Date Modified: 17/10/2024
Amended Terms and Conditions of Use
Terms and Conditions of Use – Switzerland
I. KEY PRINCIPLES
1. These terms and conditions (“Terms”) apply to Mega Transfers – Zurich’s or websites in Switzerland.
2. The Website(s) Services allow you to request services from Third-Party Providers or directly from Mega Transfers – Zurich. These services are provided or made available under the Mega Transfers – Zurich Brands. For more information, please visit this page.
3. For Third-Party Services, you are contracting directly with the Third-Party Providers, and Mega Transfers – Zurich acts as a technology intermediation platform to enable you to request and receive such services. In some cantons, Mega Transfers – Zurich Switzerland GmbH has the status of a ride broadcasting company.
4. For the Services Provided by Mega Transfers – Zurich, you may be asked to agree to separate terms that govern your use of those services.
5. Please read these Terms carefully. It includes information about the services and your rights, as well as other important information.
6. You are contracting with Mega Transfers – Zurich limited liability company established in Switzerland, registered and having its offices at Langgenstrasse 16, 8184 Bachenbulach, Switzerland You can contact us for help. https://megatransfers-zurich.ch The company’s VAT identification number is CHE-409.703.363 MWST.
II. RACE BROADCASTER INFORMATION
7. For the purposes of its mobility activity in Switzerland, which allows you to request services from Third-Party Service Providers, the Mega Transfers – Zurich group uses Mega Transfers – Zurich Switzerland Gmbh, a limited liability company under Swiss law whose registered office is located in Zürich and registered in the commercial register of the canton of Zurich under number CHE-409.703.363 MWST , as a racing broadcasting company within the meaning of applicable law.
8.
III. GENERAL CONDITIONS
1. DEFINITIONS
“Third-Party Providers” are independent third parties, including independent transportation providers, delivery partners, restaurants, logistics providers, and/or providers of other mobility services that use Mega Transfers – Zurich’s websites.
“Third-Party Services” includes, but is not limited to, services and goods in the areas of transportation, delivery, logistics, mobility, food or grocery and retail provided to you by independent Third-Party Providers, such as transportation services. These services are made available to you through the Website(s) Services, as defined below.
“Mega Transfers – Zurich” means Mega Transfers – Zurich, Langgenstrasse 16, 8184 Bachenbulach, Switzerland or one of its subsidiaries or affiliates (“we”, “us” or “our”).
“Mega Transfers – Zurich Names, Marks or Works” means the company names, logos, product or service names, product marks, service marks, trade dress, other proprietary markings or copyrights of Mega Transfers – Zurich or its licensor.
IV. TERMS AND CONDITIONS
1. Summary
1.1.1. These Terms govern your use of Mega Transfers – Zurich’s website. You must carefully read and accept these Terms before creating your customer account via Mega Transfers – Zurich’s website, Your acceptance of these Terms establishes a contractual relationship between you and Mega Transfers – Zurich. These Terms expressly supersede any prior agreements or arrangements between you and Mega Transfers – Zurich regarding the Website(s) Services (as defined below).
1.1.2. These Terms apply to the extent that they do not conflict with the Terms of Use and Additional Terms that apply specifically to Mega Transfers – Zurich’s website. You will be asked to agree to these types of terms separately.
1.1.3. Mega Transfers – Zurich acts as a technology platform for intermediation for Third-Party Services and as a service provider for the Services Provided by Mega Transfers – Zurich (see Section 4 below).
2. Website(s) Services
3. The services provided to you by Mega Transfers – Zurich include, but not limit the service to : Airport Transfers, Private Car Transfers, Corporate Travel Transfers, Sightseeing Service Transfers. The transfer service is the rental of a vehicle with a driver by land or sea and it is impossible to guarantee the exact transfer route. The maps on our websites are illustrations in this regard. While we will take all reasonable steps to adhere to arrival and departure times in accordance with the booking form and information provided on our website, all stated dates and durations are non-binding estimates.
3.1.1. Access to and use of Mega Transfers – Zurich’s website that allow you to request and receive Third-Party Services and/or Services Provided by Mega Transfers – Zurich; and Payment collection and processing services (including issuing invoices and receipts on behalf of Third Party Providers) that allow us to invoice and remit amounts paid to you to the Third Party Providers’ bank account for Third Party Services or to Mega Transfers – Zurich’s bank account for Mega Transfers – Zurich Provided Services (Mega Transfers – Zurich B.V. may have these services provided on its behalf by affiliates or other companies) third parties) (collectively, the “Website(s) Services”) These Terms govern your use of the Website(s) Services in Switzerland.
3.1.2. Unless otherwise agreed in writing, the Apps/Website(s) Services are made available to you solely for your personal, non-commercial use.
3.1.3. You may request and receive Third-Party Services or Services Provided by Mega Transfers – Zurich through Mega Transfers – Zurich’s website.
3.2. Third-Party Services
3.2.1. For Third-Party Services, Mega Transfers – Zurich acts as a technology platform to mediate between you and Third-Party Providers to enable Third-Party Providers to provide the Third-Party Services to you. Mega Transfers – Zurich does not provide Third-Party Services. All Third-Party Providers are commercial companies, independent third-party contractors, or other types of businesses and are not employed by Mega Transfers – Zurich.
3.2.2. When you are connected, online and in close proximity to Third Party Providers who are also connected to Mega Transfers – Zurich’s website, you will receive information about the Third-Party Services through Mega Transfers – Zurich’s website before you decide to make a request.
3.2.3. To the extent permitted by law, Third Party Providers (for Third Party Services) and Mega Transfers – Zurich (for Services Provided by Mega Transfers – Zurich) are free to decide whether to accept or reject a request.
3.2.4. For certain Third-Party Services, you may be required to agree to separate terms and conditions before using such Third-Party Services.
3.2.5. The Third Party Provider whose services you have requested may give you a rating. Third-Party Providers will see your rating in Mega Transfers – Zurich’s apps and/or websites and this rating may affect their decision whether or not to provide Third-Party Services to you.
3.2.6. In case of difficulties encountering the driver, call our Customer Support Department. If you do not do so but order an alternative transport service, we will be deemed to be completely relieved of any contractual, actual or legal obligation or liability to you. This includes your possible refund requests. If you are not at the place and at the time of the scheduled start of the service, nor do you arrive at that place within the next 30 minutes (60 minutes if the starting point is the airport), nor do you contact our office by phone, e-mail or do not answer any of the two phone calls from our office to the number you entered when booking, we will consider that you have not appeared (no-show) and charge you for all services you have ordered. In accordance with established business practice, digital records from our servers will be considered as proof of the time of telephone calls.
3.2.7. The vehicles shown on the page are illustrative in nature. We have the right to assign a larger vehicle or several vehicles of the same value to your transfer without prior notice.
3.2.8. You are responsible for checking the agreed pick-up time and ensuring arrival at the airport, station or port with sufficient time for check-in or other travel arrangements. The carrier will pick you up and leave you as close as possible to the given addresses. In case the access to the usual route is closed due to weather conditions, traffic accidents, etc., the carrier will, at your express request, use a longer route to reach the agreed destination, but in such cases, you will be responsible for any additional costs incurred if they occur. All contracted Services fall within the scope of public liability coverage of the Carrier’s Insurance Policy or the insurance of their subcontractor.
3.2.9. Although we strive to provide SMS with confirmation on request, this service depends on telephone networks that are beyond our control. If a text message is lost or delayed, the customer will refer to the information provided by email or in the My Booking section of our website.
3.2.10.
4. Booking Procedure
4.1. In order to use the Website(s) Services, you must register in Mega Transfers – Zurich’s website and create an account. At the time of registration, you must be eighteen (18) years of age or the age of legal majority in the country where you are registering, if it is not eighteen (18) years of age, unless the terms governing the specific Third-Party Service or the Service Provided by Mega Transfers – Zurich impose different age requirements.
4.2. By clicking or pressing the “Book” button on our website or by equivalent conclusion of the booking process by telephone, you accept these General Terms and Conditions in full. No other procedure or communication between the representatives of our company and you can be considered a reservation, nor does it apply to these General Terms and Conditions.
4.3. The obligation of our company to provide you with the service begins with the issuance of the Confirmation. Receipt of the Confirmation issued to you obliges you to pay for the service in accordance with the contents of the reservation. Digital records from our email servers will be considered proof that you have received the said Confirmation.
4.4. Upon receipt of the Confirmation, you are obliged to check the accuracy of all data. Although we undertake to make reasonable efforts to check airlines and their arrivals, the responsibility for their accuracy lies solely with you. Therefore, we cannot accept any responsibility for problems arising from incorrect or incorrect information in the reservation. We advise you to plan your departure at the airport at least 2 hours before the departure of your aircraft, to which should be added an estimate of the duration of the transfer (which you can make when booking, and after booking through My Reservation account) increased by 20% to avoid possible delays. For example, if the estimated duration of your transfer is 30 minutes, 20% of that is 6 minutes, so our advice would be to plan your departure to the airport 2 hours and 36 minutes before the departure of your flight.
4.5. Your obligation to us ends with the termination of the service or its cancellation. We recommend that you keep the Confirmation with you in print or in digital form for the duration of the service.
4.6. It is your sole responsibility to determine whether you meet the conditions for travel to the places listed in the booking form as well as possessing all necessary documents, certificates, etc. that you should disclose to various supervisors during travel and compliance with all local legal and other provisions.
4.7. You must provide us with certain personal information to register, including your telephone number and email address. To use the Website(s) Services, the Mega Transfers – Zurich Provided Services, or certain Third-Party Services, you may be required to provide at least one valid payment method (credit card, debit card, or other accepted payment method). You may be required to provide information, such as your address and additional documents before using certain Mega Transfers – Zurich Provided Services or Third Party Services.
4.8. You are not obligated to log in to or use Mega Transfers – Zurich’s website, nor are the Third Party Providers. If you choose to stop using Mega Transfers – Zurich’s website, you may do so without notifying us.
4.9. We may temporarily restrict your access to and use of the Website(s) Services in the event of serious indications of a breach of your obligations under the following sections : “Use of Website Services”; “Your Obligations”; “Fees and Payment” ; “Intellectual Property”, contained in these Terms, including when we receive a claim related to a fraudulent act, for the period necessary to verify the information relating to the alleged breach of the said obligations, which shall not exceed three (3) months. Mega Transfers – Zurich will notify you that a complaint is pending and, if applicable, that your access to and use of the Website(s) Services is temporarily restricted – except in the event that Mega Transfers – Zurich cannot lawfully disclose such information to you (e.g. in connection with a police investigation or judicial investigation). Mega Transfers – Zurich will also notify you when these restrictions are lifted.
5. Your obligations
5.1. When using the Website(s) Services, you must comply with all applicable legislation. You may only use the Website(s) Services for lawful purposes and for which they were designed, as set forth in these Terms. You must not misuse Mega Transfers – Zurich’s website or attempt to commit any act that is fraudulent against us or the Third Party Providers.
5.2. You must provide accurate and complete information when you register an account and when you use the Website(s) Services.
5.3. Your account is personal. It may not be rented or shared unless expressly authorized in writing by Mega Transfers – Zurich. Once you’ve created an account:
5.3.1. You may not register more than one account unless otherwise agreed in writing by us;
5.3.2. You may not allow third parties to use your account, or transfer your account to any third party;
5.3.3. You must ensure that your account information is accurate, complete, and up-to-date;
5.3.4. You must not disclose your confidential login information;
5.3.5. You must notify us immediately if you have reason to believe that anyone else knows your username or password or if you suspect that someone else is using your account.
5.4. You will be responsible for paying any fees that may be due as a result of the provision of Third Party Services or Mega Transfers – Zurich Provided Services requested through your account, unless the access to and use of your account is the result of force majeure, due to a third party exhibiting the characteristics of force majeure (example: hacking) or a breach by Mega Transfers – Zurich of its security obligation. In the event of a theft of a credit card or theft of bank information, you are required to notify your bank immediately in order to take the necessary steps.
5.5. You must not, in your use of the Website(s) Services, cause harm, nuisance or property damage, to the Third Party Provider, Mega Transfers – Zurich or any other person.
6. Fees and Payment
6.1. Website(s) Services Fees
6.1.1. You will not be charged for the use of the Website(s) Services. Subject to your prior and express consent, we reserve the right to introduce user fees. If you do not agree, you will no longer be able to access or use the Website(s) Services.
6.1.2. You may be offered specific features on Mega Transfers – Zurich’s website and, subject to your prior and express consent, may be charged to you. If you do not agree, you will not be able to access or use these specific features. These features may be subject to separate terms.
6.1.3. Fees for Third-Party Services and Services Provided by Mega Transfers – ZurichIf you make a solicitation through Mega Transfers – Zurich’s website, you agree to pay the applicable fees. You will be responsible for all fees related to your account under the conditions described in clause 6.4 above.
6.1.4. Depending on the Service Provided by Mega Transfers – Zurich or the Third-Party Service used, including where it is provided, the total amount of the fees relating to your request may be calculated and displayed on Mega Transfers – Zurich’s website before you confirm your order. Otherwise, in particular in the case of Transportation Services provided by Third Party Providers in certain cities (including taxis), the fees depend on your use of the Third Party Services or the Services provided by Mega Transfers – Zurich (e.g., time and/or distance travelled). In this case, the applicable price list will be communicated to you in the mobile applications and/or on Mega Transfers – Zurich’s websites before the order is confirmed. An estimate of these fees may be displayed in Mega Transfers – Zurich’s website for information purposes only.
6.1.5. You may be charged additional fees and/or penalties on the basis of supporting documents, as described in section 5.2.1, by the Third Party Providers as a result of your use or misuse of the Third Party Services (e.g. repair or cleaning costs) or by Mega Transfers – Zurich as a result of your use or misuse of the Mega Transfers – Zurich Provided Services.
6.1.6. If the Third-Party Services or the Services Provided by Mega Transfers – Zurich cannot be provided due to an act or inaction on your part (for example, if you are not present at the delivery location to receive a delivery) and after an unsuccessful attempt to contact Mega Transfers – Zurich or the Third-Party Provider (by telephone, email or notification on Mega Transfers – Zurich’s website), you may be charged all fees unless you can demonstrate that the Services provided could not be provided due to any act or inaction on your part.
6.1.7. Once the Third Party Service or the Mega Transfers – Zurich Provided Service has been provided, we may issue you an invoice directly or on behalf of the Third Party Provider, as applicable. The invoice will include VAT, if applicable.
6.2. General
6.2.1. For more information about fees and surcharges and/or penalties specific to each Third-Party Service or Service Provided by Mega Transfers – Zurich, please see the “support” section in the mobile applications and/or on Mega Transfers – Zurich’s websites (such as Help) or the relevant pages of our Mega Transfers – Zurich and Mega Transfers – Zurich Eats website(s).
6.2.2. Fees are subject to change in the Mega Transfers – Zurich’s website and such changes will apply to you subject to your prior and express consent (such changes will be communicated to you in advance by email or notification on the mobile applications and/or on Mega Transfers – Zurich’s websites). If you do not agree, you will no longer be able to use the Web Services.
6.2.3. Fees do not include gratuities. If applicable, you can tip either directly or through Mega Transfers – Zurich’s websites. We will collect tips paid through Mega Transfers – Zurich’s websites on your behalf and remit them in full to the recipients.
6.2.4. Unless otherwise agreed, all fees are due immediately after you have made your request and payment will be facilitated by Mega Transfers – Zurich using the preferred payment method linked to your account, after which Mega Transfers – Zurich will send you a receipt by email. If your primary payment method can’t be used, Mega Transfers – Zurich may use a secondary payment method if it’s available. If your payment method(s) are not available, we reserve the right to continue trying to get the payment.
6.2.5. Costs are inclusive of all taxes, including VAT.
7. BAGGAGE ALLOWANCE
7.1.1. When choosing a vehicle, it is mandatory to take into account the amount and size of luggage. Permitted luggage per seat is one piece of medium size (56cm * 45cm * 25cm) and one piece of hand luggage. For example, if you have chosen an 8-passenger / 8-seater vehicle for a 4-passenger transfer, you are allowed to bring 8 medium suitcases and 8 pieces of hand luggage.
7.1.2. For luggage of different dimensions, take into account the permitted amount of luggage and the number of passengers. If you cannot assess the appropriate vehicle for your transfer, please contact the Customer Support Department who will advise you on the most appropriate choice.
7.1.3. If due to the appearance of more passengers on the transfer than specified in the reservation or more luggage, it is not possible to use the selected vehicle, it is mandatory to contact the Customer Support Department who will try to provide the appropriate vehicle for your transfer at the appropriate new price. If you agree to the price difference, we will send you an amended Confirmation. If you cancel the transfer due to the above, your reservation is subject to cancellation conditions within the last 24 hours.
8. Waiting Time
8.1. The driver will be waiting for you at the place of departure at the time of transfer specified in the Confirmation. “Included” waiting time for departure on your transfer is 60 minutes if the place of departure is the airport, or 30 minutes for all other departure points. “Free” waiting time is calculated from the time specified in your reservation. In case your flight, train or boat arrives earlier, please wait until the time specified in the reservation. In case your flight is delayed, “free” time is added to the new landing time.
8.2. Additional waiting time must be requested by calling the Customer Support Department at the number provided in the Confirmation. It will be provided to you and confirmed by the Customer Support Department if it does not jeopardize the daily schedule of the Carrier. Additional waiting is charged per started hour from the time when the free waiting period expires and according to the following tariffs:
9. Cancellation
9.1. Except as otherwise set out below, you do have the right to cancel the request for Third-Party Services and Mega Transfers – Zurich Provided Services once it has been accepted, for the period of 24 hours of the time of acceptance. However, for certain Third-Party Services, Mega Transfers – Zurich or the Third-Party Provider may allow you to cancel the request, but you may be charged a cancellation fee.
10. License
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, and non-sublicensable license to install and/or use the Mega Transfers – Zurich website on your device, for your sole use and solely to enable you to access and use the information made available through the Mega Transfers – Zurich website. All rights not expressly granted herein are reserved by Mega Transfers – Zurich and Mega Transfers – Zurich’s licensors.
11. Intellectual property
We reserve all rights not expressly granted in these Terms. Our Website(s) Services, devices, and all data collected through Mega Transfers – Zurich’s website (including all intellectual property rights in any of the foregoing) are and remain our property or the property of our licensors. You may not do (and may not permit anyone else to do) any of the following: (a) license, sublicense, copy, modify, distribute, create, sell, resell, assign, or lease any portion of Mega Transfers – Zurich’s website; (b) reverse engineer or attempt to extract the source code of Mega Transfers – Zurich’s website, except as permitted by law; (c) run or cause to be run any program or script for the purpose of scraping, indexing, studying, or extracting data from any part of the Mobile Applications and/or Mega Transfers – Zurich’s websites or data; (d) use, display, or manipulate any Mega Transfers – Zurich Name, Mark, or Work for any purpose other than the use of Mega Transfers – Zurich’s mobile applications and/or services; (e) create or register (i) businesses, (ii) URLs, (iii) domain names, (iv) names or titles of software applications, or (v) social media handles or profiles that contain Mega Transfers – Zurich names, trademarks, or works or any similar or confusing trademarks, names, titles, or works; (f) use any Mega Transfers – Zurich Names, Trademarks, or Artwork as an image or wallpaper for your social media profile; (g) purchase keywords (including Google AdWords) that contain Mega Transfers – Zurich Names, Trademarks, or Works; or (h) request to register, reference, use, copy, and/or claim ownership of Mega Transfers – Zurich’s Names, Trademarks, or Works or any other similar or confusingly similar name, trademark, title, or work, in any manner and for any purpose, alone or in combination with other letters, punctuations, words, symbols, drawings, and/or other creative works, except as permitted by the limited license granted above.
12. Personal data
We collect, use, and disclose information from or about you as described in our Privacy Statement. Additional privacy statements may apply, including those of third-party controllers, for Services Provided by Mega Transfers – Zurich or Third-Party Services.
13. Your Responsibilities
You are responsible for any damages resulting from your violation of these Terms, your misuse of the Website(s) Services, or your violation of any legal provision or the rights of a third party. It is your responsibility to make and store the copies of the data available on your account that are necessary for you (e.g. invoices).
14. No Liability
The Website(s) Services may be subject to limitations, delays and/or other problems due to the use of the internet and electronic communications provided by a third party provider, the unforeseeable and insurmountable act of a third party or the occurrence of a force majeure event. The Website(s) Services may be subject to interruptions as part of maintenance that may impact your use of the services and for which you will be informed if necessary.
15. Limitation of Liability
15.1. Nothing in these Terms limits or excludes liability for death or personal injury caused by fault and liability for fraud or fraud, or modifies your rights as a consumer.
15.2. If you are acting as a consumer, you cannot be contractually liable for damages that were unforeseeable on the day the contract was concluded in connection with the use of the Website(s) Services.
15.3. FOR ALL USERS OF THE WEBSITE(S) SERVICES WHO ARE NOT ACTING IN THEIR CAPACITY AS CONSUMERS, WE SHALL NOT BE LIABLE FOR INDIRECT DAMAGES, INCLUDING: (I) LOSS OF PROFITS; (II) LOSS OF REVENUE; (III) LOSS OF AGREEMENTS OR CONTRACTS; (IV) LOSS OF EXPECTED SAVINGS; (V) LOSS OF DATA OR INFORMATION AND (VI) LOSS OF GOODWILL.
15.4. We are not liable for any delays or failures in performance resulting from force majeure.
15.5. FOR USERS OF THE WEBSITE(S) SERVICES WHO ARE NOT ACTING IN A CONSUMER CAPACITY, OUR TOTAL LIABILITY TO YOU FOR THE USE OF THE MOBILE APPLICATIONS AND/OR MEGA TRANSFERS – ZURICH’S WEBSITES (NOTWITHSTANDING ANY OTHER AGREEMENT BETWEEN US IN WHICH THE LIABILITY PROVISIONS ARE GOVERNED BY A SEPARATE AGREEMENT) WILL BE LIMITED TO FIVE HUNDRED EUROS (€500). WE FURTHER DISCLAIM ALL WARRANTIES AND LIABILITY FOR ANY ACT OR OMISSION BY YOU OR ANY THIRD PARTY.
15.6. Mega Transfers – Zurich undertakes to the consumer for the proper performance of the Website(s) Services. The Third-Party Service Provider is required to comply with the obligations arising from the provision of Third-Party Services and in particular the quality of the services (quality, adequacy). The consumer user is reminded that with regard to Third-Party Services, he or she enters into a contract directly with the Third-Party Service Provider.
15.7. Mega Transfers – Zurich shall not be liable in whole or in part in the event of non-performance or poor performance of the services when such non-performance or poor performance is attributable to you, or when such non-performance or poor performance results from an unforeseeable and insurmountable act of a third party unrelated to the provision of the services, or in the event of force majeure.
16. Termination
16.1. You are free at any time to use the Website(s) Services (if any) and you may terminate these Terms and the Website(s) Services by closing your account.
16.2. We may terminate these Terms and your access to the Website(s) Services by giving you prior written notice within a reasonable period of time if (i) you have breached these Terms or any legislation in connection with the Website(s) Services; or (ii) your behavior amounts to fraud (fraudulent activities may include, but are not limited to: misusing promotions or for purposes other than those intended; disputing charges for fraudulent or illegitimate reasons; creating duplicate accounts; providing false information or falsified documents). This notice does not apply (i) where Mega Transfers – Zurich is subject to a legal or regulatory obligation that requires us to terminate your use of the Website(s) Services without delay; or (ii) in the event of overriding security reasons relating to the protection of users of the Apps/Website(s) Services, in particular following a criminal complaint communicated to us.
16.3. You may, upon receipt of the notification, contact us in order to make your observations and complaints. Mega Transfers – Zurich will reinstate, in the event that you provide proof that the breach of your obligations results from the act of a third party presenting the criteria of force majeure or a case of force majeure, your access to the Website(s) Services.
16.4. Mega Transfers – Zurich may temporarily limit your access to the Website(s) Services, in the event of a suspected breach of your obligations, including where we receive a serious security complaint from a Third Party Provider or any other third party. In this case, we will ask you for any information that is useful to establish the facts. Please note that in certain circumstances we will not be able to provide you with information about the complaint, including where an investigation is ongoing (either by us or by a third party such as the police).
16.5. If we are unable to charge the payment method you have indicated to us for any fees you owe us, we will notify you immediately in writing and may suspend or terminate your access to the Website(s) Services until payment is made. You may, upon receipt of the information relating to the suspension or deletion of your access to the Website(s) Services, contact us in order to update your payment information or to make your observations and justifications so that we may, in the event that you provide proof that the failure to comply with your payment obligation is the result of a third party presenting the criteria of force majeure or a case of force majeure, and pay any amounts due, restore your access to the Website(s) Services.
16.6. You must promptly pay any remaining unpaid fees owed to Third Party Providers or Mega Transfers – Zurich upon termination. Such fees shall be due notwithstanding the termination hereof and we reserve the right to continue payment thereof after termination.
17. General
17.1. Mega Transfers – Zurich reserves the right to change these Terms. We will notify you of such changes by email before they become effective within a reasonable period of time. You will be bound by such changes once you accept them in the mobile applications and/or on Mega Transfers – Zurich’s websites and/or by email, as applicable. If you do not agree with these changes, you are free to close your account in accordance with clause 13.1.
17.2. In the event that any provision of these Terms is invalid, it is the intention of the parties that the remaining provisions of the Terms shall remain in full force and effect. If you use the Website(s) Services as a consumer, the validity and enforceability of the other clauses of these Terms will be decided by the judge who ruled on the nullity of said clause, in the event of the nullity of a clause of these Terms, if applicable. Any invalid, illegal or unenforceable clause will be deemed deleted.
17.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations under them, in whole or in part, without your prior consent, provided that this does not result in a reduction of your rights under these Terms or by law. You may not assign, subcontract, or transfer these Terms or any of our rights or obligations, in whole or in part, because your use of Mega Transfers – Zurich’s website is personal, unless otherwise agreed.
17.4. These Terms, together with any additional agreements relating to the provision of the Website(s) Services, constitute our entire agreement with you and supersede all prior agreements relating to your access to and use of the Website(s) Services.
17.5. You may be required to agree to additional terms to access or use the Website(s) Services. In the event of a conflict between these Terms and a separate agreement, the separate agreement shall govern, unless otherwise provided in the separate agreement.
17.6. No third party benefits from these Terms, except as provided in these Terms.
18. Dispute settlement procedure
18.1. Mega Transfers – Zurich provides you with customer service to handle most of your questions or requests relating to the use of the Website(s) Services. However, the distance selling contract for Third-Party Services is between the Third-Party Provider and you directly. Accordingly, any dispute regarding Third-Party Services will be settled directly between the Third-Party Provider and you.
18.2. Eligible consumers will be able to address complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here in accordance with Regulation (EU) No. 524/2013 of 21 May 2013. Mega Transfers – Zurich does not commit to using an online dispute resolution platform to resolve consumer disputes.
19. Applicable law and jurisdiction
These Terms shall be exclusively governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law rules, unless, if you are a resident of the EU, the consumer protection regulations of your country of residence contain provisions more advantageous to you, in which case such provisions shall apply. If you are a resident of Switzerland and are acting as a consumer, these Terms shall be exclusively governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law rules. The Vienna Convention on the International Sale of Goods of 1980 (CISG) is not applicable. You may bring legal action relating to the Services in a court of competent jurisdiction in Switzerland. If you are a resident of the EU and are acting as a consumer, you may also bring a lawsuit relating to the Services in the competent court in your country of residence. If you are a resident of Switzerland and are acting as a consumer, you may also bring a lawsuit relating to the Services in the competent court of your country of residence. If you are a resident of Switzerland or the EU, we can only bring legal action against you in your country of residence, unless you are acting as a professional, in which case you agree to submit to the exclusive jurisdiction of the Dutch courts.
By agreeing to these Terms, you agree to be bound by them.
