1 Terms and conditions
1.1 Scope of application
tourmark appears in public under the company name tourmark / railtour suisse sa. In the following, the term tourmark is used exclusively. These General Terms and Conditions regulate the contractual relationships between the tourmark agency and the customer who uses the services of tourmark. They are an integral part of every order. Deviating conditions must be agreed in writing. The following General Terms and Conditions apply exclusively to cooperation between tourmark and the contract partner. All persons who have an employment relationship with tourmark are entitled to enter into contracts and agreements on their behalf.
1.2 Duration of contract
The duration of the contract is determined when the contract is concluded. The contract will not be automatically extended without an order from the customer.
1.3 Place of jurisdiction
These terms and conditions are subject exclusively to Swiss law. Place of jurisdiction is Bern.
2 Rights and obligations
2.1 Duty of fiduciary duty and trade secret
tourmark undertakes to carry out the assigned tasks and assignments carefully and responsibly. Project-related information will be treated confidentially. tourmark undertakes to provide the customer with an objective activity that is oriented towards the customer's objectives.
Unless otherwise stated, the client agrees that tourmark may use the graphics etc. created for the client as a reference if required. Products in which railtour suisse sa is involved as the tour operator but which are created by the customer can also be used for reference purposes. As a rule, tourmark places the client's logo without comment on tourmark.ch and links to its website.
2.3 Third party services
For services in the areas of printing, production, web programming, photography, text and editing, tourmark works together with selected specialists. tourmark acts on behalf of the customer vis-à-vis third parties. Services provided by third parties are already included in the offer, so that the customer does not incur any additional costs afterwards. Invoices from third parties will be paid directly by tourmark.
2.4 Intellectual property
All works and ideas created by tourmark are the intellectual property of tourmark at all times. The customer acknowledges the copyrights of tourmark. Without the consent of tourmark, no one is entitled to modify created works.
2.5 Rights of use
In the case of data supplied by the customer, tourmark assumes that the customer is entitled to use the data and that no third party rights are infringed. Where copyrights exist, these must be indicated by the customer without being asked. If no copyright is apparent, tourmark assumes that the image is not subject to copyright. The same applies to text content. Here tourmark assumes that all quotations and sources are given by the client where necessary. Any claims due to copyright infringements shall be borne entirely by the client.
2.6 Data protection
tourmark treats all supplied data confidentially. No data will be passed on to third parties. Except, under strict conditions, to partners who are involved in the fulfilment of the order. The customer's contact data will only be passed on if this is necessary and expedient for the fulfilment of the order (e.g. press text dispatch or newsletter to tour operators) and the customer's consent has been obtained.
The liability on the part of tourmark is limited to gross negligence and/or wilful misconduct. Claims for damages are limited to the order value.
The material, prepared on the basis of a briefing, is regarded as a guideline offer and is free of charge. The validity of the offers from tourmark expires after 30 days, an extension of the options is possible on request.
2.9 Placing of order
The order can be placed in writing by e-mail or letter and automatically assumes that the General Terms and Conditions have been read and accepted in full.
2.10 Free Support
In the case of an existing contractual relationship, the customer has the right to free telephone and written support and advice from a tourmark employee.
2.11 Obligation to cooperate
The customer shall support tourmark in providing the agreed services on the basis of timely, clear instructions, forwarding of necessary information and adherence to the agreed deadlines.
2.12 Data and documents
tourmark bewahrt alle wichtigen Auftragsunterlagen für mindestens ein Jahr nach Fertigstellung des Auftrages auf. Darüber hinaus ist tourmark ohne anderslautende schriftliche Weisung von der weiteren Aufbewahrung befreit. Die fertigen Produktionsdaten werden dem Kunden jeweils zur Freigabe zugestellt.
tourmark assumes that data will be delivered correctly. The customer has the right to proofread. Further correction rounds can only be carried out at no cost if the error lies with tourmark.
2.14 Good for printing
The customer is obliged to check the control documents sent to him before completion for errors and to release them in writing to tourmark, provided that no further corrections are necessary. The release must be made in writing. The "Gut zum Druck" stands for form, design and content. But not for paper, image quality and colour accuracy. tourmark accepts no liability for defects that have not been reported.
2.15 Success control and proofs
Each measure in the action plan is documented. Once all actions have been completed, a report is sent to the customer. tourmark retains vouchers for all work produced. tourmark has the right to use and publish these vouchers as proof of its work.
3 Terms of payment
3.1 Invoicing and Value Added Tax
All offers are always without VAT and are net amounts. In the event of exchange rate fluctuations, we reserve the right to make adjustments to individual measures in consultation with the partner. However, this has no effect on the (Euro) budget provided. The invoice amount is subject to VAT (does not apply to foreign partners). The invoice will be issued in one or two partial amounts on 30.06. and 01.11. of the year. Whether in one or two partial amounts depends on the order volume. The invoices are payable within 30 days of the invoice date, unless otherwise stated.
3.2 Payments on account
For more extensive projects, invoices on account will be issued (only by arrangement). 50% of the offered fee when placing the order, the remaining 50% (plus costs for possible additional services) after completion of the project.
3.3 Reduction or cancellation of the order
If an order is reduced or cancelled, tourmark is entitled to 50% of the agreed fee if processing has already begun. If the service has already been rendered in full, tourmark shall be entitled to the full agreed amount. In addition, the customer must bear the costs incurred or advance services provided by third parties in full.
If there is a difference in comprehensibility between the English and German text, the German text shall apply.
Zollikofen / Bern, 23. May 2018