By accessing and using the Palisis Marketplace, the user (“User”) (a natural adult person able to enter legally binding agreements or an underage natural person with explicit permission) acknowledges to have read, understand and agree with the privacy policy, the General Terms and Conditions and these Palisis Marketplace terms and conditions. The users are responsible for acknowledging and complying with these terms and conditions by others who use the Palisis Marketplace in connection with the user.
Palisis AG (“Palisis”) is a private company with limited liability, organised under the laws of Switzerland, incorporated and with its registered address at Seestrasse 25, 8702 Zollikon, Switzerland. Palisis is registered in the Swiss company register with the number CH-020.4.038.024-4 and our VAT Number is CHE-114.356.432.
The Palisis Marketplace (“Marketplace”). Palisis operates and are responsible for the platform and services operated under the websites www.palisis.com and www.instantticketing.com, as well as related websites. The Marketplace is an online marketplace where suppliers (“Supplier”) can offer and sell their touristic experiences (“Experience”). Palisis empowers these suppliers to reach a wider audience and facilitates and processes the sales.
Palisis only acts as an intermediary. Using the Marketplace and its connected partners and resellers, Palisis facilitates an agreement and transaction (“Agreement”) on behalf of the supplier between the supplier with a customer (“Customer”). Consequently Palisis contractual relationship with the customer is limited to the correct referral of the purchase (“Booking”) and its processing and confirmation between the Supplier and Customer. Therefore Palisis has to transfer data received from the Customer to the Supplier and back. Palisis is explicitly not a retailer of travel packages under Directive (EU) 2015/2302 or organizes such packages.
PALISIS WARRANTIES, RIGHTS AND OBLIGATIONS
Palisis tries to keep all information and data available through and published on the marketplace (“Data”) as accurate as possible. Nevertheless Palisis does not warrant in any way that the information is complete and correct. Palisis may also add, alter or remove any information on the Marketplace at its sole discretion. The Data on the Palisis Marketplace is for general informational purposes only and does not constitute in any form an offer that binds Palisis.
Palisis tries to always show the total amount of the Booking at checkout (“Booking Amount”), which includes VAT, additional fees from Palisis, discounts and other applicable taxes. Special conditions may apply to the Booking, as displayed and communicated by the Supplier. Upon completing your booking, Palisis offers the Customer the available payment currencies and payment methods in the payment process and facilitates this process on behalf of the Supplier with our payment service provider Adyen. In case Palisis does not receive an instant authorisation for the full amount your payment of the Booking, the Booking and therefore the Agreement is considered not completed and failed.
Booking Confirmation Fulfillment
Palisis tries to deliver the booking confirmation related to the Experience by the Supplier (“Confirmation”) to the Customer instantly after successful payment of the Booking. The Supplier is entitled to modify or cancel your Booking within 24 hours after successful payment, following which the Booking Amount will be refunded.
Limitation of Liability
The liability of Palisis is at all times limited to the use of the Marketplace and facilitating an Agreement between Supplier and Customer. Palisis will never extend to any damages incurred in relation to the use of the Experience provided by the Supplier. Any damages for which Palisis are liable will not exceed the total Booking Amount.
No guarantee or warranty
Palisis does not provide a guarantee or warranty relating to
- the availability, functioning, or quality of the Marketplace;
- the Data within the Marketplace, which is solely displayed for information purposes.
No guarantor position for Experience of Suppliers
Palisis does never assume any responsibility or liability for the Experience offered by the Supplier under the Agreement or information relating to such an Experience, or the data forwarded using the Marketplace by the Customer to the Supplier or third parties. Being listed with an Experience on the Marketplace does not constitute a recommendation or endorsement of the Supplier or the Experience by Palisis.
USER WARRANTIES, RIGHTS AND OBLIGATIONS
The Marketplace is made available to the User for personal and non-commercial use only. The User or anyone affiliated with the User is allowed to buy, resell, use, copy, monitor, scrape, display, download or reproduce any part of the Marketplace for any commercial or competitive activity or purpose without an explicit written approval by Palisis. The User is obligated to remove information or links immediately upon Palisis request.
The Marketplace and its original content (excluding Content provided by Users), features and functionality are and will remain the property of Palisis AG and its licensors. The Service is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Palisis AG.
If a User makes a Booking of an Experience made available through the Marketplace, the User may be asked to supply certain information relevant to the Booking including, without limitation, name, e-mail, phone number, credit card number, expiration date of the credit card, billing address, and shipping information (“Customer Data”). At the time of Booking the Customer must provide the Customer Data correct and complete. The Supplier and/or Palisis may withdraw from the Agreement at any time in case of any failure by the Customer to provide correct or complete Customer Data.
The Customer represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
- the information you supply to us is true, correct and complete.
By submitting such Customer Data, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Booking.
Palisis reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
Palisis reserve the right to refuse or cancel your Booking if fraud or an unauthorised or illegal transaction is suspected.
AGREEMENT BETWEEN CUSTOMER AND SUPPLIER
Each Booking requires payment by the Customer of the Booking Amount to the Supplier with whom the Customer enters into the Agreement. Palisis collects the Booking Amount in the name and on behalf of the Supplier.
The Customer acknowledges that he/she is bound to the Booking for a period of 24 hours from the moment of the Booking. During this period, the Supplier has, at its sole discretion, the possibility to confirm or decline the Booking and enter into an Agreement with the Customer.
The Agreement is binding between the Customer and the Supplier when the Booking is confirmed by the Supplier, which is evidenced by your receipt of the Booking confirmation email and receipt of Tickets via Palisis. The statutory legal reflection period and the right of withdrawal (as included in the EU Directive on distant sales) do not apply to contracts for services to be performed on a specific date or within a specific period, including Bookings and Confirmations offered via the Marketplace.
Commercial reselling of Bookings/Confirmations of Experiences is not allowed and may result in Bookings/Confirmations being made void.
Cancellations, changes and refunds
In case of a binding Agreement between the Customer and the Supplier, Customer request for a change of date or time of the Booking/Confirmation, cancellation of the Agreement or a full or partial refund of the Booking Amount should be directed at, and can be facilitated at the sole discretion of the Supplier. There is no statutory obligation forcing Suppliers to facilitate such requests. Unless otherwise explicitly communicated and described by the Supplier in the product description, all sales are final. If granted by the Supplier, cancellations, changes or requests can be processed by Palisis. To cover costs of cancellations and refunds facilitated by the Supplier, a fee equal to 6% of the Booking Amount applies.
Force majeure events
In case of extreme weather conditions, incidents, strikes or any events or measures that could have an impact on the execution of the Agreement, the Supplier can withdraw from the Agreement with immediate effect. In this case the Booking Amount will be refunded.
Supplier terms and conditions
These terms and conditions include terms and conditions of the Supplier and apply to the Agreement. Additional terms and conditions may apply to use of the Experience provided in relation to the Agreement. These terms and conditions of the Supplier also apply for Bookings/Confirmations via Palisis affiliates or other partners. By accepting these Marketplace terms and conditions, the Customer also acknowledges to have read, understood and agreed with the applicable terms and conditions imposed by the Supplier.
The Agreement may require the Customer to be present at a certain point at a certain time, wear specific cloth, abide by certain hygienical standards, to ensure appropriate insurance coverage (which is not included in the Agreement) or bring an identification document. The Customer is responsible to meet all requirements imposed by the Supplier. Not meeting the requirements may cause being denied to make use of the Experience Confirmation without the right for a cancellation of the Booking/Confirmation.
The liability of the Supplier under the Agreement for the Experience offered to you, may be limited based on the Supplier’s terms and conditions that apply to the Experience related to the Agreement or to the extent permitted by the laws and regulations that apply to the Supplier.
Contact between the Customer and the Supplier
Both parties will receive each other’s contact information when the Agreement is binding.
FINAL PROVISIONS
Governing law and jurisdiction
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. The exclusive jurisdiction of the Swiss courts for any dispute arising out of, or in connection with this Agreement. Jurisdiction for disputes arising from this agreement is the location of Palisis AG in Zollikon (Switzerland). Palisis failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
Palisis reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.