Do you want to list and sell travel packages over the Pure Surf and Yoga platform?

1. Operator Product Listing and Orders

Product Information:

Operator is the seller and will provide Pure Surf and Yoga with all required product information, will ensure that all information on the website is at all times current, accurate, complete and relevant to the product and will ensure that the Operator’s products and offers comply with applicable laws. The operator is also responsible to determine the sales price (including Pure surf and Yoga commission) and to keep it updated on the website.

Booking Processing:

For each product sold through the platform Pure Surf and Yoga will forward all booking information to Operator. Pure Surf and Yoga will collect all sales proceeds and will remit all sales proceeds less the referral fees to the Operator on a monthly basis. The costs for money transfers from the client to the Pure Surf and Yoga that may occur (e.g. credit card fees) will be covered by Pure Surf and Yoga. The cost for money transfers from Pure Surf and Yoga to Operator will be covered by the Operator.

For all bookings prior 60 days of departure Pure Surf and Yoga will forward a deposit of 10% of the net price at the end of the month. The remainder will be paid at the end of the month and at least 60 days before departure date. For all bookings within 60 days prior to departure pure surf and yoga will forward the money at the end of the week in which Pure Surf and Yoga received the money from the client.

Availability Information:

Operator will provide availability information on request and within 24 hours. Operator may choose to feed availability information into Pure Surf and yoga systems. If the Operator chooses to do so he will guarantee accuracy of the availability information. In certain cases we can also arrange to check the operators system directly to give our client information on availability, price rates etc.

Quality Standards:

Pure Surf and Yoga will remain the right to refuse or to remove a listing without further explanation if the product listing does not meet Pure Surf and Yoga quality criteria or is misleading and inappropriate.


2. Sale and Operation, Refunds and Returns

Operator’ Terms & Conditions

Operator is aware that the contractual agreement of the product sale will be concluded directly between the Operator and the client under usual circumstances. Operator may provide Pure Surf and Yoga with its General Terms & Conditions to make it available to the traveller.

In the case that Operators terms and conditions contradict with the ones from Pure surf and Yoga (Booking a Travel Package on the Puresurfandyoga.ch Internet Platform) then pure surf and yoga will overrule the Operator’s conditions. Under certain circumstances (e.g. if a client requires pure surf and yoga to be contractual partner) pure surf and yoga may choose to sell Operator products under the pure surf and yoga name without giving further notice to the Operator.

Sale and Operation

Operator will: a) operate all products in accordance with its product information, booking information, its General Terms& Conditions, and all applicable laws valid for his operation; b) will ensure that all licenses, permissions and certificates of professional competence which are necessary for its operation are held; c) ensure that its employees and service providers are regularly trained and qualified for their job; d) ensure that all transportation devices are maintained and roadworthy; e) will ensure that the entity identified on the cover page of this agreement itself is the operator; f) will provide a booking specific travel voucher or written confirmation for each booking that will identify the Operator as the seller to which a customer may make claims against. Pure surf and yoga will forward such information to the client. Operator will not send customer’s emails or contact customer by other means confirming booking of Operator products.

Claims and Refunds

Operator will accept and process claims and refunds relating to the Operator products. Operator will determine and calculate the amount of all refunds and will route all such refunds directly to the customer. Pure surf and Yoga will not refund any referral fees related to the refund to the operator.


3. Problems with Operator Products

Operating Errors

Operator will be solely responsible and hold pure surf and yoga harmless in regard to any clients claims for any non-performing, mis performing or other mistake or act in connection with the operation and delivery of Operator Products, except to the extent caused by pure surf and yoga failure to make available to Operator Booking Information as the same was received by pure surf and yoga or resulting from address verification.


Best Price Guarantee

In case that the price of comparable product is lower in Operator’s other sales channels (including Operator’s own offers, other agencies or the like) than on the pure surf and yoga.ch Internet platform Pure surf and Yoga may choose to match that price to guarantee the clients best prices. The Operator is aware of that and will still grant Pure surf and yoga the commission as agreed on the cover sheet. 


4. Bypassing

Distinction of Operator’s Client versus Pure surf and yoga Client

A particular client or group of client is considered the Operator’s client and Pure surf and yoga is not eligible for the commission of a booking if:

• the client or the group of clients contacted the Operator before Pure surf and yoga

• A client is considered a Pure surf and yoga client and Pure surf and yoga is eligible for the commission of a booking if any of the following applies:

• the client or the group of clients contacted Pure surf and yoga before the Operator and

  • inquired explicitly about any of the operators’ packages, or

  • Pure surf and yoga recommended any of the operator’s packages, or

  • Pure surf and yoga has sent a request or inquiry to the operator on behalf of the client or group of clients.

• the client or group of clients tells/notifies the Operator that he/she/they got to know and became interested in Operator’s package via Pure surf and yoga and its marketing channels

• any other obvious indications showing that the client or group of clients got to know and became interested in Operator’s package via Pure surf and yoga and its marketing channels

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Operators’ Duties

The Operator will inform Pure surf and yoga and will revert a Pure surf and yoga client back to Pure surf and yoga.

Unintentional Bypassing

If an Operator accepts a booking from a direct client who is considered a Pure surf and yoga client without intention or without knowing then the Operator is still obliged to pay Pure surf and yoga the commission agreed on the cover page.

Intentional Bypassing

If an Operator accepts a booking from a direct client, which is considered a Pure surf and yoga client, intentionally – if it can be proven that the Operator was aware of a client being a Pure surf and yoga client, the Operator is obliged to pay Pure surf and yoga 5 times the commission agreed on the cover page.


5. Compensation

Referral Fees

Operator will pay Pure surf and yoga the applicable percentage of the Sales Proceeds as specified on the cover sheet of this agreement.

Listing and Maintenance Fees

The set up and yearly maintenance are free of charge.

6. Propriety Rights and Licenses

Content, Trademark and Product Information License

The Operator hereby grants to Pure surf and yoga a royalty free, non exclusive, worldwide, irrevocable right and license to: a) use, display and distribute any content, trademarks and/or product information provided by the operator. This includes all text and media which is published on the operators website and which Pure surf and yoga copies to Pure surf and yoga.com; b) adapt, modify, re-format and create derivative works of content and product information. 


7. Representations, Declarations and Guarantees; Indemnity

Representations, Declarations and Guarantees

Each party represents, warrants and declares and guarantees to the other that: a) it is a Person duly organized, validly existing and in good standing; b) it has all requisite right, power and authority to enter into this agreement and perform its obligations and grant the rights, licenses and authorizations it grants hereunder; c) this Agreement has been duly authorized, executed and delivered by such Party, and constitutes its legal, valid and binding obligations enforceable against it in accordance with its terms; and d) it will comply with all applicable Laws in its performance of its obligations and exercise of its rights under this Agreement.

Indemnification

Each of Pure surf and yoga and Operator will defend, indemnify and hold harmless the other party from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses arising out of any claim. Each party will cooperate with the other party to avoid claims or to keep damages arising out claims as low as possible.


8. Tax Matters

All operators:

The Operator will be responsible for the collection and payment of any and all Operator Taxes. The Operator agrees that it is the Operator's responsibility to determine whether VAT, customs duties, bed taxes or tourist taxes, excise taxes or other taxes apply to the sale of Operator Products and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. Operator agrees that, unless otherwise agreed by Pure surf and yoga in advance in writing, the price stated by Operator Products is inclusive of any VAT, customs duty, excise tax or other tax that the Operator may be required to remit in connection with such sale. Operator also agrees that Pure surf and yoga is not obliged to determine whether VAT or other taxes apply to any sale of any Operator Products and Pure surf and yoga is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.

9. Disclaimers

Disclaimers

Each party hereby waives and disclaims any representation, warranty, declarations or guarantees regarding (a) the operation of the Pure surf and yoga.ch website, (b) the amount of sales proceeds or other revenues that may occur during the term, and (c) any economic or other benefit that the other party might obtain through its participation in or performance under this agreement.


10. Terms and Termination

General

The Term of this agreement will commence on the effective date and will continue thereafter until terminated by either party as permitted. Either party may terminate the term: a) at any time after the 2nd anniversary of the launch date, without cause, upon 30 calendar days prior written notice delivered to the other party; b) at any time during the term of the agreement if the other party materially breaches its obligations hereunder.


11. Miscellaneous

Communications

Both parties will keep terms of this contract confidential

Independent Contractors

The parties are independent contractors and neither party will consider or represent itself an employee or agent of the other.