General Terms of Business

1. Scope and Applicability

  1. The Site allows individuals (hereinafter "Customers") to book travel arrangements based on Trips posted to the Site by third parties

  2. These general terms of business (the "Terms") shall govern the contractual relationship between Botajon and Customers.

2. Definitions

Definitions

In these Terms:

  • "Agency" has the meaning assigned to such term in Clause 4(b).

  • "Booking Request" has the meaning assigned to such term in Clause 4(c).

  • "Booking" has the meaning assigned to such term in Clause 4(d).

  • "Botajon" means the operator of this Site.

  • "Customers" has the meaning assigned to such term in Clause 1(a).

  • "Fees" has the meaning assigned to such term in Clause 6(a).

  • "Offer" has the meaning assigned to such term in Clause 4(d).

  • "Party" means a party to these Terms, i.e. Botajon and the Customer.

  • "Site" means the website botajon.com.

  • "Terms" has the meaning assigned to such term in Clause 1(b).

  • "Trips" has the meaning assigned to such term in Clause 3.

Interpretation

  1. Any term denoting the singular shall be interpreted to also denote the plural and vice versa.

  2. Any reference to a "Clause" shall be deemed to be a reference to a clause of these Terms unless the circumstances provide otherwise

  3. "Including" shall be deemed to mean "including (without limitation)".

3. Trips

The Site features journeys and trip ideas ("Trips"). Trips are created by third-party content creators, and while Botajon asks Trip creators to be diligent when creating trips, errors may occur. Botajon therefore makes no warranties as to the content of the Trips.

4. Booking Process

  1. The Site facilitates the booking of travel arrangements by Customers based on Trips selected by the Customer.

  2. In this process, the Customer may request offers from professional travel agencies selected by Botajon (each, an "Agency") for travel arrangements based on Trips. To do this, the Customer may use the functionality offered therefore by the Site.

  3. By submitting the booking form (a "Booking Request"), the Customer makes a request for an offer from an Agency. When the Customer makes a Booking Request, the Customer agrees to provide accurate and complete information about their travel needs and preferences. The Customer is aware that it is important that all information they enter during the booking process is correct; otherwise, the Customer may not be able to travel.

  4. Upon receipt of a Booking Request, Botajon will liaise with the Agency and request a proposal (the "Offer"). It will then relay the Offer to the Customer, who may accept the Offer by following the respective agency's instructions for payment, upon which a binding contract is made between the Customer and the Agency for the selected travel arrangement (a "Booking").

5. Parties to a Booking, Travel Terms

  1. Bookings are contracts between the Agency notified to the Customer by Botajon and the Customer. Botajon is not a party to such Booking, has no control over the performance or fulfillment of the services by the Agency, and shall not be responsible for the Agency's services under such Booking.

  2. Each Booking shall be subject to the terms and conditions of the Agency that the Customer has accepted when making the Booking Request or upon making the Booking.

  3. Botajon is not a travel agency and does not provide or sell any travel services. Botajon only acts as an intermediary between Customers and Agencies. Botajon does not endorse, guarantee, or assume any responsibility for the quality or availability of the services offered by Agencies.

6. Fees and Payment

  1. Upon making a Booking, the Customer is obligated to pay the respective fees set out in the Offer to the Agency (the "Fees").

  2. Fees may be paid by credit card. Botajon may act as the Agency's payment intermediary by providing the necessary credit card interface. Where Botajon collects payment, the Customer's payment to Botajon shall be deemed payment to the Agency.

  3. Botajon does not charge any fees to Customers for using the Site. However, Botajon may receive commissions or other payments from Agencies for facilitating the transactions between Customers and Agencies.

7. Exclusion of Warranties, Exclusion of Liability

  1. BOTAJON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TRIPS OR THE AGENCY CHOSEN BY BOTAJON OR ITS SERVICES OR THEIR AVAILABILTY. THE CUSTOMER SHALL DIRECT ALL QUESTIONS AND ISSUES REGARDING ANY BOOKING SOLELY TO THE AGENCY. THE CUSTOMER SHALL NOT HAVE ANY RIGHTS, INCLUDING WARRANTY RIGHTS, VIS-À-VIS BOTAJON REGARDING ANY BOOKING.

  2. BOTAJON HEREBY EXCLUDES ANY LIABILTY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Various Provisions

8.1 Severability

Each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law. T he invalidity or unenforceability of any provision of these Terms shall in no way affect the validity or enforceability of any other provision hereof. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force and effect if both the economic and legal substance of the transactions that are contemplated in these Terms are not affected in any manner adverse to any Party.

8.2 No waiver

The waiver of a breach of these Terms or the failure of a Party to exercise any right under these Terms shall in no event constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under these Terms. The failure of either Party to enforce at any time any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a Party to enforce each and every such provision thereafter.

8.3 Amendments

Botajon reserves the right to modify, suspend, or terminate the Site or any part thereof at any time without prior notice or liability. Botajon also reserves the right to change or update these Terms at any time by posting the revised Terms on the Site. Continued use of the Site after any such changes constitutes the Customer's acceptance of the new Terms.

9. Applicable Law and Venue

  1. These Terms shall be exclusively governed by substantial Swiss law under the exclusion of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

  2. The ordinary courts of the City of Zurich, Switzerland (Zurich 1) shall have exclusive jurisdiction with respect to any and all disputes arising out of or in connection with these Terms.