General terms and conditions
7270 Davos Platz
UID: CHE-182. 198.860
The website www.trainpub.ch is a platform that allows providers to create sport activities and other offers that are available for sport enthusiastic customers (hereinafter: guests) (B2C).
If the Guest chooses one of the offers, he can order and pay for it directly via the platform. However, the contract is concluded with the service-providing provider.
Trainpub AG is not provider of the events itself. They are provided by an independent provider, who is responsible for the correct execution of the respective event.
Trainpub AG is only operator of the platform respectively mediator of the legal transactions and not involved in an order itself. For this reason, any liability arising from or in connection with such transactions to the extent permitted by law is disclaimed.
1. Applicability of the general terms and conditions
These General Terms and Conditions of Trainpub AG regulate the use of the online platform www.trainpub.ch operated by Trainpub AG and the products and services offered via the platform (events, webinars, coaching etc). The General Terms and Conditions apply in particular to all contractual agreements with Trainpub AG.
2. Conclusion of contract with guests
The contract is concluded when the guest decides for an offer and books via the platform. With the booking, the present General Terms and Conditions are accepted.
Trainpub AG then sends the user and the provider an automatic confirmation of receipt by e-mail, in which the registration of the guest for the respective event is listed again. The automatic confirmation of receipt only documents that the registration has been received by Trainpub AG and does not represent an acceptance of the application.
3. Use of the platform by providers
The platform can only be used with a registration. With the login/registration on trainpub.ch, the user confirms that he/she has reached the age of 18. The user is obliged to always provide the correct personal data in his/her profile. The responsibility for the proper use of user identification and password lies with the person who has registered. The provider is responsible to offer a legally flawless offer. Trainpub AG is entitled to block or remove illegal offers.
3.1 Cancellation by provider
The following cancellations are valid for SportPub and WebinarPub. For CoachPub a cancellation is not possible after the provider has accepted the binding request of the guest. The provider can cancel the offer up to a maximum of 3 hours before the appointment (only SportPub and WebinarPub).
• If the provider cancels an offer, the refund for the guest is 100 percent.
However, events that have already been booked must go ahead, otherwise they are subject to the cancellation policy listed above.
The providers have the right to have their profile deleted by the Trainpub AG team at any time. However, already booked events have to be carried out or the guest has to be refunded the paid amount of 100 %.
3.2 Cancellations by guests
The following cancellations apply to SportPub and WebinarPub offers when booking without a voucher code. At the Coachpub a cancellation is not possible after the provider has accepted the binding request. The guest can cancel an offer in the SportPub and WebinarPub at any time if the offer was purchased without a voucher code. If the guest redeems a voucher code when making a booking, the offer cannot be cancelled after acceptance by the provider (SportPub) and automatic acceptance (WebinarPub). The following cancellation conditions apply to the guest:
• Up to 7 days before the appointment, the provider receives 0 percent, the guest pays 8 percent of the purchase price.
• Up to 3 days before the appointment the provider receives 0 percent, the guest pays 20 percent of the purchase price.
• Up to 1 day before the appointment, the guest pays 50 percent of the purchase price. From this amount the provider receives 60 percent.
• In case of cancellation less than 24 hours before the appointment, the provider receives the usual 88 percent, the guest pays 100 percent of the purchase price.
4. Revocation and withdrawal by Trainpub AG
In case of use of the platform and/or the products or services offered via the platform contrary to the contract, unlawful or immoral, Trainpub AG is entitled to withdraw from the agreement immediately without compensation consequences and to stop the service provision without prior notice to the guest and without compensation consequences or to deactivate the user account of the customer; in both cases, a price already paid in advance for a certain term is forfeited and the customer is not entitled to claim for a refund. All claims of Trainpub AG remain reserved.
5. Prices and user fee
If not explicitly agreed otherwise, each provider is entitled to set the prices independently. Unless explicitly agreed otherwise, the prices are net in Swiss Francs including value added tax. From the offer price, Trainpub AG deducts a commission in the amount of 12 percent at the provider. In addition, the guest pays an 8 percent surcharge and CHF 1.90 on the offer price to Trainpub AG. The remaining amount will be transferred to the account of the respective provider.
In order to book the offers bindingly, an advance payment to the account of Stripe/Trainpub is required, which can be processed via the payment options offered by Trainpub AG.
By choosing the payment method, the guest authorizes the payment optionally by entering the credit card data or access data of a payment service provider. The guest authorizes Trainpub AG to collect payments in the corresponding way. In case of chargebacks, Trainpub AG is entitled to reimbursement of the related costs and bank handling fees. Furthermore, Trainpub AG is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment according to your order.
Deviating payment terms according to separate agreement remain reserved. Payment processing is carried out by the payment provider Stripe, 185 Berry Street, Suite 550, San Francisco, CA 94107.
6. Intellectual property rights
All rights to information, elements and contents of the platform, especially copyrights, trademarks and designations contained therein are property of Trainpub AG or third parties who have granted Trainpub AG corresponding rights of use.
Contents, data, texts, videos, pieces of music, graphics and other contents, which the provider transmits for publication on the platform, must not violate any rights, especially no rights of third parties like e.g. personal rights and intellectual property rights.
No addresses (mail address or postal address) nor telephone numbers or license plates may be visible on photos used in the offer. Photos with persons, whose face is clearly recognizable on the photos, may only be used with the consent of the respective person.
Trainpub AG is entitled to use the photo materials of the provider for advertising purposes, in particular social media (Instagram or similar) and thus to advertise. The providers agree that Trainpub AG may use these materials.
7. Operation of the platform
The operation and management of the platform is carried out by Trainpub AG. Trainpub AG is entitled to involve third parties for the fulfillment of its service obligations. Trainpub AG endeavors to offer the operation of the platform as trouble-free as possible and to keep interruptions for the elimination of malfunctions, maintenance work, introduction of new technologies and the like short, but cannot exclude them completely. Liability for malfunctions or interruptions to the platform is excluded as far as legally possible.
8. Publication of offer and rating
As soon as the provider has created a profile and submitted a complete offer to Trainpub AG, this can be checked by Trainpub AG. Trainpub AG can subsequently advertise these offers on further channels. For the rating the following criteria are used:
• Fun factor/Experience
9. Data protection
10. Obligations of the provider
The provider undertakes to use the platform and the services integrated therein in accordance with the law and the contract. The provider assures in particular that:
• he is entitled to all data provided by him and may use them within the contractual agreements with Trainpub AG;
• the data provided to Trainpub AG are complete and true, are not misleading or unfair, and are kept up to date by him at all times;
• he accepts these general terms and conditions and complies with them at any time.
The provider has the right to adjust his offer at any time and to contact Trainpub AG in case of questions. The provider is responsible for the handling of the event.
11. Liability and warranty
The platform contains information and content of Trainpub AG as well as of providers and guests. Trainpub AG tries to ensure the correctness of this information and content, but explicitly does not give any assurances or warranties in this respect. This concerns especially the truth, correctness, completeness and actuality of the information and contents. Trainpub AG also disclaims any liability for damages that may arise from the retrieval, access, use or application of this information and content. The retrieval and use of such information and content is exclusively at the risk of the guest.
Trainpub AG is not liable in case of intention or gross negligence of the users. In no case Trainpub AG is liable for damages, consequential damages and loss of profit. If Trainpub AG cannot fulfill its contractual obligations despite all diligence due to force majeure such as natural events, armed conflicts, strikes, epidemics or pandemics, unforeseen official restrictions as well as technical disturbances, which are to be assigned to the area of responsibility of third parties, there is no claim of the user to fulfillment of the contract for the duration of the event.
For the realization of the events, the respective providers or their liability insurances are liable. Trainpub AG does not guarantee that the providers have a liability insurance. The guest has to clarify this with the provider before the event.
Deficiencies concerning the offer of the provider have to be claimed with the provider. If a booked offer is cancelled for various reasons or if an event cannot be carried out, the Provider must refund the amount owed to the Customer (cf. Cancellation Conditions, para. 3.1/3.2).
These General Terms and Conditions may be amended at any time. The new version comes into force through publication on the website. The version of the General Terms and Conditions in force at the time of the conclusion of the contract shall apply to the customer. Unless the customer has agreed to a newer version of the GTC.
13. Severability clause
If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance. Any changes of or amendments to this Agreement must be in writing to become effective.
14. Jurisdiction and applicable law
In case of disputes, exclusively substantive Swiss law is applicable under exclusion of conflict of law rules. The place of jurisdiction is at the registered office of Trainpub AG, as far as the law does not provide for mandatory places of jurisdiction.
Status: July 2022 – Trainpub AG