Region Dents du Midi (RDDM SA) provides activity providers (Provider) with a booking platform allowing them to market their offers online. Below you will find the general terms and conditions applied when joining the platform.
1. INTRODUCTION
RDDM SA provides the Provider with:
- The marketing of their activity via its own TSMART booking system (local marketing)
- The marketing of their activity via various booking sites called OTAs (international marketing)
- Personalized advisory services
2. SCOPE OF SERVICE
When an activity is registered using the entry form provided by RDDM SA, a contract is concluded for collaboration between RDDM SA and the Provider for the marketing of their offer on the booking platform.
The booking platform enables the client to make reservations with the Provider, signatory of this contract, through RDDM SA.
The reservation is made by RDDM SA in the name and on behalf of the Provider. The fulfillment of obligations related to the organization of the activity is the sole responsibility of the Provider.
3. ONLINE BOOKING FEES
Regon Dents du Midi website (regiondentsdumidi.ch)
RDDM SA applies a commission of 5% excl. VAT on each online reservation made via the website regiondentsdumidi.ch or at the counters of the tourist offices.
This commission covers the platform transaction fees and the marketing work of RDDM SA.
External websites (International)
The TSMART platform offers greater visibility for your activity by distributing it on other websites via gateways (channel manager). Booking fees and commissions are specific to each website and will be deducted from the gross sales price defined in TSMART. RDDM SA does not take any additional commission on sales made through these booking channels.
4. OBLIGATIONS OF RDDM SA
The activity entered into the system is marketed on booking sites selected by the organizer at the time of registration.
RDDM SA enters all necessary data for the booking of the activity. RDDM SA checks and enters the various descriptions (in French, German, and English), criteria, conditions, and images of the activity.
After the initial publication, the Provider is responsible for updating their information, which can be modified via their access to the TSMART platform. RDDM SA can also make changes directly on the platform if requested by the Provider, subject to RDDM SA’s availability.
RDDM SA distributes the activity at the Provider’s prices and conditions.
The Provider is notified by email as soon as a booking is made.
As long as the services are available, RDDM SA will proceed with the booking without prior notice to the Provider. In case of overbooking due to the Provider’s lack of attention, it is their responsibility to compensate the client or find an alternative solution.
Payment collection includes debtor control. Amounts received are transferred to the Provider no later than 30 days after the end of the activity, after deduction of commissions due.
The cancellation and payment conditions are specified in the contract. In the event of late cancellation or no-show, RDDM SA applies the cancellation and payment conditions valid at the time of booking.
RDDM SA is not required to check the solvency of the client participating in the activity. The debtor risk is entirely borne by the Provider.
If the client does not pay on time, RDDM SA informs the Provider by email. It is the Provider’s responsibility and decision to possibly terminate the contract in the event of late payment.
8. OBLIGATIONS OF THE PROVIDER
Direct bookings made by the Provider are possible.
The Provider receives access to the activity data (prices, conditions, and bookings), which can be modified at any time via secure access to TSMART. These changes will apply to bookings made after the changes are recorded (earlier bookings are not affected).
Quotas can be blocked or set to zero at any time. The Provider can set the duration, period (in days), and maximum number of participants using the conditions.
The Provider pays a commission on sales made (see point 6). Official VAT is due on the commission amount.
Customer service and other correspondence during and/or after the activity are handled directly between the client and the Provider. The same applies to the settlement of any damages.
In case of customer complaints about the activity, the Provider is obliged to correct the defect/problem at their own expense. If the client contacts RDDM SA with requests or complaints, RDDM SA will refer the client to the Provider.
The Provider must provide RDDM SA with all data and information concerning the activity for entry into the booking system. The Provider will be held responsible for incorrect information, images for which they do not hold rights, etc.
The Provider is responsible for immediately announcing any changes to the activity that impact the published data.
In case of omission, the Provider must bear all resulting damages. If the Provider and RDDM SA have booked an activity for the same period, RDDM SA’s booking takes priority.
9. LIABILITY AND DATA PROTECTION
9.1. Liability
RDDM SA provides compensation to the Provider for any damages resulting from gross negligence committed during a booking via its own website. The maximum amount of damages is limited to the amount of the booking.
All indirect damages such as loss of profit, unrealized savings, additional expenses for the Provider, as well as third-party claims, are expressly excluded.
RDDM SA cannot be held liable for damages that may be claimed by either party in the context of contractual relationships between the Provider and the client.
RDDM SA assumes no responsibility for issues related to the marketing of your activity by other booking sites (OTAs).
The Provider pays a commission as compensation for RDDM SA’s work (see point 6). Official VAT is due on the commission amount.
Customer service and other correspondence during and/or after the activity are handled directly between the client and the Provider. The same applies to the settlement of any damages.
In case of customer complaints about the activity, the Provider is obliged to correct the defect/problem at their own expense. If the client contacts RDDM SA with requests or complaints, RDDM SA will refer the client to the Provider.
The Provider must provide RDDM SA with all data and information concerning the activity for entry into the booking system. The Provider will be held responsible for incorrect information, images for which they do not hold rights, etc.
The Provider is responsible for immediately announcing any changes to the activity that impact the published data.
In case of omission, the Provider must bear all resulting damages. If the Provider and RDDM SA have booked an activity for the same period, RDDM SA’s booking takes priority.
9.2. Data Protection
This contract is subject to the provisions of the European Union’s General Data Protection Regulation (GDPR) and the new Swiss Data Protection Act (nFADP).
The Provider is responsible for assessing the lawfulness of personal data processing under Article 6(1) of the GDPR and for safeguarding the rights of data subjects under Articles 12 to 22 of the GDPR.
The following are specifically covered by the European regulation:
- The Provider must obtain the client’s consent for communications such as newsletters, etc., after the client’s departure.
- At the client’s request, the Provider must inform them about the data stored in their internal system.
- The Provider must delete personal information at the client’s request. However, certain data must be retained due to legal obligations (e.g., accounting).
RDDM SA acts as a processor under this contract. RDDM SA only uses systems that provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures, so that processing meets the requirements of the GDPR.
10. DURATION OF THE CONTRACT AND TERMINATION
This contract comes into force upon signature. The contract is concluded for a period of two years from the date of signature. After these two years, it is automatically renewed each year. In the event of termination, the provider must take into account already confirmed bookings.
Early termination of this agreement is possible in the following cases:
- The activity covered by this contract is no longer offered by the Provider
- The Provider or RDDM SA has not complied with the terms of the contract
11. MISCELLANEOUS CONDITIONS
Agreements other than those contained in this contract are only valid in writing.
If the Provider does not comply with the conditions of this contract, RDDM SA reserves the right to exclude them temporarily or permanently from the booking system.
For any dispute, the place of jurisdiction for both contracting parties is Monthey. This contract is subject to Swiss law.