Provider Terms and Conditions
1. Scope and Contracting Parties
These Provider Terms and Conditions govern the use of the Offer Studio platform by providers of travel and leisure offers.
1.1 Platform Operator
OpenBooking AG
Carl Spitteler-Str. 5
8352 Elsau, ZH
Switzerland
UID: CHE-174.196.729
1.2 Provider
"Provider" refers to all natural or legal persons who register with Offer Studio to create, manage, and publish offers.
2. Registration and Account Management
2.1 Registration Requirements
Registration with Offer Studio requires:
- Provision of correct and complete information (name, organization, email address)
- Registered office or place of business in Switzerland or Liechtenstein
- Authorization to act on behalf of the specified organization
- Acceptance of these Provider Terms and Conditions and the Privacy Policy
2.2 Account Security
You are responsible for:
- The security of your email access (login via Magic Link)
- All activities performed under your account
- Immediate reporting of security incidents to support@openbooking.ch
2.3 Organizations and Team Members
Providers can:
- Manage one or more organizations (depending on subscription)
- Invite team members with different roles (Owner, Admin, Member)
- Adjust access rights and permissions at any time
3. Offer Creation and Management
3.1 Offer Content
As a provider, you are responsible for:
- Correct and complete descriptions of your offers
- Current availability and prices
- Lawful use of images and texts (you guarantee that you have all necessary rights)
- Correct specification of locations, contact information, and service details
3.2 Prohibited Content
The following content is not permitted:
- Illegal, fraudulent, or misleading offers
- Discriminatory or offensive content
- Violations of third-party rights (copyrights, trademark rights, etc.)
- Offers that violate Swiss law
3.3 Translations
Offer Studio provides automatic translations of your offers. You remain responsible for the accuracy of translated content and can provide translation instructions to improve quality.
3.4 Drafts and Publication
- Newly created offers are initially in draft status
- Drafts are only visible to you and can be edited at any time
- Publishing makes offers available through your selected publication channels
- You can withdraw published offers at any time
4. Booking Management and Guest Communication
4.1 Booking Requests
Booking requests received through Offer Studio contain:
- Guest contact details (name, email)
- Desired date and number of persons
- Messages or special requests
4.2 Your Booking Obligations
You commit to:
- Process booking requests promptly (within 48 hours)
- Send clear confirmations or cancellations to guests
- Provide a comprehensible reason for cancellations
- Reliably fulfill confirmed bookings
- Communicate directly with guests and resolve any issues
4.3 Direct Contractual Relationship
Important: The booking contract exists directly between you and the guest. OpenBooking does not act as a contracting party but merely provides the platform.
5. Publication Channels and Subscriptions
5.1 Publication Channels
Offer Studio enables publication of your offers through various distribution channels. Available channels depend on your subscription.
5.2 Subscription Models
- Various subscription plans with different service scopes
- Quotas per publication channel (maximum number of publishable offers)
- Monthly or annual payment options
- Ability to create multiple organizations (depending on plan)
5.3 Campaigns
Participating providers can benefit from time-limited campaigns that unlock additional publication channels. Participation is through entering a campaign code during registration or via organization settings.
5.4 Payment Terms
- Subscriptions are charged in advance
- Payment by invoice to the registered billing address
- Payment terms: 30 days net
- In case of payment default, we reserve the right to suspend access
5.5 Term and Termination
- Subscriptions automatically renew for the selected period
- Cancellation with 30 days' notice to the end of the term
- After subscription expiry, your offers are automatically unpublished
- Your data (drafts, booking history) remains stored and can be restored upon reactivation
6. Liability and Warranty
6.1 Provider Liability
You are fully liable for:
- The accuracy and completeness of your offer information
- Fulfillment of confirmed bookings according to the stated conditions
- Damages to guests resulting from incorrect or incomplete information
- Violations of these Provider Terms and Conditions or applicable law
6.2 OpenBooking Liability
OpenBooking is only liable for:
- Intentional or grossly negligent breaches of duty
- Platform availability subject to regular maintenance
Liability is excluded for:
- Provider content and offers
- Contractual relationships between providers and guests
- Indirect damages or lost profits
- Technical disruptions beyond our control
6.3 Warranty
The platform is provided "as is". We strive for high availability but do not guarantee uninterrupted accessibility.
6.4 Indemnification
You indemnify OpenBooking from all third-party claims arising from your offers, content, or violations of these terms.
7. Data Protection
The handling of personal data is governed by our Privacy Policy.
Important points:
- You process guest data (name, email, booking details) as an independent data processor
- You are obligated to treat guest data confidentially and use it only for booking processing
- OpenBooking provides technical security measures, but you bear responsibility for lawful use
8. Amendments and Communications
8.1 Amendments to Terms
We reserve the right to modify these Provider Terms and Conditions. Changes will be communicated to you by email at least 30 days before taking effect. If you do not object within this period, the new terms are deemed accepted.
8.2 Communications
Important communications are sent to the email address provided during registration. You are obligated to keep it current.
9. Suspension and Termination
9.1 Ordinary Termination
Both parties may terminate the contractual relationship at any time with 30 days' notice to the end of the billing period.
9.2 Extraordinary Termination
OpenBooking may suspend or terminate your account with immediate effect in case of:
- Violations of these Provider Terms and Conditions
- Illegal or fraudulent activities
- Payment default exceeding 30 days
- Repeated guest complaints
- Platform abuse
9.3 Consequences of Termination
- All published offers are unpublished
- Platform access is suspended
- Booking data is handled according to our retention obligations
- You can request a copy of your data (see Privacy Policy)
10. Final Provisions
10.1 Applicable Law
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules.
10.2 Jurisdiction
Exclusive place of jurisdiction for all disputes is the seat of OpenBooking in Switzerland.
10.3 Severability Clause
If individual provisions of these terms are invalid, the validity of the remaining provisions remains unaffected.
10.4 Assignment
You may not assign your rights and obligations under this agreement without our written consent.
11. Contact
For questions about these Provider Terms and Conditions, please contact us at:
OpenBooking AG
Email: support@openbooking.ch
Phone: +41 32 511 1919