General Conditions of Contract of Pure Switzerland
Tours & Guiding, Sibylle Stähelin, Interlaken, Switzerland
Area of Application
These General Conditions of Contract govern the relationship between the customers and Pure Switzerland – Tours & Guiding, Sibylle Stäheling, Switzerland, hereinafter referred to as Pure Switzerland. These General Condition of Contract take precedence over any terms and conditions of the customer.
These General Conditions of Contract apply to all bookings, regardless of whether they are made by Internet, phone, e-mail, Whatsapp or any other means of communication.
Descriptions on the Internet, individual travel proposals
Pure Switzerland has the right to change descriptions of tours and any other information on the Internet at any time and without prior notice. Individual travel proposals, descriptions on the Internet of possible tours do not oblige Pure Switzerland.
Content of Contract and Payment Conditions
Subject matter of contract is the booking confirmation of Pure Switzerland in connection with the individual travel proposal. The listed tour costs are per person.
Reservations should be made as early as possible to guarantee the desired departure date and tour of your choice.
Within 5 days upon receipt of our booking confirmation, a service fee of CHF 350.00 must be transferred to our bank account or payment to guarantee the booking and dates. In some cases, when part of the tour is booked with another Travel Agency or Tour Company, the deposit conditions of these partners can be adopted by Pure Switzerland.
The contract is only concluded after receipt of the service fee. If the service fee is not paid within the 5 days upon receipt of our booking confirmation no contract has been concluded and Pure Switzerland has no obligation towards the customer and can dispose of the free data at its own discretion.
The service fee will be deduced of the final payment. The final payment has to be done within 30 days after receipt of our booking confirmation.
Payments can be made directly via fare Harbour Booking Plattform by credit Card with a surcharge of 2.5% or by bank.
Changes of the booked tour by the customer before the tour starts
If the customer wants to change agreed services and/or the itinerary of the booked tour, he has to inform Pure Switzerland as soon as possible. Pure Switzerland strive to satisfy the customer’s wishes but can not guarantee to fulfill them. In case Pure Switzerland can satisfy the customer’s wishes Pure Switzerland will re-calculate the cost of the tour. In case the new tour is more expensive the customer has to pay the new price (received payments may be deducted from the new price). If the new tour is less expensive than the original tour, money will be reimboursed if within cancellation time…..????
In both cases the customer has to pay the cancelled services due to the change of the tour.
Cancellation of the tour by the customer:
In case of a cancellation of afixed day?? tour the cancellation fees are as follows:
- Before 30 days prior of the tour data: 10% of the total of the price
- 30 – 22 days prior of the tour date: 50 % of the total of the price
- 21 – 0 days prior of the tour date, no show: 100% of the total price, no refund.
If the terms of cancellation of the booked activities are stricter than the ones from Pure Switzerland they will be applicable in every case. (Special conditions may apply)
The date of receipt (Swiss time zone and office hours) of the notification is decisive for the calculation of the cancellation fees. This regulation applies also for notifications by e-mail, sms and any other means. In case the notification is received on a Saturday, Sunday or public holiday the next working day is decisive.
In some cases, when part of the tour is booked with another Travel Agency or Tour Company, the cancellation conditions of these partners can be adopted by Pure Switzerland.
In case of accident or sickness, the customer has to provide a medical certificate to prove that the booked person cannot join the tour. With a medical certificate, 75% of the tour fee will be [besprechen] refunded if cancelled 14days prior. Afterwards no refund.
Changes of the booked tour by Pure Switzerland
Pure Switzerland reserves the right to change the itinerary, route or single services if objective circumstances occur and this change becomes necessary. Such circumstances may be natural events, traffic conditions, official orders …….. In this case Pure Switzerland will search for an adequate alternative solution. The customer acknowledges that snowfall is also possible in summer and that roads or passes are closed.
If necessary changes lead to higher or new expenses, the customer has to pay these costs.
Cancellation of the tour by Pure Switzerland:
If the final payment is not received on time, Pure Switzerland has to right to consider this omission as a cancellation of the booked tour by the customer and charge the cancellation fee or may stick to the contract. Pure Switzerland will inform the customer in due course.
In cases of force majeure or under circumstances that make the journey impossible or unsafe, Pure Switzerland will reimburse the paid amounts to the extent to which Pure Switzerland will not be charged for the cancelled services imposed by contracted hotels, travel agents, tour companies, etc. excluding further claims (Special conditions may be noted on an offer.)
A minimum number of participants may be required for specific programs (see description). Should the required number of participants not sign up for a given program, the organizer reserves the right to cancel the contract on short notice (X days prior to departure) = Ausschreibung. If the fulfillment of a contract is not possible at another time or if the customer cannot take part in the alternative services offered, any paid fees will be refunded minus charges for services rendered [? Das it vor Abreise?]. Further damage claims are not possible.
No shows or late arrival of the customer
It is in the responsibility to show up at the agreed place and agreed time. If the customer doesn’t show up at the agreed place or the agreed time, Pure Switzerland is not responsible if the customer misses the tour. In case the customer informs Pure Switzerland about his late arrival Pure Switzerland will wait for the customer and if necessary adapt the agreed program to the new circumstances. Services not rendered are to be paid for in full and new services are at the expense of the customer. If the customer does not inform Pure Switzerland about his late arrival, Pure Switzerland will wait for an estimated time and if possible tries to contact the customer. After a reasonable waiting time Pure Switzerland can freely dispose of the time. However, Pure Switzerland will be entitled to charge the full amount of the booked tour.
Changes of the program or services during the tour
In case the customer wants to change the itinerary, route or services during the tour Pure Switzerland will comply with this wish if possible. Services not used, new services and longer trips,etc. are to be paid fully by the customer.
Pure Switzerland reserves the right to change the itinerary, route or services in case of weather conditions, traffic volume, official orders or any other condition that makes a program change necessary. New services etc. are to be paid for in full, unused services will be repaid, if the service provider does not charge Pure Switzerland.
Entry regulations for Switzerland
The customers themselves are responsible for obtaining the necessary personal documents (passport, visa, etc.), if they enter Switzerland from abroad. The same applies if the booked tours leads abroad. Pure Switzerland recommends to the customers to inquire about entry regulations with the responsible authority in good time.
Liability of Pure Switzerland
Pure Switzerland is liable within the framework of Swiss law. Subject to mandatory legal provisions, Pure Switzerland shall not be liable for slight negligence in case of personal injury, death, material damage, financial loss or any other damage. Pure Switzerland is not liable under any legal title for any damage caused by service providers.
Pure Switzerland shall not be liable for any punitive damage or any similar penalty.
The non-contractual liability and the quasi-contractual liability cannot establish any further liability as stated in para 1 and 2 of this chapter and is subject to the same disclaimers and limitations of liability as stated in these General Conditions of contract. Versteh ich nicht ganz
The period of limitation is one year beginning with the contractual end of the last service subject to longer periods of limitations which are not contractually modifiable or shorter legal periods of limitation.
Only Swiss law is applicable and any referral back to a foreign law is excluded. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Exclusive place of jurisdiction is Interlaken, Switzerland.
The participants are not insured by the organizer. The participants are obliged to provide their own health and accident insurance coverage for the planned activity (including sport coverage).