any legal transactions between the Users via the Platform, such as purchase, rent, order, provision of services, are only existing between the Users and FoodRoots is in no case a contracting party of such legal transactions, but FoodRoots mediates via the Platform only the possibility to offer or search and conclude and settle such legal transactions.
  3. User Registration
    • 3.1. Registration is required for the use of the Platform.
    • 3.2. Registration is only permitted for natural and legal persons legally capable of concluding a contract with FoodRoots. The registration of a legal entity may only be carried out by a person authorised to represent it, who must be named.
    • 3.3. When registering, only individual persons may be named as holders of the user account.
    • 3.4. When registering, the user covenants that all information entered upon registration is truthful and complete and the user agrees to notify FoodRoots of any changes in such information. The keeping up to date of the information is done directly in the Platform.
    • 3.5. When registering, the user chooses a username and password. Users are obliged to keep their password secret, to adequately protect the devices used by them to access the Platform from spying by malware and to notify FoodRoots of any suspected password data breach.
    • 3.6. The user may only register once. He agrees that all activities carried out with his access data on the Platform are attributed to him as if they were his own. If the user’s access data is misused by third parties, the user is liable as for his own actions. All e-mails or other messages originating from his e-mail address or account shall be deemed to be his own.
    • 3.7. FoodRoots uses the data provided by the user during registration to process the contractual relationship. FoodRoots also regularly sends Users messages from the FoodRoots news centre and the FoodRoots newsletter. Detailed information on data processing by FoodRoots can be found in the FoodRoots privacy notice.
  4. Platform
    • 4.1. FoodRoots provides an application through which Users can communicate with each other and hosts advertise offers for accommodations and/or tours in the field of agritourism (hereinafter the “Hosts“) and consumers can search for and book such offers (hereinafter the “Consumers“) via the Platform. The functionalities currently available are described in detail on the Platform.
    • 4.2. FoodRoots is entitled to amend or delete any functionalities subject to section 13 below.
    • 4.3. The user is solely responsible for all content and offers posted on Platform. When using the Platform as well as in all other actions or omissions related to the Platform (in particular regarding legal transactions concluded by the user with other Users), the user is obligated and covenants,
      • to comply with the applicable laws, in particular (but not exclusively) the regulations concerning labour law, social security law or tax law obligations;
      • not to make any offers that are immoral or violate ethical principles (child labour, bribery, corruption);
      • to comply with the provisions of the contractual relationship between FoodRoots and the user;
      • to observe the rights of third parties and in particular not to infringe any copyrights or other intellectual property rights of third parties;
      • not to make any references to third-party content;
      • to describe the services offered by him correctly and completely, whereby he has to provide information at least on the mandatory fields specified by FoodRoots;
      • to process the legal transactions concluded with other Users via the Platform as agreed between the Users;
      • not to carry out any actions that are likely to impair the interests of FoodRoots or to damage the reputation of FoodRoots;
      • to refrain from any harassing actions such as the sending of chain letters or the distribution of immoral contents;
      • to use addresses, contact data and e-mail addresses which he has received through the use of the Platform only for purposes which are covered by the contractual relationship.
    • 4.4. It is in the user’s sole responsibility to secure any information accessible via and stored on the Platform for purposes of bookkeeping, archiving, legal proof or any other purposes on a device or storage place independent of the Platform.
  5. Contracts between Users
    • 5.1. Each Consumer may conclude contractual relationships with Hosts via the Platform.
    • 5.2. A Consumer can send a booking request to the Host. The Host is obliged to respond to the booking request within 72 hours. If the booking request for the desired booking period is confirmed by the host, the consumer will be requested to pay, whereby the terms of payment are governed by the following Section 6 below. Upon receipt of payment, the booking request shall be deemed to have been confirmed and shall be binding on both the Costumer and the Host. Alternatively, the Consumer has the option of making a binding booking immediately against payment of the booking price without a prior booking request (“Instant Booking”).
    • 5.3. FoodRoots is not party to such contractual relationships between the Consumers and the Hosts. FoodRoots is solely making available the Platform and operating it. Any rights and obligations arising from a contract concluded between Consumers and Hosts are strictly applicable only to them. The Consumers and Hosts are solely responsible for fulfilling the duties arising from these contractual relationships. Any responsibility or liability of FoodRoots in this regard is expressly excluded.
    • 5.4. FoodRoots is free to refuse to publish or to delete already published offers made by a user.
    • 5.5. FoodRoots does not guarantee and does not guarantee that the Users of the Platform fulfil or are able to fulfil the contractual obligations owed to each other and that the information provided by them, including their identity, is correct and complete. This is the user’s sole risk.
    • 5.6. The Users must settle any cases of defects, delays or other disruptions to services with each other. In the event of disputes, Users are obliged to take all reasonable steps to reach an amicable agreement. Users may notify FoodRoots of any dispute, FoodRoots, however, is not obliged to mediate between Users in order to settle a dispute or take any other action related to such dispute.
    • 5.7. Should FoodRoots be involved in a legal dispute (also pre-litigation) in relation to a contractual relationship between Platform Users, these Users are liable and each agree to indemnify FoodRoots for the full amount of any costs incurred in connection with such involvement of FoodRoots.
  6. Payment
    • 6.1. FoodRoots charges a booking fee of 15%, which is automatically deducted from the booking price. The payment options are shown on the Platform.
    • 6.2. Payments are executed through a payment gateway and FoodRoots does not store any payment information from Consumers. After receiving payments from Consumers, FoodRoots consolidates the amount that each Host is entitled based on bookings through the Platform. In case a Host has binding bookings through the Platform in a given month, FoodRoots will pay this Host the retained booking amount before the 5th of the next month or once they request a payout through the Platform.
      • 6.2.1. The Host is entitled to request a pay out every time he has more than CHF 500 (five hundred Swiss Francs) retained in his “FoodRoots Wallet”.
      • 6.2.2. To receive a pay out, the Host shall input his payment information through the “Setup Payout Method” in his “FoodRoots Wallet”.
      • 6.2.3. Once the Host requested a pay out, FoodRoots has five work days to provide the payout amount requested.
    • 6.3. The user agrees to ensure to use a valid credit card or other valid method of payment and that sufficient coverage is guaranteed.
  7. Changes to Bookings
    • 7.1. It is not possible to make changes to any booking requests/reservations. The users will always need to cancel a booking request and create a new one.
    • 7.2. In the case of changes to a confirmed booking, those changes should follow the cancellation policy defined below. E.g.: if the change (cancellation + re-booking) happens 10 days before the commencement of the trip, the user would need to pay the cancellation fee and make a new reservation.
  8. Cancellation Policy
    • 8.1. The Host is able to define their own cancellation policy. If they do so, the cancellation policy defined by the Host replaces the cancellation policy defined by the Platform in 8.2.
    • 8.2. Consumers can cancel their bookings made via the Platform up to 14 days prior to the commencement date of the booked trip and/or stay. The following cancellation fees apply:
      • for cancellations up to 20 days prior to commencement date of the booked trip and/or stay: 0% of the booking price;
      • for cancellations 19 to 14 days prior to commencement date of the booked trip and/or stay: 20% of the booking price.
    • 8.3. For later cancellations, 100% of the booking price is payable.
    • 8.4. If a booking is cancelled by the Host, the Consumer is entitled to a full refund of the booking price paid (including the booking fee).
  9. Passports, Visas and Documentation
    • 9.1. Consumers are responsible for ensuring they have a valid passport and all necessary visas, permits and certificates required for their booking as well as any necessary vaccinations.
    • 9.2. Consumers are liable to pay FoodRoots and the Hosts the full amount payable under these GTC should they be unable to commence or complete their booking due to a lack of a valid passport, visa, a lack of permit or required vaccination.
  10. Rating System
    • 10.1. Each Consumer may rate Hosts on the Platform.
    • 10.2. The Consumer is obliged to make truthful statements when rating Hosts. By submitting a review and/or comment, the Consumer guarantees not to submit any reviews:
      • of which he knows that they are false;
      • which violate the copyright or other rights of third parties;
      • which violate legal regulations or official orders;
      • which are defamatory, libellous, insulting or discriminatory for an individual or a company;
      • for which he has received a payment or other consideration from a third party;
      • contain information regarding other websites, addresses, e-mail addresses, contact information or telephone numbers;
      • that contain computer viruses, worms or other potentially harmful computer programs or data.
    • 10.3. Any use of the rating system contrary to its purpose is prohibited. This includes in particular entries made by persons connected to each other or non-existent persons or evaluations of themselves.
    • 10.4. FoodRoots does not check ratings or reviews/comments. FoodRoots does not guarantee that ratings, reviews or comments are correct or appropriate. FoodRoots, however, reserves the right to delete ratings, reviews or comments without further notice.
  11. Sanctions
    • 11.1. If FoodRoots has no reason to suspect that the user violates legal regulations, the rights of third parties or provisions of the contractual relationship between FoodRoots and the user or that a user has received multiple negative ratings in the rating system, FoodRoots may take the following measures at its own discretion:
      • warning of the user;
      • deletion of individual entries;
      • temporary blocking of the user;
      • final blocking of the user or deletion of his registration and termination of the contract with the user without notice.
    • 11.2. In these cases, FoodRoots reserves the right of legal recourse or recovery of damages from the user.
  12. Intellectual Property

All rights pertaining to the Platform remain fully with FoodRoots and the Users merely is granted the right to use the Platform subject to these GTC and other specifications on the Platform for the duration of the user’s valid registration with FoodRoots.

  1. Limitation and Exclusion of Warranty
    • 13.1. FoodRoots shall only be liable to the user in connection with the contractual relationship or the use of the Platform by the user for damages caused intentionally or by gross negligence. FoodRoots is not liable for auxiliary persons. Any further liability for damages directly or indirectly connected with the contractual relationship is excluded, regardless of the legal basis for the damages.
    • 13.2. FoodRoots does not give any guarantees to the user in connection with the Platform and the contractual relationship and excludes any existing legal guarantees. The scope of this comprehensive exclusion of warranty is not limited by the following specific provisions. The same shall apply to the exclusion of liability contained in Section 13.1. above.
    • 13.3. FoodRoots assumes no liability for the correctness, completeness and topicality of the contents of the Platform. Nor is any guarantee given that the Platform is error-free and free of harmful components (such as viruses).
    • 13.4. The Platform may contain links to websites of third parties over whose contents FoodRoots has no influence. FoodRoots does not assume any guarantee or liability for these external contents either.
    • 13.5. FoodRoots cannot determine the identity of its Users with certainty and therefore cannot guarantee that a user will disclose his actual identity. Accordingly, each user must satisfy himself of the identity of another user.
    • 13.6. FoodRoots strives to keep the Platform available without interruption. However, the user acknowledges that uninterrupted availability of the Platform is not possible and that the user has no claim to a specific level of availability.
  2. Indemnity
    • 14.1. The user indemnifies FoodRoots against all claims asserted against FoodRoots by third parties (including other Users) in connection with the fact that the user has violated the provisions of the contractual relationship with FoodRoots.
    • 14.2. The user assumes all costs incurred by FoodRoots due to such a violation of provisions of the contractual relationship, including the costs incurred for legal defence (including pre-litigation).
    • 14.3. Any further rights as well as claims for damages by FoodRoots remain reserved.
  3. Amendments of GTC, Functionalities or Fees
    • 15.1. FoodRoots may effect changes to the provisions of the contractual relationship, FoodRoots’s services and processing or other fees at any time and at its own discretion. Such changes will be displayed to the user on the Platform before they come into effect.
    • 15.2. The user has to confirm the changes. Absent any confirmation, the contractual relationship ends automatically.
  4. Miscellaneous
    • 16.1. Notwithstanding any deviating provisions of the contractual relationship, FoodRoots is entitled at any time to discontinue the Platform as a whole or individual functionalities or services of the Platform with immediate effect. A notification of the user is not necessary in these cases.
    • 16.2. Supplements, amendments or the cancellation of the contractual relationship are only legally valid in written form, whereby a notification by e-mail or an announcement on the Platform is sufficient for changes to the contractual relationship by FoodRoots.
    • 16.3. Should one or more of the provisions of the contractual relationship be null and void, or be or become ineffective, the remaining part of the contractual relationship shall not be affected thereby. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of gaps.
    • 16.4. The contractual relationship shall be governed by Swiss substantive law, to the exclusion of conflict of law provisions and international agreements.
    • 16.5. Disputes, differences of opinion or claims arising from or in connection with this contractual relationship, including its validity, invalidity, infringement or dissolution, shall be decided exclusively by the ordinary courts at the place of jurisdiction of the registered office of FoodRoots.

 

GTC FoodRoots, 20 Aug 2019

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