Terms of Service

Last updated: January 08, 2020

Thank you for using Passionfruit! These are our terms of service.

Passionfruit Guide GmbH
Brünigstrasse 1
6020 Emmenbrücke

1. Preliminary terms

1.1 Scope of validity

These General Terms and Conditions from Passionfruit Guide GmbH, Brünigstrasse 1, 6020 Emmenbrücke (hereinafter ‘Passionfruit Guide’) define the contractual relationship between Passionfruit Guide and its registered users.

1.2 Passionfruit Guide platform

Passionfruit Guide allows its registered users to access the website www.passionfruit.guide (including all subdomains), until or unless withdrawn, as a platform for providing and purchasing services in the sports and leisure activities area (hereinafter ‘Products’).

2. User registration

2.1 Registration process

1 Anyone wishing to use the Passionfruit Guide platform (hereinafter ‘interested party’) must register and create a profile.

2 All details provided by the interested party during registration must be accurate, and the interested party must confirm their identity using facial recognition and by providing a scan of a valid identification document. Passionfruit Guide is authorised but not obliged to carry out identity checks.

3 On receipt of a confirmation email from Passionfruit Guide, the interested party is confirmed as a registered user.

2.2 Registered users

Registered users of the Passionfruit Guide platform can be:
    a. providers of Products (hereinafter ‘Guides’);
    b. purchasers of Products (hereinafter ‘Explorers’).

2.3 Special terms and conditions for Guides

1 Guides can register on the Passionfruit Guide platform in three ways:
    a. as normal guides;
    b. as pro guides;
    c. as eco guides.

2 With regard to the products they are offering, guides must have:
    a. extensive experience;
    b. knowledge of the local area and conditions;
    c. knowledge of any equipment required for the activity.

3 Pro Guides must also have a state-recognised certificate in the field relating to the Products they are offering.

4 Eco Guides agree that on successful provision of their services, 1% of the offer price will be given directly to the fund "Viva con Agua".

2.4 Products provided by Guides

1 Guides must explain in detail on the Passionfruit Guide platform which skills Explorers require for the Products offered by them.

2 They must classify their Products according to the following difficulty levels:
    a. low difficulty level (Level 1): an Explorer does not require any experience in the area and is not already practising the relevant activity (beginner);
    b. medium difficulty level (Level 2): an Explorer has some experience in this area and has practised the relevant activity on a few occasions;
    c. high difficulty level (Level 3): an Explorer has extensive experience in this area and regularly practises the relevant activity.

3 The Guides can integrate the following offers into their Products:
    a. provision of materials;
    b. meals;
    c. overnight stays.

3. Legal status and services

3.1 Legal status of Passionfruit Guide

Passionfruit Guide provides only intermediary services between registered users. Passionfruit Guide is therefore not a contractual party in the agreements that are made between registered users (hereinafter ‘Product Agreements’). In particular, Passionfruit Guide bears no responsibility for any damages that may arise as a result of entering into or fulfilling these Product Agreements.

3.2 Product Agreements

1 On the Passionfruit Guide platform, registered users can conclude their own Product Agreements with one another. Only the relevant registered users are granted any authorisations or obligations as a result of these Product Agreements. Only the relevant registered users are responsible for fulfilling these Product Agreements.

2 The content of the Product Agreements can be negotiated autonomously by the registered users. However, when concluding a Product Agreement via the Passionfruit Guide platform, the following content will automatically be part of the relevant Product Agreement:
    a. validity of the agreement: the Product Agreement comes into effect as soon as the Explorer books a Product from a Guide and the advertised price is charged to their payment card;
    b. obligations of the Guides: Guides are required to provide their services in accordance with legal guidelines and with appropriate care. This includes, among other things, checking that the Explorer has the required skills and the materials necessary to complete the Product offered by them;
    c. free cancellation: registered users have the right to cancel the booked Product free of charge up to 72 hours before the service is due to be provided;
    d. fee-based cancellation: if a registered user cancels the booked Product less than 72 hours before the service is due to be provided, they are still obliged to pay the full cost of the Product, whereby the Guide may only cancel for important reasons such as inability to attend due to an accident, illness, adverse weather conditions etc.;
    e. mediation: if a disagreement arises between the registered users with regard to an agreement they have concluded with one another, they are obliged to undergo mediation before initiating any legal proceedings. In such circumstances, Passionfruit Guide is available to act as mediator.

3 Registered users may not conclude Product Agreements with one another outside of the Passionfruit Guide platform

3.3 Services provided by Passionfruit Guide

1 Passionfruit Guide runs the website www.passionfruit.guide (including all subdomains) and allows its registered users to access the website, until or unless withdrawn, as a platform for providing and purchasing Products. The services provided by Passionfruit Guide are solely mediation services between the registered users to allow these users to conclude their own Product Agreements with one another.

2 Passionfruit Guide does not check the details provided by interested parties and registered users for accuracy. This means, for example:
    a. in particular, Passionfruit Guide does not check for accuracy any details provided by Guides about themselves, their experience, their knowledge of the local area and conditions, their knowledge of the necessary equipment, any state-recognised certificates, or the difficulty level of the Products provided by them.
    b. in particular, Passionfruit Guide does not check for accuracy any details provided by Explorers about themselves.

3.4 Rights and obligations for Guides

1 Guides are authorised to offer their Products on the Passionfruit Guide platform at a price determined by themselves (hereinafter ‘Offer Price’).

2 Guides are obliged to enter accurate information about themselves, their experience and any state-recognised certificates when registering on the platform. They are obliged to keep this information up to date.

3 Guides are obliged to provide an accurate difficulty level for the Products offered by them.

4 Guides are aware and agree that the Offer Price given on the Passionfruit Guide platform will be increased to include an automatically generated surcharge of 10% (hereinafter ‘Advertised Price’).

3.5 Rights and obligations for Explorers

1 Explorers are authorised to purchase Products offered by the Guides on payment of the Advertised Price.

2 Explorers are obliged to enter accurate information about themselves when registering and to keep this information up to date.

3 Explorers are obliged to read the information about the Products offered by the Guides carefully and only to purchase Products for which they possess the necessary skills in line with the Product description.

4 After booking a Product, the Explorer will be given the contact details of the relevant Guide.

4. Payment and cancellation

4.1 Payment

1 There is no fee associated with registering on the Passionfruit Guide platform.

2 If a Product Agreement is concluded and the Guide provides their service, the difference between the Advertised Price and the Offer Price represents the payment for the provision of services by Passionfruit Guide. This difference amounts to 10% of the Offer Price. Passionfruit Guide pledges to give 1% of this payment to the fund "Viva con Agua".

4.2 Payment terms

1 When booking a Product offered by a Guide, the advertised price will be charged to the Explorer’s payment card. The amount charged will be deposited to the company "Stripe".

2 The Guide will receive payment of the offer price from the company "Stripe" 24 hours after providing the service.

3 Eco Guides will receive 85% of the offer price in payment. The optional remaining 1% of the offer price will be paid directly to the fund "Viva con Agua".

4.3 Cancellation

1 If the booked Product is cancelled more than 72 hours before the service is due to be provided, the company "Stripe" will reimburse the Explorer for the cost of the advertised price.

2 If the booked Product is cancelled less than 72 hours before the service is due to be provided, payment for the product must be made by the Explorer in full, whereby the guide may only cancel for important reasons such as inability to attend due to an accident, illness, adverse weather conditions etc. The guide will receive payment of the offer price from the company "Stripe" 24 hours after cancellation of the booked Product. In case of cancellation, Eco Guides will receive payment as described in Section 4.2(3) of the General Terms and Conditions.

5. Liability

5.1 Liability for services provided by Passionfruit Guide

1 Passionfruit Guide accepts liability only for damages caused by them as a result of malicious intent or gross negligence.

2 Any further liability is excluded by Passionfruit Guide to the extent permissible by law.

5.2 Liability for Product Agreements

1 Only the relevant registered users can be held liable for any damages caused by entering into or fulfilling a Product Agreement.

2 Passionfruit Guide accepts no liability for any damages that may arise as a result of entering into or fulfilling a Product Agreement.

6. Final provisions

6.1 Data protection

1 When processing data, Passionfruit Guide adheres to all applicable legal guidelines, in particular to the applicable data protection guidelines. Passionfruit Guide processes data provided by interested parties and registered users to the extent necessary in order to fulfil the agreement. Data provided by registered users is treated confidentially, except where this is not possible in order to fulfil the agreement.

2 Interested parties and registered users agree that Passionfruit Guide may pass their data on to third parties insofar as and only to the extent to which this is required in order to fulfil the agreement.

3 Passionfruit Guide’s data protection declaration is an integral and binding part of these General Terms and Conditions.

6.2 Changes to the General Terms and Conditions

1 Passionfruit Guide reserves the right to make changes to these General Terms and Conditions at any time and to publish the currently valid version on the Passionfruit Guide platform.

2 Passionfruit Guide informs registered users of changes to the General Terms and Conditions via email before such changes come into effect, and expressly gives users the opportunity to raise any objections.

3 If a registered user does not raise any objections to the changes made to the General Terms and Conditions, the amended General Terms and Conditions will be assumed to be accepted at the moment at which they come into effect.

6.3 Partial ineffectiveness of the agreement

1 If any individual provisions within these General Terms and Conditions should prove ineffective or incomplete or if they cannot be carried out, this shall have no bearing on the effectiveness of the remaining terms in these General Terms and Conditions.

2 In this event, the contractual parties undertake without delay to replace the ineffective provision with an admissible effective provision, the content of which must come as close as possible to the original intention.

6.4 Applicable law

The agreements between Passionfruit Guide and the registered users, including these General Terms and Conditions, as well as all resulting rights and obligations, are subject to Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (SR 0.221.211.1).

6.5 Place of jurisdiction

With the exception of mandatory places of jurisdiction, the ordinary courts in Emmen, in the Swiss canton of Lucerne, will be solely responsible for resolving disagreements between Passionfruit Guide and registered users.