1.1. Bikebuddies.ch (hereinafter the "Website") and the mobile application BikeBuddies (hereinafter the "App") is operated by The Buddies AG, Argauerstrasse 1, 8048 Zurich under the brand name BikeBuddies (hereinafter "BikeBuddies", "We", "Us").
1.2. BikeBuddies offers its users and visitors to the online platform www.bikebuddies.ch a website and an app (hereinafter jointly the "Platform") to facilitate the supply and arrangement of offers and enquiries about sports and leisure activities and related services (hereinafter "Activities"), including payment, and also offers new services, features and tools in this context which enable users of the Platform to make booking enquiries and transactions related to these Activities and services (hereinafter our "Service"). BikeBuddies does not act as a contracting party for the booked activities and services.
1.3. In addition, BikeBuddies offers merchandising products for sale on their Platform.
2.7. (For the English version: the English version is based on the German original. The translated version of the English Terms is provided for information purposes only. In the case of disputes or deviations between the English and German version, the German version shall take precedence and be binding).
3.1. We shall make an online platform available via the Website and App which enables Users to contact one another as well to carry out booking enquiries and binding bookings with regard to activities and related services. BikeBuddies itself is not a contracting party in the resulting bookings and service agreements ("Booking Transactions") and rejects any liability for such Booking Transactions. The role of BikeBuddies shall be limited to making the Platform and the services available for the User. Any activities and related services offered by Independent Third-Party Providers on the Website shall not be managed, offered or carried out by BikeBuddies, apart from those which explicitly name BikeBuddies as the organiser. You confirm that BikeBuddies does not offer any of the activities and related services offered on the Platform apart from those which explicitly name BikeBuddies as the organiser, and that all activities and related services offered on the Website which explicitly name BikeBuddies as event organiser are rendered by Independent Third-Party Providers that are not employed by BikeBuddies or a company connected with BikeBuddies.
3.2. By booking an activity via the Platform, you enter into a contractual relationship with the Independent Third-Party Provider with whom you are making the booking. From the time of your booking, BikeBuddies shall act solely as an intermediary between you and the Independent Third-Party Provider that passes on the information of your booking to the respective Independent Third-Party Provider and send you a confirmation email on behalf of and in the name of the Independent Third-party Provider.
3.3. BikeBuddies shall not take part in the booking transaction between Independent Third-Party providers and Customers, and shall also not act as an agent or authorised representative of Independent Third-Party Providers. Booking Transactions shall only be binding between the Independent Third-Party Providers and customers concerned. They shall be solely responsible for their services and BikeBuddies rejects any liability in this context. We shall not give recommendations for the Independent Third-Party Providers and their offers presented on the Platform, nor shall We assume liability in relation to the offered services and their characteristics.
4.1. Every User from whom this content originates shall be solely responsible for all texts, messages, evaluations, images, photos, videos, files and documents ("Content") which are uploaded and transferred via the Platform or linked with the Website. That means you are solely responsible for the Content and all information which you provide on or link to the Website ("Your Content"). BikeBuddies shall only fulfil the role of a passive intermediary who publishes your content. If there is a possibility that your content could be a liability for Us or compromise the services of our suppliers and partners, We reserve the right to take appropriate countermeasures. You confirm that your Content does not violate any laws, regulations, property, publicity or data protection rights, and does not contain any obscene elements. Your Content may not be defamatory or libellous, nor may it contain false or inaccurate information about you or other persons. Your content may also not contain any programmes which could damage our system or our user data, or lead to the loss or misuse of data.
4.2. BikeBuddies is not obliged to publish content provided by you or by another person. We reserve the right to edit or remove all of the content that you publish on our Website at our own discretion. If you intentionally or recklessly cause harm to BikeBuddies through the design or the arrangement of your Content, you shall be liable. You agree to indemnify BikeBuddies from any liability for loss and damages resulting from the design or layout of your Content.
4.3. BikeBuddies guarantees its Users and visitors unfiltered access to the Content of the Website. BikeBuddies shall serve solely as a Platform and rejects any liability with regard to Content published by you or by BikeBuddies on the Website. We shall accept no responsibility for checking the published Content. As the Content on the Platform by its very nature often changes, could be incorrectly or in some cases wrongly declared, you should check the information that you take from the Website yourself for completeness, accuracy and currentness. This shall also apply for communication between Users via our Website. We would also explicitly like to point out that the avalanche bulletin of the WSL Institute for Snow and Avalanche Research SLF published on the Platform is updated maximum twice a day on the Platform. You must consult the official pages of the SLF to check the accuracy and the currentness of the avalanche bulletin (Link).
4.4. BikeBuddies guarantees Users unlimited, revocable, non-exclusive user rights for the Platform to offer Activities and related services and/or allow other Users to make legitimate enquiries. You many not use the Platform for other purposes. Right of use shall not include the right to collect, aggregate, duplicate, display or derive content on BikeBuddies' Platform for use. The evaluation of larger amounts of data and the use of robots, spiders or similar tools shall not be permitted without our written consent. This shall exclude general internet search engines (such as Google, Bing, etc.) and non-commercial archives which use such tools solely to display hyperlinks to BikeBuddies. However, portals, search engines and other online services which publish advertisements or promotions on activities or offer commercial activities or similar services do not fall under this exception.
5.1. Customers may make Booking Enquiries via BikeBuddies by sending a Local, Pro or VIPBuddy ("Independent Third Party Providers") booking enquiry via the function "Find Buddies". Customers undertake to check the information they have entered and correct any errors before they make the corresponding Booking Enquiries, as entry errors cannot be corrected after the booking has been made. If Customers wish to stop the booking enquiry process before sending the enquiry, they can do so by closing the application window. After the booking enquiry has been successfully sent, We shall inform the Independent Third-Party Provider in an email and via their BikeBuddies user account and request them to accept or refuse the enquiry as quickly as possible; however, within 24 hours at the latest. As soon as your booking enquiry is accepted by the Independent Third-Party Provider in question, you can confirm your booking within a minimum of 4 hours and a maximum of 24 hours (irrespective of the time until the booking date); after this time, the payment transaction will be started. The confirmation shall only be valid if the payment process has been correctly completed. If the Independent Third-Party Provider declines your booking enquiry, there will be no booking.
5.2. You are aware that use of our service can cost you money if you avail yourself of the services of Independent Third-Party Providers or products of BikeBuddies. The costs include all applicable statutory taxes. Upon receipt of payment, BikeBuddies shall send a payment confirmation by e-mail. BikeBuddies shall coordinate the payments and transactions. The User shall pay into a BikeBuddies account. BikeBuddies shall pass on the sum (minus the contractually determined costs) to the Independent Third-Party Provider at the end of every month at the latest based on their expenses incurred (recorded in the online report).
5.3. Independent Third-Party Providers shall pay a commission of 7.5% of the booking costs as well as a handling fee of 1.5% of the costs to BikeBuddies.
5.4. The Customer shall pay a handling fee of 1.5% to BikeBuddies.
5.5. The handling fee shall involve a fee of 3%, which is collected and divided equally between the Independent Third-Party Provider and Customer.
5.6. The respective accruing fees (including taxes) shall be displayed to the Users of the Platform before they book or offer an activity. In the relationship between you and BikeBuddies, BikeBuddies reserves the right to reset, remove and/or to change the fees and prices for the services or goods used or offered within the scope of the use at any time at their sole discretion.
5.7. All fees shall be payable immediately, at the latest within the payment deadline specified by BikeBuddies.
5.8. After confirmation of the booking acceptance by the Customer, cancellation is no longer possible. If a Customer is forced to cancel due to extraordinary circumstances, they must immediately inform BikeBuddies via firstname.lastname@example.org by quoting the booking number. This will enable BikeBuddies to assist affected customers to look for a suitable alternative if necessary, or to provide full or partial reimbursement of the commission fee in special circumstances and to be the contact person between them and the Independent Third-Party Provider with regard to booking costs. Although We will do our best, BikeBuddies is under no obligation to provide the Customer with an alternative, to organise one or to reimburse the costs.
5.9. BikeBuddies shall not be responsible for processing or settling demands or claims which result from disagreements over prices and/or additional costs between the Independent Third-Party Provider and the Customer. We reject any liability in this context.
6.2. Deliveries are only made in Switzerland and usually within 6 working days. If We do not have an item in stock or if it is sold out, We will let you know as quickly as possible. The delivery shall take place at the risk of the receiving party.
6.3. There is no minimum order amount. You shall only pay the delivery amount of CHF 7.00 (standard delivery) in Switzerland once per order. Orders of CHF 150.00 and more shall be delivered free of charge. Deliveries shall be sent with Swiss Post.
6.4. All prices are in Swiss francs (CHF), including statutory VAT.
6.6. Complaints relating to defects or incomplete or incorrect delivery must immediately be communicated to us in writing within 10 days of receiving the goods. You shall have the right to withdraw from the purchase agreement within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the day that the goods were handed over to Swiss Post. To exercise your right of withdrawal, you must clearly notify us of your decision to withdraw from the purchase agreement by e-mail (email@example.com) or by letter (The Buddies AG, Aargauerstrasse 1, 8048 Zurich). In order to observe the withdrawal period, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before expiry of the withdrawal period. If you withdraw from the purchase agreement, We must repay the purchase price which we have received from you, excluding the delivery costs as well as additional costs which arise from the fact that you have chosen another type of delivery than the cheap standard delivery offered no later than fourteen days from the day on which We receive notification of your withdrawal from this Agreement. We may withhold reimbursement until the goods have been returned to us. You must immediately return or hand over the goods to us and in every case within fourteen days of the day on which you inform us of your withdrawal from this Agreement. You shall bear the direct costs of returning the goods. Please return the goods to: The Buddies AG, Aargauerstrasse 1, 8048 Zurich. If the goods are damaged, reimbursement shall be excluded.
6.7. We shall not be subject to guarantee obligations if the errors or damage arose through improper treatment, maintenance or care of the goods. Important: Please retain the invoice. You cannot make any guarantee claims without proof of purchase.
6.8. The goods shall remain the property of BikeBuddies until they have been paid in full.
6.9. Claims for damages due to errors in images, prices and texts or due to late or omitted delivery shall be strictly excluded. The colour of the products depicted in the online shop may differ from the actual product colour.
7.1. You must set up and manage your own user account (hereinafter the "Account") to use most aspects of our services. You must be at least 18 years old, have full legal capacity, and be a natural person to set up an Account.
7.2. To register an Account, you must enter certain personal data such as your name, address, age, telephone number and e-mail address. If you are an Independent Third-Party provider, you must also provide your account details. You undertake to ensure that your Account information is always correct, complete and up-to-date. Upon registering an Account, you shall have access to our services and to all functionalities which We specify and maintain at our own discretion. You shall be responsible for all activity on your Account and may only have an Account with the written consent of BikeBuddies.
7.3. You are responsible for safeguarding access to your Account and undertake to immediately report every suspected case of misuse of your Account to BikeBuddies by e-mail (firstname.lastname@example.org).
7.4. You may only register as a legal person with the express written consent of BikeBuddies and said registration may only be carried out by an authorised person with signing rights.
7.5. As a registered user, you permit BikeBuddies to contact you with news about your Account via your telephone number or e-mail address. This includes in particular communication on booking enquiries and confirmations, but also relevant notifications and updates. You also agree to keep your personal data up-to-date.
7.6. Registered users may not disseminate unsolicited advertisements nor take action which would cause a disproportionate burden for other users or for our infrastructure. We reserve the right to use technologies which delete such messages or prevent them from reaching other users. Personal attacks, slander and other forms of impolite, unprofessional behaviour can, at our discretion, result in termination and deletion of the Account of the User who is breaking the rules.
7.7. BikeBuddies may, at its sole discretion, allow you to occasionally submit, upload, publish text, audio and/or image content and information, or make it available to BikeBuddies in any other way via services, including comments and feedback on the services, support enquires and sending in contributions as part of competitions and promotions (hereinafter "User Content"). All User content provided by you shall remain your property. However, by making it available, you guarantee BikeBuddies a global, indefinite, irrevocable, untransferrable, royalty-free licence, including the right to, reproduce, change, produce derivative works, disseminate and publicly display and perform as well as any other use of this user content via all already known and later developed formats and sales channels without having to inform you separately and without being required to obtain your permission or pay you or other persons and companies.
7.8. You shall ensure and guarantee that: (i) You are either the sole and exclusive owner of all user content or dispose over all the required rights, licences, permits and approvals for granting a licence for the above user content to BikeBuddies; and (ii) neither the User content, the transmission, the uploading, the publishing or any other means of providing this user content, nor the approved use of the User content by BikeBuddies violated or disregards the rights of third parties to intellectual copyright or property rights, publication rights or privacy rights of third parties or constitutes an violation against applicable laws or regulations.
7.9. You undertake not to publish any User content which BikeBuddies considers at its own discretion to be insulting, defamatory, mean, violent, obscene, pornographic, illegal or otherwise objectionable, irrespective of whether this material is legally protected, or not. BikeBuddies may, but is not obliged to, check, monitor or remove user content at its own discretion, at any time and for whatever reason, and without informing you.
7.10. No one is entitled to register and/or use the Platform or avail themselves of our services. BikeBuddies shall also have the right to decline a registration, shut out a User, disable and/or delete a User account, limit or prohibit use of the Account as well as terminate existing service relationships prematurely.
7.11. You can have your Account deleted upon request to BikeBuddies. This shall not release you from the requirement to comply with contractually concluded agreements.
8.1. Independent Third-Party Providers (LocalBuddies) who have no Swiss-certified snow sport qualification (ProBuddie) and do not enjoy VIP status (VIPBuddies) shall pay a membership fee of CHF 50.00 per winter season.
8.2. The membership fee shall be owed at the end of the season (30 April).
8.3. BikeBuddies shall decide at their discretion whether you may register as a Pro, VIP, or LocalBuddy. You can find the requirements which qualify you to register you as a Pro-, VIP- or LocalBuddy in the FAQs. You are not entitled to register as a Pro-, VIP- or LocalBuddy.
8.4. ProBuddies must be qualified and authorised people who have a Swiss-certified snow sport qualification and are entitled to conclude such service agreements with Customers. The right of individual providers to render the offered services shall be based on local laws and regulations. Although We carry out sample testing for quality purposes and request a corresponding certificate of proficiency during registration, BikeBuddies is not obliged to verify the eligibility of individual providers and check it on a regular basis.
9.2. BikeBuddies rejects any liability for damages which arise from interaction between Users. BikeBuddies shall also not provide any assurance or guarantees with regard to the reliability, quality, suitability, safety and capability of Independent Third-Party Providers. You agree that you shall bear all the risks associated with the use of our services or with the related additional services and collective content or goods, your offer or bookings via the platform, your execution or participation in one of the offered activities, an event or any other Independent Third-Party Provider service or any other personal or online interaction with other Users permitted by law.
9.3. BikeBuddies shall not be liable for claims for damages, including lost profit, loss of data or personnel and material damage which result from using our services or in connection with them, and not even in the case when BikeBuddies was informed that claims for damages may result. BikeBuddies shall not be liable for claims for damages or liability, or losses due to (i) your use of our services or the Platform or the fact that you cannot access or use it and (ii) transactions or relationships between you and an Independent Third-Party Provider and also not even if BikeBuddies was informed that this claim for damages could result.
9.4. Even through We perform our services very carefully and diligently, we cannot check or guarantee that all the information on the Platform is correct and complete, nor can we be held responsible for obvious errors or misprints, disruptions to our Platform, inaccurate, misleading or untrue information or absence of information. Every Independent Third-Party Provider shall always be responsible for the accuracy, completeness and correctness of the (descriptive) information, (including the prices, availability, qualifications, local knowledge, etc.) on our Platform. Our Platform shall not make any recommendation or confirmation of the quality, the level of service, the qualifications or the classification (stars) of an activity and should also not be viewed as such a platform. All recommendations and evaluations come from Users.
10.1. By using BikeBuddies and our services, you accept that all liabilities and judicial remedies that you attempt to impose for acts or omissions of other users or third parties shall be limited solely to claims against every User or third party who has caused harm to you, and releases BikeBuddies and its board members, employees and contractors from all claims, demands and costs, to the extent permitted by law.
11.2. Only one competition entry per person is allowed. Employees of The Buddies AG as well as lottery associations, automated services and other professional/commercial participants may not take part.
11.3. Entry in a competition is free of charge and does not imply any purchase obligation.
11.4. By taking part in competitions, you declare that in the event of a win, you consent to personal information entered by you (specifically: First name and last name) being published in all communication channels of BikeBuddies, i.e. in particular on Facebook, Instagram and on the Platform.
11.5. The judges' decision is final. No correspondence shall be entered into regarding competitions – apart from with the winners.
11.6. BikeBuddies reserves the right to exclude participants from competitions if misuse and/or violations against the terms and conditions of participation are suspected/determined, or for other important reasons. BikeBuddies shall be entitled to make adjustments to the competition mode as well as to abandon, stop or prematurely end competitions if there are important reasons to do so.
BikeBuddies takes the safety and confidentiality of your personal data very seriously. In close collaboration with our hosting providers, we make every effort possible to protect the database from third-party access, data loss, misuse or forgery. However, we cannot assume any liability for the safety of data transmitted in the Internet.
BikeBuddies (hereinafter "We") can collect and view documents or data that you upload in forms and text fields on www.bikebuddies.ch or enter in our mobile applications (hereinafter jointly the "Platform"). This includes, in particular, data which you enter when you register on the website, create and edit a user account, upload content and enquire about activities. This includes information on your person, your e-mail address and your telephone number, and documents which help us to identify you as a person or a company. If you enter your credit card details to send a booking enquiry or make a booking via our online shop, we do not save said details. The payment process is handled by a professional payment service provider. If you contact us or an independent third party provider using a BikeBuddies contact form or by e-mail, We can keep records of this communication. We can store emails, telephone conversations and other communication with you or between you and an independent third-party provider for training purposes to improve the quality of our customer service and to prevent crime. Furthermore, any booking enquiries made via the platform can be checked and stored by BikeBuddies.
When our platform is accessed, the following data is saved in log files: IP address, date, time, browser enquiry and general information transmitted on the operating system or browser. This usage data forms the basis for anonymous statistical evaluations so that trends are recognisable; based on said trends, We can improve our offer accordingly.
If you are registered as a user on the Platform and enter personal data when creating your profile, some of this data will be visible to other users. You can see and adjust your profile information in your user account at any time.
As a user of BikeBuddies, you have the right to reject the use of your personal data for marketing purposes. You can exercise this right at any time by sending a message to email@example.com.