General terms and conditions

This is a translation for convenience. In case of discrepancies, the German version of these general terms and conditions is the only legally binding one.

I. Subject matter of the contract

Tourismusconsult GmbH (Winterthur), hereinafter referred to as Tourismusconsult, provides services in the field of marketing and business consulting that are contractually agreed between the client and Tourismusconsult. The details of the description of services are set out in section III.

The following general terms and conditions apply exclusively to all contractual relationships between Tourismusconsult and the client. Counter-confirmations by the client referring to its own terms and conditions are hereby expressly rejected. Deviations from these terms are only effective if confirmed by Tourismusconsult in writing.

Tourismusconsult reserves the right to amend these terms and conditions at any time. Tourismusconsult will notify the client of any such amendment without delay. Unless the client objects within 14 days of the date on which the notice of amendment was sent, the amended terms are deemed accepted by the client.

When Google Ads are created, our campaigns contain one ad group as standard. Additional ad groups within the same campaign are quoted separately.

II. Offer and conclusion of contract

Offers are subject to change and without obligation. Declarations of acceptance and orders from the client require written or electronic confirmation by Tourismusconsult in order to be effective. The contract is also concluded once Tourismusconsult begins to perform the service.

Deliveries, services and offers are made on the basis of these terms and conditions. Ancillary agreements require the written form.

The client's own terms do not become part of the contract, even if Tourismusconsult does not expressly object to them and the contract is nevertheless performed.

III. Description of services

Tourismusconsult offers individual services primarily in the fields of marketing and business consulting.

The nature and scope of the services are set out contractually between the client and Tourismusconsult.

The following applies to keyword advertising services: in the case of a keyword campaign with Google, the client agrees that the ads campaign is managed via the My Client Center of Tourismusconsult.

Digital subscriptions are billed according to actual hours worked. Where Tourismusconsult applies a flat rate for the work to be carried out, that flat rate is converted into hours (using the agreed hourly rate). The resulting number of hours is deducted from the monthly or contractually agreed hour allowance.

Tourismusconsult may manage adjacent or similar search terms for different clients. In doing so, Tourismusconsult will not give the interests of one client priority over those of another. Tourismusconsult does not provide exclusive services for individual businesses or geographical areas.

IV. Use of artificial intelligence (AI)

Tourismusconsult additionally uses AI-based tools and systems to provide its services (for example generative AI for copywriting, image generation, data analysis, keyword research, campaign optimisation, translation and internal processes). By concluding the contract, the client consents to the use of such tools in the performance of the assignment.

All services provided by Tourismusconsult are reviewed and approved by qualified staff. AI tools serve to increase efficiency and quality; professional responsibility for the performance of the services remains with Tourismusconsult.

The use of AI does not change the basis of billing: invoicing is based on actual hours worked or on the agreed flat rate. Efficiency gains from the use of AI feed into the ongoing improvement of the service and do not automatically lead to a reduction of agreed flat rates or hour allowances.

The client acknowledges that AI-generated content (texts, images, suggestions and the like) may in rare cases contain inaccuracies despite careful review. Tourismusconsult is liable exclusively within the limits set out in section XIII.

Tourismusconsult treats data provided by the client as confidential and uses AI tools only in compliance with applicable data protection law. Personal data or confidential information of the client is entered only into AI systems that ensure appropriate protection of such data (for example business accounts that do not use the entered data for training).

The client is obliged to inform Tourismusconsult in writing in advance if certain data or content may not be processed using AI tools. Absent such a restriction, the use of AI is deemed permitted.

Copyright and usage aspects of AI-generated content are governed by section VII. Tourismusconsult gives no warranty that copyright protection arises in AI-generated content or that such content is free from third-party rights.

V. Project collaboration

When the assignment is placed, the client and Tourismusconsult each appoint a project manager. Both are authorised to take binding decisions within the scope of the project, provided these do not conflict with the terms of the quotation.

The client is obliged to meet all organisational and technical prerequisites for the provision of the services. Where interfaces or third-party systems are involved, the contractor's warranty ends at the interface.

Additional work and additions not listed in the quotation require a separate quotation and a written order.

Expenses are charged separately (according to actual cost). For meetings and appointments at the client's premises we charge a flat rate of CHF 1.00 per kilometre (from Winterthur) or a first-class public transport ticket (half-fare). No travel expenses are charged for meetings in the Zurich area. Further expenses are invoiced according to actual cost.

VI. Warranty and guarantee

Tourismusconsult warrants that the services can be used in accordance with the description of services valid at the time the contract is concluded and that they essentially fulfil the functions described therein. Tourismusconsult expressly does not warrant inclusion in any search service or internet directory, nor does it guarantee particular ranking positions on search engine results pages.

Employees and/or agents of Tourismusconsult may enter into agreements that deviate from these general terms and conditions. Such agreements are only effective if confirmed by Tourismusconsult in writing.

Tourismusconsult does not warrant that third-party services, in particular network services or other third-party contributions, are always available without interruption, error-free and secure. The same applies accordingly to services of external AI providers and AI platforms.

The client must demonstrate that it has notified Tourismusconsult of defects in writing and that the defects are attributable to the services of Tourismusconsult.

VII. Copyright and rights of use

During the ongoing contractual relationship, all content created by Tourismusconsult for the client is available to the client for use.

If the client intends to take over a keyword campaign and run it independently, Tourismusconsult transfers all access rights to the client without any restriction or financial consequences.

The same rights of use apply to AI-generated content as to other services. The client acknowledges, however, that under current law purely AI-generated content may not give rise to independent copyright, and that no exclusive rights can therefore be assigned in such content.

VIII. Price changes

Prices in offers by Tourismusconsult may change at any time. For agreed and confirmed assignments, the prices valid at the time the contract was concluded apply until the end of the contract.

For contracts of unlimited duration (in particular services cancellable on a monthly basis), Tourismusconsult is entitled to change prices. Such changes are communicated to the client in writing or electronically at least three months in advance. If the client does not agree to the price change, it has the right to terminate the contract with effect from the date the change takes effect. If no notice of termination is given by that date, the price change is deemed accepted by the client.

IX. Terms of payment

Invoicing takes place as standard after conclusion of the contract. Recurring costs such as the support fee for managing a keyword campaign are invoiced in arrears (monthly or quarterly, at the beginning of the following month or quarter). Where click costs are billed via Tourismusconsult, invoicing takes place in advance (as a total amount or in instalments).

All prices are in Swiss francs and exclude statutory value added tax. Invoices are due for payment without deduction no later than 30 days after the invoice date. Amounts exceeding CHF 5,000 must be paid 50 % in advance. Where click costs are billed via Tourismusconsult, the corresponding invoices are due without deduction no later than 10 days after the invoice date.

If third-party services, in particular click costs for search engine operators, are billed via Tourismusconsult and the client falls into arrears with payment of these costs, Tourismusconsult is entitled, after prior notice (by telephone or email), to pause the affected services — in particular running keyword campaigns — with immediate effect. Reactivation follows receipt of the outstanding payment.

In the event of a client's default in payment for services provided directly by Tourismusconsult, the right of set-off (against click costs and/or the client's counter-performance) is expressly reserved.

If it is not possible to register a company credit card for settling the monthly click costs, these costs may be charged to the credit card of Tourismusconsult against a surcharge (credit card commission and administrative effort).

X. Contract term and termination

The term of the service provided by Tourismusconsult is agreed contractually between the client and Tourismusconsult.

An annual contract is automatically extended by a further year after the original term expires, unless terminated with three months' notice to the end of the contract term.

The right to terminate for good cause remains unaffected. Good cause for early termination of the contract by Tourismusconsult exists, among other cases, where:

• the client suspends payment or insolvency proceedings are opened
• claims of the client are attached and the attachment is not lifted within two weeks
• the contracting party fails to comply with the provisions on the admissibility of content and terms towards third parties, or breaches material contractual obligations such as the duty of confidentiality
• good cause is presumed where third parties challenge the admissibility of the terms and page content registered by the client

XI. Responsibility and indemnification

Tourismusconsult does not check whether the registered content or the client's pages infringe third-party rights. The client alone is responsible for the admissibility of the terms it registers and the content of its pages and for their freedom from third-party rights, in particular under copyright, competition and criminal law.

Tourismusconsult reserves the right to reject terms or assignments that are manifestly unlawful or contrary to netiquette. Tourismusconsult does not, however, carry out its own legal review of the terms or of the content hosted on or contained in the client's pages.

The client hereby indemnifies Tourismusconsult against all third-party claims arising from the client's use of terms or content that are inadmissible or encumbered with third-party rights.

XII. Client cooperation

The client is obliged to provide all necessary cooperation so that Tourismusconsult can perform the contractual services. In particular, the client will supply all information required for performance of the contract.

The client is obliged to examine all services of Tourismusconsult without delay and to notify defects in writing with a precise description. If Tourismusconsult carries out troubleshooting at the client's request and it turns out that there are no defects, or that the defects lie outside the responsibility of Tourismusconsult, Tourismusconsult may invoice the effort involved.

If the client fails to meet its obligations to cooperate, Tourismusconsult is released from its obligation to perform. If Tourismusconsult nevertheless performs, it invoices the effort at the applicable quoted prices.

XIII. Liability

Tourismusconsult is liable for any damage, on whatever legal basis (for example non-performance, subsequent impossibility, default, warranty, culpa in contrahendo, breach of ancillary duties or tort), only in cases of intent or gross negligence.

Claims for damages are excluded where Tourismusconsult is unable to fulfil its obligation because suppliers or service providers, without gross fault on the part of Tourismusconsult, have not delivered properly, or because software, AI services or network services supplied by them do not function properly.

Tourismusconsult accepts no liability where tracking is impaired by updates to a booking engine or online shop. The effort required to restore functionality is invoiced separately.

The same limitations of liability apply to content, recommendations or analyses produced with the aid of AI tools. Any further liability for inaccuracies in AI-generated content is excluded.

XIV. Confidentiality

The client undertakes to keep secret all trade and business secrets, and all information designated as confidential, that reaches or becomes known to it in the course of performance of the contract from Tourismusconsult or from persons acting on behalf of Tourismusconsult.

Tourismusconsult for its part undertakes to treat the information made available by the client as confidential. Where AI tools are used, confidential information is processed exclusively in systems that ensure corresponding protection.

XV. Applicable law and place of jurisdiction

Amendments or additions to the contract, including ancillary agreements, require the written form. This also applies to this provision.

Should one or more provisions of the contract, including these terms and conditions, be or become invalid, the validity of all other provisions or agreements shall in case of doubt remain unaffected. In place of the invalid provision, a rule shall apply that comes as close as legally permissible to the economic purpose of the invalid provision.

The exclusive place of jurisdiction is the registered office of Tourismusconsult GmbH. Swiss law applies, excluding Swiss private international law.

Tourismusconsult GmbH – current version of the terms and conditions, valid from May 2026.