GTC - SECRETSTOP

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      GTC

      Terms of use online platform www.SECRETSTOP.eu  (GTC)

      The basics

      1

      scope

      1.1

      These terms and conditions apply to the use of the online platform www.SECRETSTOP.eu ( “SECRETSTOP” ) regardless of whether you use it as a host or as a guest. Our SECRETSTOP GTC is also important to us. You can find it here.

      1.2

      All offers and services from SECRETSTOP are based exclusively on these General Terms and Conditions. Possible terms and conditions of users do not apply. This also applies if SECRETSTOP has not expressly contradicted the terms and conditions of users.

      2

      Who we are…

      2.1

      Passionate people who love to travel on 4 wheels and discover locals who are eager to offer an exclusive and unique experience. We operate SECRETSTOP , Bliss Venture SA, Chemin des Barmettes 9, 1934 Bruson, CH which in turn operates www.SECRETSTOP.eu .

      3

      … and what SECRETSTOP is

      3.1

      SECRETSTOP provides its users with a platform on the www.SECRETSTOP.eu website , through which STOPS, overnight accommodation and EXPERIENCES can be arranged for a fee. Providers of STOPS, overnight accommodation or EXPERIENCES are called “hosts” and advertise their offer ( “STOP possibility” ) on the platform , which can then be booked by “guests” . “Users” of SECRETSTOP can be hosts as well as guests. These terms and conditions apply to both user categories, with separate terms and conditions sometimes applying depending on the user group (see Section 24 for hosts and Section 25 for guests).

      3.2

      STOP options can include exclusive campsites. Hosts and guests can be private individuals as well as legal entities.

      4th

      … and who we are together

      4.1

      A community that is committed to the SECRETSTOP phylosphy and wants to offer or experience sustainable and gentle tourism off the beaten track. Everyone who registers for SECRETSTOP agrees to the SECRETSTOP GTC – and it is important to us that this spirit is lived.

      5

      A mediator: the role of SECRETSTOP

      5.1

      Our business is the platform. We mediate, and we do that, by providing the technical framework for mediating the STOPS option between the host and the guest. For this, SECRETSTOP charges the host a small fee. Payments can be processed directly through the SECRETSTOP platform. For regulatory reasons, we don’t do this ourselves, instead we work with the licensed provider Stripe Connect, with whom you also enter into a contractual relationship yourself. SECRETSTOP itself does not provide any STOP facilities

      5.2

      There is no employment relationship between SECRETSTOP and the hosts or guests, and we are not a simple society. SECRETSTOP is not authorized to give instructions to hosts or guests and vice versa.

      5.3

      All rights and obligations arising from the contract for the use of a STOP facility arise exclusively between the hosts and the guests. Hosts provide the services offered to guests exclusively in their own name and on their own account and responsibility, and only guests are liable to hosts for the contractual use of the STOP facility.

      6th

      So you are there

      6.1

      Surfing on www.SECRETSTOP.eu is of course possible without registration.

      6.2

      Setting STOP options or using the booking functions, however, requires prior registration as a user. Users can be hosts or guests. Users must be of legal age and have unlimited legal capacity. Users can be natural or legal persons.

      6.3

      You can register using the “Register” input mask or by logging in to the following online portals: Facebook (for data protection aspects of this type of login, see our data protection guidelines).

      6.4

      After registration you will receive an automated email from SECRETSTOP that confirms you that you have already accepted the terms and conditions  of SECRETSTOP.

      6.5

      Truthful and complete information must be provided when registering. Third party data may not be used. The «user account» is not transferable.

      6.6

      Please keep your registration data up to date and treat your access data, especially the password, with the strictest confidentiality. If you discover that an unauthorized third party has used your account, please inform SECRETSTOP immediately so that damage can be avoided as far as possible.

      7th

      The SECRETSTOP brand

      7.1

      SECRETSTOP and the graphic representation are protected . You may not use, modify, create derivative or similar representations thereof or use them in communications of any kind without our written consent.

      The license agreement or: This is how we work together

      8th

      Our license to you

      8.1

      With the registration of your user account and the conclusion of the usage contract between SECRETSTOP and you, we grant you a limited, non-exclusive, non-transferable and revocable license to use SECRETSTOP in accordance with these terms and conditions.

      9

      Your license to us

      9.1

      For the sole purpose of operating the Platform, you grant SECRETSTOP a non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide license to use, store, display, reproduce, cancel the content you post on SECRETSTOP ( “User Content  ) , display, distribute or use in a similar manner. This applies in particular to the pictures you post and your contact details.

      9.2

      We reserve the right to review, remove or edit your User Content at our sole discretion . This applies in particular to content that we believe violates these terms and conditions. See also sections 27 and 28.

      10

      Duration and termination of the user contract by the user

      10.1

      The license agreement is entered into for an unlimited period. It can be ended at any time by sending a short email or by deleting your user account.

      10.2

      If you are the host, please note that the deletion of your user account will result in the cancellation of all bookings confirmed at this point in time and the guests will receive a full refund of the rental fees already paid in advance. In this case, the SECRETSTOP fees also apply, namely those owed by you, but also those that the guest would have had to pay (see also Sections 17 and 17.3).

      10.3

      If you delete your user account as a guest, all your bookings will be automatically cancelled. Please note, however, that the cancellation rules specified in the booked offer still apply. A refund of the STOP fees you have already paid may therefore not be owed in all cases. Since you delete your account knowing about this connection, you also have to take the risk. Neither SECRETSTOP nor the host is liable to you for this (see also Sections 17 and 17.3).

      10.4

      When you delete your user account, the user content you posted on SECRETSTOP will be irretrievably deleted. There is no entitlement to the restoration of your data.

      11

      Termination of the license agreement by SECRETSTOP

      11.1

      We will only delete your user account if you leave us no other choice ( “extraordinary termination” ). This is the case if you seriously violate these terms and conditions or if well-founded complaints are received about you or someone close to you in connection with the use of SECRETSTOP or a rental agreement with the host or guest or you otherwise attract attention through behaviour contrary to the law or the contract.

      11.2

      You can see the consequences that this has for your user content or, if you are a host, your bookings under Section 10. SECRETSTOP is not liable for this loss of earnings because the deletion of your host account was provoked by your own misconduct.

      11.3

      Apart from that, it can of course be the case that we want to stop operating the platform. We reserve this right. When the platform is discontinued, the user contract between us is also terminated. Of course, we will inform you about this as early as possible and, if possible, take precautions so that nobody is harmed.

      12th

      It costs

      12.1

      The license to use SECRETSTOP (see section 8.1) itself is free of charge. Fees only apply if you book STOPS through SECRETSTOP or you can rent your STOP through SECRETSTOP to a guest.

      12.2

      As a guest, you will be shown exactly how high the STOP fees and our fees are during the booking process. You have full transparency at all times and you decide to make a booking in full knowledge of the fees incurred.

      12.3

      Before paying the rental price to the host, Stripe Connect (see below) deducts the fees owed to us from the rental price. As a host, you only receive the net amount of the rental price agreed with the guest. As a host, you will be informed of the current SECRETSTOP fees when you register your offer.

      12.4

      If you want to check the current fees, you can find them below (see section 42) SECRETSTOP reserves the right to adjust the fees from time to time and with effect only for future bookings. You will be informed about this in an appropriate manner.

      12.5

      Please note our cancellation conditions (see section 17). SECRETSTOP fees also apply in the event of cancellation.

      13

      The payment process

      13.1

      We use the services of Stripe Connect to handle the payment process between the guest and the host. Stripe Connect is a licensed provider that accepts payments in favour of the hosts on its regulated customer money bank account and then pays these to the eligible hosts or to SECRETSTOP to the extent of the fee owed.

      13.2

      Stripe Connect has a direct contractual relationship with both the Host and SECRETSTOP to manage payments to the Host and fees to SECRETSTOP. Monies owed by the guest to the host never come into the possession of SECRETSTOP and are not controlled by SECRETSTOP. Rather, these funds go to Stripe’s regulated customer money bank account in favour of the seller or SECRETSTOP and are then paid out by Stripe to him or to SECRETSTOP. This saves you and us a lot of regulatory work and allows us to concentrate on what is really important.

      13.3

      As a host, you register directly with Stripe, Paypal or wire transfer when you set up your user account in a separate process and you also accept their terms and conditions. No claims can arise against SECRETSTOP with regard to the payment process, which is why SECRETSTOP does not accept any guarantee or liability for this.

      13.4

      As a guest, you pay the STOP and SECRETSTOP fees owed directly with your credit card. Of course, all conditions of the financial institution with which you entered your credit card contract apply. SECRETSTOP has nothing to do with it and therefore accepts no liability or warranty.

      13.5

      Your credit card will only be charged if the booking is accepted. This can be the case immediately with a direct booking, if the host really confirms your booking by email, the booking is only made with the confirmation email. If your booking is rejected, you will of course not bear any costs.

      The STOP contract or: This is how hosts and guests work together

      14th

      The STOP contract

      14.1

      We have already mentioned it, but it is important, so here again: We only mediate. The heart of SECRETSTOP is the “STOP contract” between the host and the guest for the use of the host’s property. The STOP contract is concluded exclusively between the host and the guest – SECRETSTOP has nothing to do with it and is not a party to the STOP contract. In legal terms, the STOP contract is a rental contract. You can imagine something under that. You rent something so that you can use it for a fee.

      15th

      This is how it is created

      15.1

      The STOP contract comes into being with the written confirmation (email) of the booking request by the host, with which he answers the booking request of a guest regarding an advertisement posted by the host on SECRETSTOP. In the case of direct bookings, this email is generated automatically.

      15.2

      The content of the STOP contract is based on the specifications that are made in the advertisement. Essentially, you rent a piece of earth for the price stated in the advertisement to set up your camper. other overnight accommodation or/and your experiences. Further details and costs for sanitary facilities, fireplaces, the possibility of obtaining firewood etc. and the associated costs can also be found in the advertisement.

      16

      That’s how it ends

      16.1

      The STOP contract ends automatically when you leave on the agreed date.

      17th

      Cancellation options

      17.1

      If you want to cancel your STOP experience before it even takes place, the cancellation conditions stated in the advertisement apply. Please read them carefully before you cancel your booking.

      17.2

      SECRETSTOP offers the following three cancellation options:

      Easy : The guest can cancel up to 3 days before arrival and will receive the entire booking amount minus the entire SECRETSTOP fee back from the host. The date of arrival is decisive for the calculation of the deadline (less three calendar days). “Total SECRETSTOP fee” means that you also have to pay the portion of fees that would have been paid by the host if the STOP contract had been carried out.

      Medium : The guest can cancel up to 10 days before arrival and will receive the entire booking amount minus the entire SECRETSTOP fee back from the host. For the calculation of the deadline, the date of arrival is decisive (minus 10 calendar days). «Total SECRETSTOP fee» means that you also have to pay the portion of the fees that would have been paid by the host if the STOP contract had been carried out.

      Strict : The guest has no option to cancel. He owes the entire booking amount including the SECRETSTOP fee owed by him, even if he does not use the camp in the booked period. Refunds are not possible.

      17.3

      So you have to pay the SECRETSTOP fee for the host in any case in the event of a cancellation. SECRETSTOP also disclaims any liability for any other non-refundable fee or rental rate. Stripe Connect will only reimburse you for the listing price minus our total fee.

      18th

      And so you are attached to one another

      18.1

      Because you are both the only parties to the STOP contract, you have to sort things out yourself if things don’t go as they should between you. SECRETSTOP rejects any liability and warranty for claims that result from the STOP contract itself and does not see itself as an arbitration board or guarantee for a smooth STOP experience. Incidentally, Swiss law is applicable to the STOP contract as long as the STOP facility is on Swiss soil. So if you have legal issues from a Swiss STOP contract, ask a Swiss lawyer. Otherwise turn to lawyers for the STOP country.

      18.2

      We have already mentioned the SECRETSTOP GTC and will come back to it here. It is important to us that the common spirit that we express in the GTC is lived. If everyone treats the other according to these simple (and actually self-evident) rules, where should problems arise?

      19th

      The pricing

      19.1

      So that you as a guest can compare different offers at a glance, the “base price” stated in the advertisement is always for one night one STOP, in case of experiences is always per day and per guest on the STOP site.

      19.2

      Information on the basic price as well as the prices for the overnight stays of other people or additional services such as firewood or breakfast, cleaning fee, any visitor’s taxes, taxes and duties of all kinds etc. can be found in the corresponding advertisement on SECRETSTOP. This is at the sole discretion of the host (at least as long as it is not a matter of taxes or other public-law levies).

      19.3

      SECRETSTOP has no influence on the pricing and therefore declines all liability in this regard.

      20th

      Tourist taxes

      20.1

      If your campsite is located in a municipality that levies tourist taxes, you as the host may also have to collect or pay tourist taxes for renting out your campsite. It is your own responsibility to clarify this with your community beforehand. In any case, SECRETSTOP disclaims all liability in connection with tourist taxes.

      20.2

      So that you are not unpleasantly surprised by any visitor’s tax owed, SECRETSTOP has provided a field in the input mask for new STOP offers that asks for exactly this. The best thing to do is to clarify this question immediately and only post your offer on SECRETSTOP once this point has been clarified.

      20.3

      Under no circumstances will SECRETSTOP be liable for any tourist taxes you owe. They are your business alone. If you breach your duties in this regard, you are solely responsible for it. If a claim is made against SECRETSTOP for this, you have to assume the full amount of the claim including all ancillary costs (e.g. legal and court costs).

      21st

      Taxes, VAT, etc.

      21.1

      As the host, you are responsible for determining whether and to what extent you are obliged to pay VAT or any other type of taxes, fees or charges on the income from the rental of any offers. You are also responsible for including these taxes, fees or charges in your advertisement price. Please clarify these questions with your municipality or canton of residence before placing an advertisement on SECRETSTOP.

      21.2

      Under no circumstances will SECRETSTOP be liable for any taxes you owe. They are your business alone. If you breach your duties in this regard, you are solely responsible for it. If a claim is made against SECRETSTOP for this, you have to assume the full amount of the claim including all ancillary costs (e.g. legal and court costs).

      22nd

      Insurance

      22.1

      All insurance is the sole responsibility of the user. SECRETSTOP recommends that all users obtain comprehensive insurance coverage before STOP.

      22.2

      In no event shall SECRETSTOP be liable for any damage to property, property, personal injury or any other type of damage that may arise in connection with the STOP contract. Should a claim be made against SECRETSTOP due to a lack of insurance cover for its users, you must pay the claim amount in full, including all ancillary costs (e.g. legal and court costs).

      Ratings and reviews

      23

      Self-control through reviews

      23.1

      Guests and hosts can leave a public review within a certain period of time after completing a booking and rate each other using a star rating. All ratings and reviews reflect the opinions of individual users and not the opinion of SECRETSTOP. SECRETSTOP does not check ratings and reviews for accuracy and may be inaccurate or misleading.

      23.2

      Ratings and reviews by guests and hosts must be accurate and must not be offensive or defamatory or otherwise illegal or offensive. Sections 27 – 33 apply to user content.

      Between SECRETSTOP and host

      24

      For hosts only

      24.1

      Between us, so that everyone has a great experience:

      24.2

      When you post an ad on SECRETSTOP, please provide complete and correct information. Point out any deficiencies or requirements to be met. And please keep your ad up to date, especially the availability data, of course.

      24.3

      The content of your advertisement and the way in which you describe your offer are binding on the guest. This means that you are liable to him for the correct fulfilment of the offer (see also section 18).

      24.4

      You are solely responsible for setting a price (including any taxes, visitor’s tax or additional fees such as a cleaning fee) for your advertisement. As soon as a guest requests a booking for your offer, you may not ask the guest a higher price than the price applicable at the time of the booking request.

      24.5

      Conditions contained in your advertisement, especially with regard to cancellations, must not conflict with these Terms of Use.

      24.6

      If you have accepted a guest’s booking request using the direct booking tool or after confirming it by email, you conclude a legally binding contract with the guest (the STOP contract, see above) and then you have to use your host service as in your ad at the time the booking request described. You are also obliged to pay the respective host fees and any applicable taxes.

      24.7

      SECRETSTOP recommends hosts obtain adequate insurance coverage. Get advice from an insurance specialist about your situation.

      24.8

      All your offers must be in accordance with the relevant laws, tax requirements and other rules and regulations that apply to you (in particular all official approvals, licenses and registrations).

      24.9

      SECRETSTOP declines all liability should you be sued for failure to comply with these points.

      Between SECRETSTOP and guest

      25th

      For guests only

      25.1

      Before you book a campsite, you will be shown all costs, including the price of the advertisement, fees for SECRETSTOP’s service and any taxes or fees that may apply. When you make the booking, you agree to pay these fees in full.

      25.2

      After receiving a booking confirmation, a binding contract is concluded between you and the host, which is subject to the respective cancellation conditions and all other rules and restrictions specified in the advertisement.

      25.3

      As a guest, you are responsible for leaving the stop in the condition in which you found it.

      Responsibility for content and disclaimers

      26th

      Together for top quality

      26.1

      Before we turn to liability issues: The most important factor in quality assurance on an internet platform like SECRETSTOP is self-control . Take part! All users are invited to truthfully rate the offers they have used and to leave factual and helpful comments (see below on the rules). This is an extremely effective means of quality control, because who wants to get bad reviews and thus worsen their chances of getting SECRETSTOP?

      26.2

      Please notify us here immediately if you come across abusive or illegal offers, content or behaviour. This is the only way we can react and protect our community from such behaviour.

      27

      Your responsibility for your content

      27.1

      SECRETSTOP offers you and other users a positive place to discover great STOP opportunities. To keep it that way, you are obliged to adhere to these terms and conditions. This applies in particular to all details, images and other information that you post on SECRETSTOP (“user content” ).

      27.2

      All rights to, and sole responsibility for, the user content you post on SECRETSTOP remain with you. You represent and warrant that your user content complies with all applicable laws and regulations.

      27.3

      Posting user content that violates the law or is otherwise inappropriate or offensive is prohibited. If you do so anyway, you will be liable for damages to SECRETSTOP and other injured third parties.

      27.4

      As the host, you confirm that you provide the services offered to the guest exclusively on your own responsibility and in your own name and that you comply with all legal framework conditions for the implementation of the STOP contract without exception. This includes that you meet the necessary legal requirements in order to be able to provide the services offered at all. You confirm that you have obtained any necessary licenses, permits or registrations before you advertise STOP offers on SECRETSTOP.

      28

      Disclaimer for the correctness of user content

      28.1

      Like all Internet platforms, SECRETSTOP cannot check the identity of registered users or the correctness, authenticity, timeliness, completeness, quality, security, suitability or legality of the offers they have posted. We therefore do not accept any liability for the correctness of the information provided by users or their offers, and we fully reject any liability for incorrect information provided by other users.

      28.2

      SECRETSTOP does its best to ensure that only offers from reputable hosts are presented on the platform and that the information about the users as well as the type and availability of the STOP opportunity offered are complete, correct and up-to-date. For this purpose, SECRETSTOP reserves the right to request official identification documents or other information from users that allow a verification of the identity of the user or the authenticity and correctness of the offer. If a user objects to this verification process, SECRETSTOP reserves the right to delete his user account, including all data contained therein, for security reasons. Despite all the care, it can still happen that errors or even fraudulent offers creep into our platform.

      28.3

      Please do your part and give us feedback immediately if something seems suspicious to you. And always take a good deal of care when you get in touch with a host you don’t know and make a booking.

      29

      Disclaimer of problematic user content

      29.1

      SECRETSTOP disclaims all liability for content that you or other users post on SECRETSTOP.

      29.2

      If you post user contributions, please note that these are not illegal in any way and specifically do not contain any depictions of violence and may not be sexually offensive. In addition, they must not contain any discriminatory, insulting, racist, defamatory or otherwise illegal or immoral statements or representations. User amounts must not contain any incorrect statements of fact. And they must not violate the rights of third parties, e.g. their names, trademarks, copyrights, personal rights, etc. We call such content “problematic content” in the following.

      29.3

      SECRETSTOP rejects any liability for problematic user content. If you post problematic content, you have to bear the full legal consequences of it yourself (criminal charges, notifications and claims for copyright infringement, etc.). If SECRETSTOP or other users are harmed by problematic content, you are also liable to both SECRETSTOP and to the users who have been harmed by your problematic content.

      29.4

      We’ll delete your problematic content immediately if we identify it as such. The deletion of your user account is reserved.

      29.5

      As a user, you hereby acknowledge that you may be confronted with user content that is problematic in the above sense. We endeavor to track down such content and delete it in good time, but if it comes to a confrontation with it, we decline all liability for it. Please inform us immediately if you come across problematic content.

      30th

      Third party rights

      30.1

      The most common violation of third party rights certainly occurs through the use of images that belong to a third party. You are violating his copyrights on the images used.

      30.2

      If a third party claims against SECRETSTOP for a copyright infringement by you, you must indemnify us in full.

      30.3

      It’s best to only use your own pictures.

      30.4

      In general, however, you are not entitled to use, copy, adapt, change or in any way exploit SECRETSTOP content that is not your own.

      31

      Our own pictures

      31.1

      In some cases, we at SECRETSTOP create the images for the hosts’ offers ourselves. We are happy about it and would like to grant you the right to use these images as part of your offer on SECRETSTOP. However, all rights to the images remain with SECRETSTOP. You may not use them outside of SECRETSTOP without first obtaining our written consent.

      32

      Content from external links

      32.1

      SECRETSTOP may contain links that lead to websites, services, special offers or other activities of third parties or advertisers (“External Content”) that do not belong to or are not controlled by SECRETSTOP. SECRETSTOP does not recommend this external content and is not responsible for it.

      32.2

      Access to the external content is at your own risk, SECRETSTOP declines any responsibility for viewing or using the external content.

      33

      Safety

      33.1

      The safety of our users is extremely important to us. Although we endeavor to protect the platform, your content and your account, SECRETSTOP cannot guarantee that unauthorized third parties will not succeed in breaching our security measures. We ask you to keep your password safe. Please notify us immediately if you discover that the security of your account has been compromised or that it has been accessed without authorization.

      34

      SECRETSTOP Disclaimers

      34.1

      Any liability on the part of SECRETSTOP Swiss law is the applicable law to all contexts of the contract.. This applies in particular to slight negligence. In addition, we exclude any liability for the actions of our auxiliary staff. Ultimately, it goes without saying that we are also not liable for failures or disruptions in the Internet and telecommunications infrastructure that impair the functionality of SECRETSTOP.

      34.2

      In particular, SECRETSTOP is not liable for the identity of the users and not for the correctness of the information and user content that users make on their own responsibility in their advertisements on SECRETSTOP. Please notify us immediately if you come across information and user content that is incorrect, so that we can warn the erroneous user and, if necessary, ban them from SECRETSTOP.

      34.3

      In addition, SECRETSTOP is not liable for a faultless STOP experience. If this does not correspond to the information in the advertisement on SECRETSTOP or otherwise to your expectations, you must only refer to your host with regard to your possible warranty or liability claims.

      34.4

      Conversely, SECRETSTOP is not liable for the acts or omissions of guests that they take or do not take in connection with the implementation of the STOP contract. In particular, SECRETSTOP is not liable for damage caused by guests.

      34.5

      SECRETSTOP is not liable for any form of duties, fees, taxes, taxes etc. that you may owe. It is the host’s sole responsibility to clarify whether such taxes etc. are possibly owed and we recommend that you do this before you advertise your STOP opportunities on SECRETSTOP.

      34.6

      SECRETSTOP is also not liable for any kind of permits, registrations, registrations, etc. that hosts must obtain from authorities before they are allowed to rent out STOP facilities.

      35

      Your liability as a user

      35.1

      Now you know the conditions. If you violate this, you will be liable to us and third parties for damages. More accurate:

      35.2

      In the event of a contractual or illegal use of the user account, you have to hold SECRETSTOP completely harmless. In particular, you have to compensate for all damage caused by the improper use of your user account, in particular, but not only, compensation for damages that SECRETSTOP has to pay to third parties, legal and court costs, fines and fees, etc.

      35.3

      In the event that you use the platform in a way that is contrary to the contract or unlawfully, or if you fail to comply with these Terms and Conditions or the SECRETSTOP GTC, SECRETSTOP is entitled to delete your user account without prior warning from SECRETSTOP. SECRETSTOP’s liability for any damage or loss of data caused thereby is excluded. There is no entitlement to restore the deleted user account. Once you have been excluded, you are not allowed to open a new user account using different login data.

      35.4

      If a third party claims against us because of actions you have committed, you are obliged to indemnify us in full from these claims and to pay full compensation. In particular, you undertake to release SECRETSTOP and its organs, employees and representatives, to defend them at your expense (at SECRETSTOP’s option) and hold harmless from and against all claims for damages, liability obligations, damages, losses and expenses, including the costs of the necessary legal defence and / or accounting costs incurred or in any way related to (i) your breach of these Terms of Use, (ii) your improper use of the SECRETSTOP Platform, (iii) your interaction with a user, (iv) your stay on a campsite; or (v) your violation of any law, regulation or third party rights. This does not apply if you are not responsible for the infringement.

      35.5

      You undertake to assume all legal and court costs and any party compensation costs that may arise in the course of a lawsuit in order to defend against claims asserted against SECRETSTOP. You are liable to us in the same way even if we lose the case. We reserve the right to bring the dispute to you.

      And finally this and that

      36

      Binding nature of the terms and conditions

      36.1

      The detailed contract text in this right-hand column of the GTC is legally binding. The short summaries in the titles and in the left column of these terms and conditions are only intended to provide a quick overview and user-friendliness. In the event of deviations, the detailed contract text in this right-hand column takes precedence over the short text or the titles.

      37

      Data protection

      37.1

      The collection, processing and use of your personal data, which SECRETSTOP has made known within the framework of the user contract or which SECRETSTOP collects, takes place within the provisions of the Swiss federal law on data protection (SR 235.1). The details can be found in the privacy policy (see section 43).

      38

      Changes to these terms and conditions

      38.1

      SECRETSTOP reserves the right to change these terms and conditions or other provisions such as the fee schedule at any time. In this case you will be informed by email in good time before the new conditions come into force. If you do not agree to the new provisions, you must inform us or delete your user account. If you do not do this, you will be deemed to have accepted the new provisions when they come into effect. You will be informed of these possibilities in our email.

      39

      Severability clause

      39.1

      This absurdity means nothing else than that in the event that one of the provisions of these terms and conditions cannot be applied for legal reasons, it should be replaced with a provision that comes as close as possible to it. The validity of the user contract and the remaining provisions of these terms and conditions is not called into question by the invalidity of one or more clauses.

      40

      Place of jurisdiction

      40.1

      The place of jurisdiction for all disputes arising from this user agreement is exclusively at the headquarters of SECRETSTOP. Only Swiss law is applicable.

      41

      Feedback

      41.1

      We love to hear from our users and are always interested in ways we can improve SECRETSTOP. If you submit comments, ideas or feedback, we are entitled to use them without restriction and without compensation.

      42

      Secretstop fees

      Secretstop relies on a transparent and fair price structure.

      42.1 Fees for the guest:

      For every booking you as a guest pay the cost of the rental and experienceThecosts that Secretstop has for payment processing are included in this fee. You can see the effective Secretstop fee from the guest with every booking before you complete it.

       

      42.2 Host fees:

      Each time you make a reservation, you as the host pay a fee of 15% of the total amount of your reservation, including the costs that Secretstop has for payment processing. You can see the effective Secretstop fee from the host in every booking request where your guest makes you.

       

      42.3 Cancellations:

      If you as a guest cancel an upcoming booking in accordance with the cancellation policy, you will always be charged the full Secretstop fees. This means that you also have to pay the portion of the fees that would have been paid by the host if the STOP contract had been carried out.

      43

      Data Protection

      Responsible body within the meaning of the data protection laws, in particular the EU

      General Data Protection Regulation (GDPR), is:

      Bliss Ventures SA
      Chemin des Barmettes 9
      1934 Bruson, VS, Switzerland

      E-Mail: hello@secretstop.eu

      Website: www.SECRETSTOP.eu


      General information

      Based on Article 13 of According to the Swiss Federal Constitution and the data protection regulations of the federal government (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

      In cooperation with our hosting providers, we strive to protect the databases as well as possible from unauthorized access, loss, misuse or falsification.

      We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

      By using this website, you consent to the collection, processing and use of data as described below. In principle, this website can be visited without registration. In doing so, data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or email address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.

      Processing of personal data

      Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

      We process personal data in accordance with Swiss data protection law. In addition, we process – insofar as and insofar as the EU GDPR is applicable – personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR:

      lit. a) Processing of personal data with the consent of the person concerned.
      lit.b) Processing of personal data to fulfill a contract with the data subject and to carry out corresponding pre-contractual measures.
      c) Processing of personal data to fulfill a legal obligation to which we are subject in accordance with any applicable EU law or in accordance with any applicable law of a country in which the GDPR is fully or partially applicable.
      lit.d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
      lit.f) Processing of personal data in order to safeguard the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the person concerned do not prevail. Legitimate interests are in particular our business interests in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
      We process personal data for the duration that is necessary for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.

      Privacy policy for cookies

      This site uses cookies. These are small text files that make it possible to save specific, user-related information on the user’s device while he is using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyze the behavior of the page usage, but also to make our offer more customer-friendly. Cookies are stored beyond the end of a browser session and can be called up again when you visit the website again. If you do not want this, you should set your internet browser so that it refuses to accept cookies.

      A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ to be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that if you do so, you may not be able to use all of the functions of this online offer.

      Data protection declaration for SSL encryption

      This website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the inquiries that you send to us as the website operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line.

      If SSL encryption is activated, the data you transmit to us cannot be read by third parties.


      Data protection declaration for server log files

      The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

      browser type and browser
      version, the operating system used
      Referrer URL
      Host name of the accessing computer
      Time of the server request
      These data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.

      Third-party services

      This website uses Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

      These services of the American Google LLC use cookies, among other things, and as a result data is transmitted to Google in the USA, whereby we assume that no personal tracking takes place solely through the use of our website.

      Google is committed to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields.

      Further information can be found in Google’s data protection declaration .


      Privacy policy for contact form

      If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the request and in case of follow-up questions. We do not pass on this data without your consent.

      Data protection declaration for newsletter data

      If you would like to receive the newsletter offered on this website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you have received the Consent to newsletters. Further data is not collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

      You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter.

      Data protection declaration for the comment function on this website

      For the comment function on this website, in addition to your comment, information about the time the comment was created, your e-mail address and, if you do not post anonymously, the user name you have chosen will be saved.

      Storage of the IP address

      Our comment function saves the IP addresses of the users who write comments. Since we do not check comments on our site before they are activated, we need this data in order to be able to proceed against the author in the event of legal violations such as insults or propaganda.

      Subscribing to comments

      As a user of the site, you can subscribe to comments after logging in. You will receive a confirmation email to check whether you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info mails.

      Paid services

      For the provision of chargeable services, we ask for additional data, such as payment details to process your order or To be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.

      Use of Google Maps

      This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions by visitors. You can find more information about data processing by Google in the Google data protection information. There you can also change your personal data protection settings in the data protection center.

      You can find detailed instructions on how to manage your own data in connection with Google products here .

      Google AdWords

      This website uses Google conversion tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not yet expired, we and Google can see that the user clicked on the ad and was redirected to this page. Every Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to Create conversion statistics for AdWords customers who have opted for conversion tracking. The customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.

      If you do not want to participate in the tracking, you can refuse the setting of a cookie required for this – for example via a browser setting that generally deactivates the automatic setting of cookies or set your browser so that cookies from the domain “googleleadservices.com” are blocked.

      Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all of your cookies in your browser, you must set the respective opt-out cookie again.

      Data protection declaration for Google Analytics

      This website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides https://tools.google.com/dlpage/gaoptout?hl=de a browser plug-in is available. Google Analytics uses cookies. These are small text files that make it possible to save specific, user-related information on the user’s device. These enable an analysis of the use of our website by Google. The information collected by the cookie about the use of our website (including your IP address) is usually transmitted to a Google server in the USA and stored there. We would like to point out that on this website Google Analytics has been expanded to include the code “gat._anonymizeIp ();” in order to ensure an anonymous collection of IP addresses (so-called IP masking). If anonymization is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions about your identity are possible. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us on this and to provide us with other related services to provide. Find out more at The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us in this regard and to provide us with other related services to provide. Find out more at The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us in this regard and to provide us with other related services to provide. Find out more at To write reports for us in this regard and to provide us with other related services. Find out more at To write reports for us in this regard and to provide us with other related services. Find out more at https://support.google.com/analytics/answer/6004245?hl=de .

      Data protection declaration for Google +1

      This website uses social media functions from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, US. When you visit our pages with Google plug-ins, a connection is established between your browser and Google’s servers. In doing so, data is already being transmitted to Google. If you have a Google account, this data can be linked to it. If you do not want this data to be assigned to your Google account, please log out of Google before visiting our website. Interactions, in particular the use of a comment function or clicking a “+1” or “Share” button, are also passed on to Google. Find out more at https://www.google.de/intl/de/policies/privacy .

      Privacy policy for Facebook

      This website uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In doing so, data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our page. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy .

      Data protection declaration for Instagram

      Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram.

      You can find more information on this in Instagram’s data protection declaration: http://instagram.com/about/legal/privacy/

      Data protection declaration for LinkedIn

      This website uses functions of the LinkedIn network. The provider is the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time you visit one of our pages that contains LinkedIn functions, a connection to the LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address. If you click on the “Recommend button” from LinkedIn and are logged into your LinkedIn account, LinkedIn is able to assign your visit to our website to you and your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by LinkedIn.

      For more information, see the LinkedIn privacy policy at:https://www.linkedin.com/legal/privacy-policy

      External payment service providers

      This website uses external payment service providers through whose platforms the user and we can carry out payment transactions. For example via

      PostFinance ( https: //www.postfinance.ch/de / … ( https: //www.visa.de/nutzungsbe … ( https://www.mastercard.ch/de-c. .. Express ( https: //www.americanexpress.co … ( https: //www.paypal.com/de/weba … AG ( https://stripe.com/ch/ privacy) … ( https: //www.skrill.com/de/fuss …etc.
      As part of the performance of contracts, we use payment service providers on the basis of the Swiss data protection regulation and, if necessary, Article 6 (1) (b) of the EU GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Regulation and, if necessary, in accordance with Article 6 (1) (f) of the EU GDPR, in order to offer our users effective and secure payment options.

      The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sums and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. As the operator, we do not receive any information about your (bank) account or credit card, only information to confirm (accept) or reject the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness.

      The terms and conditions and data protection notices of the respective payment service providers, which can be accessed on the respective website or transaction applications, apply to payment transactions. We refer to this also for the purpose of further information and assertion of rights of revocation, information and other data subjects.Newsletter – Mailchimp

      The newsletter is sent by the mailing service provider ‘MailChimp’, a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can read the data protection regulations of the shipping service provider here see. The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection ( PrivacyShield ). The shipping service provider is used on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR and an order processing contract in accordance with Article 28 (3) sentence 1 GDPR.

      The shipping service provider can use the recipient’s data in pseudonymous form, i.e. without assignment to a user, to optimize or improve their own services, e.g. to technically optimize the shipping and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.


      Data protection declaration for YouTube

      This website uses plugins from YouTube, operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages equipped with a YouTube plug-in, a connection to the YouTube servers will be established. The YouTube server is informed which of our pages you have visited.

      If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

      Further information on the handling of user data can be found in YouTube’s data protection declaration at: https://www.google.de/intl/de/policies/privacy

      Brokerage services

      We process the data of our customers, clients and interested parties (uniformly referred to as “customers”) in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU GDPR in accordance with Art. 6 Paragraph 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying order. This basically includes inventory and master data of the customers (name, address, etc.), as well as the contact details (e-mail address, telephone, etc.), the contract data (content of the order, fees, duration, information on the mediated companies / Insurers / services) and payment data (commissions, payment history, etc.). We can also process the information on the properties and circumstances of people or things belonging to them if this is part of our order. This can be, for example, information on personal living conditions, mobile or immobile property.

      As part of our commissioning, it may also be necessary for us to process special categories of data in accordance with Art. 9 Para. 1 GDPR, in particular information on the health of a person. To this end, if necessary, we obtain the express consent of the customer in accordance with Article 6 (1) (a), Article 7, Article 9 (2) (a) GDPR.

      If required for the fulfillment of the contract or by law, we disclose or transmit the customer’s data in the context of coverage inquiries, conclusion and processing of contracts, data to providers of the mediated services / objects, insurers, reinsurers, broker pools, technical service providers, other service providers, such as cooperating associations, as well as financial service providers, credit institutions and capital investment companies as well as social security agencies, tax authorities, tax advisors, legal advisors, auditors, insurance ombudsman and the Swiss financial market supervisory authority (FINMA) or the Federal Financial Supervisory Authority (BaFin). We can also commission subcontractors, such as sub-agents. We obtain consent from customers

      The data is deleted after the expiry of statutory warranty and comparable obligations, whereby the need to store the data is checked at irregular intervals. In addition, the statutory retention requirements apply. In the case of statutory archiving obligations, the deletion takes place after their expiry.

      Copyrights

      The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.

      Whoever commits a copyright infringement without the consent of the respective rights holder can make himself liable to prosecution and possibly liable for damages.


      General disclaimer

      All information on our website has been carefully checked. We strive to provide our information offering up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including journalistic and editorial information. Liability claims from material or immaterial damage caused by the use of the information provided are excluded, unless it can be proven that there was willful intent or gross negligence.

      The publisher can change or delete texts at his own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for damage, such as direct, indirect, accidental, specifically to be determined in advance or consequential damage, which allegedly resulted from visiting this website and consequently assume no liability for this.

      The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher expressly distances himself from all third-party content that may be relevant under criminal or liability law or that is contrary to common decency.

      Changes

      We can adapt this data protection declaration at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change in the event of an update by e-mail or in another suitable manner.

      Questions to the data protection officer

      If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.

      Bruson, May 25th, 2022

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