General Terms and Conditions of Endless Summer GmbH
The following General Terms and Conditions regulate the contractual relationship between users/registered users/service recipients and Endless Summer GmbH with regard to information on tourism services. They also apply to contractual information even if users access the web pages of Endless Summer GmbH or register for its services from outside Switzerland and irrespective of the nationality of registered users/service recipients.
1. Content of Contract
In supplying tourism services, Endless Summer GmbH acts solely as the supplier of information on such services. If the service is available and a booking is then made, the contract for this service is between the service recipient and the relevant tour operator/service provider; Endless Summer GmbH is not a contracting party.
The obligations of Endless Summer GmbH are restricted to the orderly supply of information on tourism products and do not extend to the supply of any service subsequently booked (e.g. transport, accommodation and visit). Similarly, Endless Summer GmbH is under no obligation to verify the information given by the relevant tour operator/service provider.
These Terms and Conditions relate solely to the information services provided by Endless Summer GmbH and have no influence on the conditions that apply to the services/holidays arranged. In the event of a contract between the service recipient and the relevant tour operator/service provider, the General Terms and Conditions of that tour operator/service provider shall also apply. If the services arranged are supplied by a provider/tour operator outside Switzerland, the contract for these services may also be subject to foreign law.
Endless Summer GmbH accepts no guarantee that the information made available, the holiday ratings or other content is complete, current, correct or of any particular quality. Endless Summer GmbH offers this information solely as guidance for users, even though it has been compiled to the best of its knowledge.
Users must be aware that this information may change at any time and so they should contact the relevant authorities to ensure that information is correct, complete and current. This applies in particular to information on health regulations (e.g. inoculations) and on travel documents (e.g. passports and visas). The information on holiday content, prices and taxes is made available to Endless Summer GmbH by the relevant tour operators/service providers. Endless Summer GmbH cannot therefore guarantee that the information is correct, complete, current or of any particular quality.
If Endless Summer GmbH provides a link from its website to another website or if another website provides a link to the website of Endless Summer GmbH, the content of those other websites is outside the influence and control of Endless Summer GmbH.
As a result, Endless Summer GmbH is not responsible for the content, availability, correctness or accuracy of these websites and is similarly not responsible for their offers, links or advertising.
Despite every effort, it is not always possible to determine fully the origin and content of other websites. The content of websites linked to surf-holiday.com is expressly excluded from the services provided by Endless Summer GmbH, unless there is a specific indication to the contrary.
Endless Summer GmbH accepts no liability for any loss or obligation arising from the use of these other websites.
In particular, publication of information by Endless Summer GmbH and access by users to this information or other content does not amount to information or advice. Users expressly acknowledge that they are using this content at their own risk. This applies, in particular if they select or recommend travel products or book travel products on the basis of ratings published on the Endless Summer GmbH website.
Endless Summer GmbH accepts no guarantee for content resulting from the incorrect classification of accommodation, resorts and countries listed as destinations. If a classification is found to be incorrect, please advise Endless Summer GmbH immediately by emailing info [at] endlesssummer [dot] ch.
Endless Summer GmbH reserves the right to change, supplement or delete information without prior or other notification.
In addition, Endless Summer GmbH accepts no guarantee that its website content is free of viruses or other codes/data structures that could have a destructive or damaging effect. In addition, users are responsible for ensuring that they protect their own data processing systems accordingly.
To the extent that this is legally admissible, claims for liability against Endless Summer GmbH for damage to property of a tangible or intangible nature resulting from the use or non-use of the web pages or the information on them or by the use of incorrect, incomplete or outdated information are categorically excluded, unless Endless Summer GmbH caused the damage deliberately or as a result of gross negligence. If such loss does occur, Endless Summer GmbH is only liable for direct loss and for loss that it could typically have foreseen.
3. Visa, Passport, Customers, Currency and Health Regulations
Endless Summer GmbH informs service recipients that they are personally responsible for ensuring that they comply with travel regulations as they apply to them personally and similarly that they comply with all legal requirements and recommendations, in particular domestic and foreign entry/exit rules, health regulations and inoculations and currency/passport/visa regulations. Similarly, they must ensure that they have the necessary travel documents.
Endless Summer GmbH draws attention to the fact that the competent authorities may change regulations at any time. Service recipients/registered users are urged to obtain information from the competent authorities/institutions before signing a contract.
In addition, they must take care to ensure that names entered in passports and other identification documents are identical with the names on the booking/travel documents.
Any loss, in particular cancellation charges incurred as a result of non-compliance with these rules or rejection of the service recipient as a person, are not the responsibility of Endless Summer GmbH. The same applies to any visa costs and charges.
4. Changes to the General Terms and Conditions
Endless Summer GmbH reserves the right to change/supplement/replace these Terms and Conditions at a future date and has no obligation to notify registered users/service recipients or give a reason. The current version and its effective date are that published on the website of Endless Summer GmbH. By continuing to use the website, registered users/service recipients implicitly consent to the changes.
5. Personal Privacy
6. Exemption Clause
Users undertake to exempt Endless Summer GmbH from any third-party claims as soon as they are requested to do so, including reasonable or statutory costs imposed as a result of legal action arising from any use of the web pages and content that is contrary to the contract or is improper or unlawful. Users shall assist Endless Summer GmbH in the defence of such claims, in particular by providing the information required for its defence. Users shall compensate Endless Summer GmbH for any loss it incurs if claims by third parties are successful.
7. Applicable Law/Legal Venue
8. Saving Clause
If any part of this document is contrary to current law or does not accord or no longer accords with it in full, this shall not affect the validity of the rest of the document and the invalid section shall be replaced by the equivalent legal provision in force at the time, if such provision exists, or by a provision that accords with the will of both parties.
9. Intellectual Property Rights
If Endless Summer GmbH publishes data that it has compiled itself, it shall have sole copyright to this data. Such graphics, multimedia documents and texts may not be reproduced or used in other electronic or printed publications without the express consent of Endless Summer GmbH.
Zurich, October 2009