General Terms and Conditions
These terms and conditions govern the contract stipulated by the User and Lesson Boom Sagl, based in Switzerland, Grono (hereafter "Lesson Boom"). Registration and registration on the Site involves the conclusion of the contract between the User and Lesson Boom and the acceptance of the clauses contained therein.
Article 1 - Definitions
The following terms, indicated in capital letters, in the singular or in the plural, have the meaning indicated below:
- Acceptance of the Service Request: the Instructor's communication of acceptance of the Service Request, forwarded by a Customer through the Site to the Instructor Profile;
- App: the application, owned by Lesson Boom, through which users can enter into contracts;
- Customer: the beneficiary of the services;
- Contract: the contract that is stipulated between the Customer and the Instructor concerning the provision of Services and having as a party exclusively the Customer and the Instructor;
- Commission: the 10% percentage that Lesson Boom will retain on the Consideration;
- Corresponding: the amount in favor of the Instructor due by the Customer, which the latter will pay to Lesson Boom, as the instructor's mandate, and which Lesson Boom will return to the Instructor by deducting the amount due for the Commission
- Net Consideration: the Corresponding deducted by the Commission;
- Member: the User, be it Customer or Instructor, who has registered and registered with the Site;
- Instructor: the subject providing the Services to Customers;
- Profile: the set of data, including personal data, and information relating to the User made available, for the purpose of their dissemination, in the space dedicated to the individual User within the Site and the App;
- Service Request(i): the request sent by a Customer to an Instructor, through the latter's Profile, of Services;
- Refusal of the ServicePurpose of the treatment: the Instructor's communication of refusal of the Service Request;
- Site: indicates the website and all those contained therein;
- Services: the services provided by the Instructors in favor of the Clients on the request of the latter, which include lessons in skiing, snow boarding, driving activities through mountain itineraries;
- User(s): the Customer or the instructor;
Article 2 - Description of the service offered by LessonBOOM
Lesson Boom provides a platform, consisting of the Site and the App, through which Customers and Instructors can get in touch for the conclusion of a Contract exclusively between Customer and Instructor. Lesson Boom does not provide the Services in any way to Customers or Instructors and does not respond to events, related, connected or connected, even indirectly, to the stipulation and execution of the Contract and the provision of the Services, with the exception of intermediation between Client and Instructor and the activity, by Lesson Boom, of agent in relation to payment of the Consideration.
Article 3 - Registration
In order to be able to use the Site, the App and the Services, the User must register with the Site, register, and create a Profile.
The User who proceeds with the registration and registration, undertakes to provide correct and truthful data, in particular with regard to his identity, and to complete all the information that will be requested for completing the Profile. The User undertakes to indemnify and hold Lesson Boom harmless from any action, claim or damage that may derive from incorrect compilation of the data relating to the registration to the Site. In particular Lesson Boom, regardless of the carrying out of checks and controls that the itself may make, does not guarantee the identity of the User registered on the Site nor assumes any obligation to ascertain the identity of the User, so that, in the case of information relating to the Profile of Users incorrect, untrue or likely to draw deception, the User can not assert any claim, request or action against Lesson Boom.
The registration to the Site determines the purchase of the Member's quality by the User. The Member has the right to cancel his / her registration by request to be sent to Lesson Boom.
The Instructor's Profile will be public and freely consultable by Member Customers. The Instructor undertakes to provide all the information required when completing his / her Profile, in particular, inter alia, the nationality, the experience, the characteristics of the Services offered, the availability, the indication of the Consideration and the rules for billing the Services themselves. It is understood that the Service Fee will be equal to that indicated in the Instructor Profile.
The dissemination of data relating to the Profile is aimed at facilitating the conclusion of Contracts between Customers and Instructors, it being understood that Lesson Boom is unrelated to the events relating to the Contracts, not being part of it, and to the Services.
Article 4 - Users
The User, once registered in the manner indicated in the previous Article 3, will have access to the Instructor Profiles and may forward the Service Request to the latter.
The Service Request is made by completing the relevant form on the Instructor Profile, indicating the type, the day and time of the Service requested, the number of Customers for whom the Service is requested and indicating the method of payment chosen.
Once the Service Request has been submitted, it may be revoked free of charge by the Customer until the Instruction is received by the Instructor. In the event that the Acceptance is received and the Customer intends to revoke his Service Request, the latter must pay a penalty according to the following provisions:
- in case of revocation between 14 and 11 days prior to the scheduled date of the Service, penalties equal to 30% of the Consideration;
- in case of revocation 10 days before the scheduled date of the Service, a penalty equal to 50% of the Consideration;
- in case of revocation or 9 days before the scheduled date of the Service, a penalty equal to 75% of the Consideration;
- in case of revocation less than 9 days before the scheduled date of the Service, a penalty equal to 100% of the Consideration;
Within 24 hours from the date of acceptance, Lesson Boom will proceed to pre-charge the amount relating to the Service Fee requested according to the payment method chosen by the Customer. The final debit will take place after the scheduled date for the requested Service.
It is understood that:
- Lesson Boom will collect the price relating to the Price solely as representative of the Instructor, and will transfer it to the Instructor by deducting the Commission according to the terms and provisions contained in Article 5;
- Lesson Boom is not part of the Contract and, therefore, any actions, questions or claims related to the stipulation or execution of the Contract and, in any case, the execution of the Services that should be asserted between Users and Instructors and vice versa between Instructors and Users, including disputes relating to payments, may be asserted exclusively against the parties to the Contract and, therefore, respectively to Users and Instructors, with the exclusion of any legitimation, even only concurrent, by Lesson Boom.
In the event of any disputes relating to or related to the execution of the Service, the Customer has the duty to forward a communication to Lesson Boom within 24 hours, containing the description of the problems arising in the execution of the Service. In this case it is unquestionable faculty Lesson Boom, as instructor of the Instructor in relation to the collection of the Fee, suspend the payment of the Net Consideration in favor of the Instructor.
In the event that the Customer provides Lesson Boom with evidence of defaulting, negligent, imperious, imprudent or otherwise contrary to the good behavior of the Instructor, Lesson Boom, at its sole discretion, shall have the right not to pay the Net Consideration to the Insurer. Instructor and return it to the customer and to retain the commission anyway.
In the event of revocation of the Service Request, Lesson Boom will proceed to reimburse the User for the Fee, minus the penalties indicated in this Article 4 in addition to the Commission in any case.
Article 5 - Instructors
Once the Instructor has registered in the manner indicated in the preceding Article 3, he / she will have the availability of a Profile, whose information and data will be freely consultable by the Members and will be entitled to receive requests for services.
The Instructor shall provide, at the time of registration and annually, the proof (s) of being registered with the Ski Federation of Switzerland or another recognized school or federation; (ii) to have stipulated an adequate insurance policy to cover damages that could result from the execution of the Contract or the Services, including damages resulting from serious injury or death, with adequate ceilings.
The Instructor will have the obligation, within his / her Profile, to indicate specifically, monthly (in any case no later than 5 days before the beginning of the month), the days and hours of availability for the provision of the Services, with indication of the characteristics of the latter as well as of the Consideration. Following the completion of the Profile by the Instructor, Lesson Boom will make it visible to the Members.
Within 24 hours from receipt of Service Requests, the Instructor will have to send the Customer his Acceptance or Refusal of the Service at the relevant Profile. The Service Refusal must be motivated by the Instructor, in particular as a result of a Service Request previously forwarded by other Clients or other reasons of force majeure or necessity.
The Instructor gives Lesson Boom mandated with representation limited to the collection from the Customers of the Consideration. Lesson Boom, as the agent, will charge the Customers of the Consideration in relation to the Services requested. Within 72 hours of the Service being performed, Lesson Boom will pay the Net Consideration to the Instructor, withholding the Commission.
Lesson Boom does not take on the Instructor any obligation to guarantee payment by the Customers; in particular, in the event that all or part of the payments were revoked or otherwise failed, the Instructor will not be able to demand anything from Lesson Boom and will have the duty to act exclusively towards the Customer .
In case of complaints from Customers in relation to a Service rendered, Lesson Boom will inform the Instructor within 24 hours and the latter will have the right to send their observations and deductions.
Lesson Boom has the right to suspend the payment of the Net Consideration within the deadlines set for the communication of the dispute by the Customer and for the deductions by the Instructor. In the event that, as a result of the contradiction between the Customer and the Instructor, evidence emerged in relation to breaches, delays or otherwise conducted contrary to good faith or good customs by the Instructor, Lesson Boom will have the unquestionable right to return the Customer Fee, deducted by the Commission. In this case the Instructor will have no right to the payment of the Net Fee by Lesson Boom.
The Instructor is solely responsible for the payment of any taxes related to the Net Consideration.
Article 6 - Payments
Customers and Instructors are aware that government agencies, departments or authorities may request payment of taxes or fees from Customers and Instructors in connection with the Services.
Article 7 - Liability - Limitation
Users are aware and accept that Lesson Boom, as a third party unrelated to the Contract, is not responsible in relation to any breach of contract or harmful or dangerous event that could result from the execution of the Contract or in any case from the provision of the Services. It is therefore understood that any consequences that may arise for the Customer from the civil or criminal liability of the Instructor may be relied on exclusively against the latter, as the person exclusively responsible for the execution of the Contract and the Services.
Within the limits permitted by law, Users fully assume the risk deriving from access and use of the Site and the App, including in particular the use of the Profile and consent to the limitation of responsibility of Lesson Boom deriving or connected to loss of data, assets, profits, failure to operate the Site or the App.
Therefore, the Users, within the limits permitted by law, undertake to guarantee and keep Lesson Boom and its employees, director, collaborator, agent or affiliate harmless from any claim, action, request, dispute, expense deriving from or connected to the use of the Site, including the Profile, for the booking and execution of the Services, including non-compliance or damage resulting from the performance or failure / inaccurate / negligent / imperious provision of the Services.
Article 8 - Withdrawal
Lesson Boom reserves the right to withdraw from the present contract, with a notice of 7 (seven) days, proceeding to deactivate the Profile, even without just cause. In case of deactivation, Lesson Boom will return to the Customer the amount paid by Lesson Boom by Customers as consideration in relation to the Service whose execution is expected after the date of deactivation of the Profile.
The withdrawal may occur without any notice in the case of violations, breaches, negligent conduct committed by the User, including the incorrect use of the Profile, the Site or the App, the provision of false information in the Profile, each conduct suitable to circumvent the contractual provisions that provide for the payment of the Commission to Lesson Boom, the breach, in whole or in part, to the Contract, the violation of provisions of law or regulation, the violation of the rules on copyright covering the Site and the App.
Article 9 - Obligations of Users
Members are obliged to refrain from entering into any mutual contacts aimed at the performance or enjoyment of the Services outside the Site and the App and in order to circumvent the obligation of the Commission to pay Lesson Boom. This obligation remains for the entire duration of the Registration and for the 24 months following the termination of this contract and / or the termination of the Registration for any reason.
Article 10 - Processing of personal data
Users consent to the processing of their personal data by Lesson Boom for the purpose of the execution of this contract.
Article 11 - Industrial Property
Lesson Boom is the owner of the intellectual property rights on the content of the Site and the App.
Article 12 - Place of disputes
Any dispute that may arise between the User and Lesson Boom will be referred to the exclusive jurisdiction of the judge of the Lesson Boom office.