General Contract and Travel Conditions
1. Objective of the Contract
1.1 These general contract and travel conditions regulate the legal relationship between you and abenteuerreisen.ch GmbH, Switzerland
2. Contract Agreement
2.1 The contract comes into existence between you and Abenteuerreisen.ch GmbH, through unconditional acceptance when you write, telephone or make a personal application at the booking office. From that point on, you and Abenteuerreisen.ch GmbH are bound together under the rights and obligations of the contract (together with these general terms and conditions).
3. Services
3.1 Our services are shown on our website. Special requests from yourselves or additional agreements are only part of the contract, if they are confirmed in writing and unconditionally guaranteed by the booking office. The benefits of Abenteuerreisen.ch GmbH start on arrival at the airport in Copenhagen. You are personally responsible for the outbound journey and your timely arrival.
4. Prices and Payment Conditions
4.1 Prices
The prices for the travel arrangements are listed on the website. The prices for travel arrangements are, unless stated otherwise in the tender, per person in Euro. Price changes, see section 6.
4.2 The prices are net prices.
4.3 Down payment
Upon receipt of the booking confirmation the following down payment has to be made: EUR 2000. If you cancel, the down payment is not refundable.
4.4 Rest of the Payment
The payment for the rest of the travel price should be made no later than 60 days prior to departure. If payment is not received in time, Abenteuerreisen.ch GmbH may refuse the travel service and make claims for administration fees under clause 5.2.
4.5 Last Minute Bookings
If you book your trip less than 30 days before departure, then the full payment amount will be due immediately.
4.6 Discounts and Premiums
These are not cumulative.
4.7 Travel Documentation
Unless otherwise agreed, you documents will be sent to you upon receipt of your payment of the total invoiced amount, approximately 20 days prior to departure.
5. Change your registration, your itinerary or cannot travel (annulment)
5.1 General
If you cancel the trip (annul), request a change, or want to transfer the booked trip, you must notify your booking office personally or by e-mail. The travel documents that have already been received must be re-turned to the booking office at the same time.
5.2 Handling Fee
For cancellation, modification or postponement of a trip there is a fee of EUR 200 per person.
5.3.1 Annulment costs
The following cancellation cost will be levied: 120 – 61 days prior to departure: 25%, 60 – 31 days before departure: 50%, 30 – 8 days prior to departure: 75%, 7 – 0 days prior to departure: 100%. If a guest does not, is late or has insufficient travel documents for departure, 100% of the package price will be charged to them.
5.3.2 Special provisions for flight bookings
For the cancellation of a flight reservation, which is through Abenteuerreisen.ch GmbH, 100% cancellation charges apply, provided that they are levied by the airline.
5.4 Booked, but not yet paid services
For booked services, which have to be paid on arrival to the site, cancellation costs listed under clause 5.3 also apply.
5.5 Replacement Travellers
If you have to cancel your trip, you may designate replacement travellers. The replacement travellers must be prepared to enter into the existing conditions in the contract. The handling fee (see clause 5.2) and any arising costs are yours and the replacement travellers’ responsibility.
5.6 Cancellation Costs Insurance
A conclusion is essential if you have not already completed the equivalent insurance.
6. Program and Price Changes
6.1 Changes before signing of the contract
Abenteuerreisen.ch GmbH explicitly reserves the right to change information, specifications, prices on the website prior to your booking.
6.2 Price changes after signing of the contract
In exceptional case it is possible that the agreed price must be increased. Price increases may result from: a) the subsequent increase in transportation costs (including fuel surcharges), b) newly introduced or in-creased government taxes or fees (such as airport taxes, landing taxes, and disembarkation fees, etc.); c) changes in exchange rates or d) government-mandated price increases (e.g. VAT). e) small group, which are carried out under the prescribed minimum number of participants.
Increasing costs of travel services, can be passed on-to you. The tour price will increase accordingly. Abenteuerreisen.ch GmbH will make the price in-crease at least 30 days prior to departure. If the price increase is more than 10 % you will be entitle to the rights referred to in clause 6.4.
6.3 Program changes, changes, changes in the transport sector, after booking and before departure
Abenteuerreisen.ch GmbH also reserves the right, in your best interest, to change the travel program, or individually agreed services (such as accommodation, transport, means of transport, airlines, flight times, etc.) if unforeseen demand it or no other means is applicable. Abenteuerreisen.ch GmbH strives to offer you equivalent spare services. In particular Abenteuerreisen.ch GmbH cannot be held liable for changes in the tour program, which are caused by acts of god or official measures, for which, Abenteuerreisen.ch GmbH are not attributable.
6.4 Your rights when there are prices or program changes after signing the contract
If you a program change or modified individual agreed services causes a substantial change to a clause in the contract or if the price increase is more than 10 percent, then you have the right to withdraw from the contract within 5 days of receiving the our notification. You will get the price already paid immediately refunded.
7. Travel cancellation by Abenteuerreisen.ch GmbH
7.1 Cancellation for reasons that are your own
Abenteuerreisen.ch GmbH is entitled to cancel the trip if you have passed by or failed to complete certain actions. In this case, Abenteuerreisen.ch GmbH will pay back the price you have already paid; further claims are excluded. We reserve the right to cancellation charges and other damages in accordance with clause 5.2F.
7.2 Minimum Number of Participants
For all of the travel Abenteuerreisen.ch GmbH offers, a minimum number of participants applies.
7.3 Acts of God, Strikes
Events of acts of God (e.g. natural disasters, epidemics, riots), official measures, or strikes can cause Abenteuerreisen.ch GmbH to cancel the trip. In such a case, Abenteuerreisen.ch GmbH will orientate you as quickly as possible.
7.4 Travel cancellation by Abenteuerreisen.ch GmbH for other reasons
Abenteuerreisen.ch GmbH is entitled to cancel the trip for other reasons. If this happens, you will be informed as soon as possible.
8. You start your trip, but finish early
If for any reason you depart early, you then cannot be refunded the price of the travel package. Any unused services will be subject to a deduction of reasonable administration fee, refunded if you have not been charged by Abenteuerreisen.ch GmbH. In urgent cases (such as own illness or accident, serious illness or death of a relative) the service provider will be able to assist as much as possible in the organisation of early returns from Abenteuerreisen.ch GmbH trips.
9. If you have something to complain about
9.1 Complaints and Remedy Claims
If the trip does not meet the contractual agreement or if you suffer an injury, you are required to go to your Abenteuerreisen.ch GmbH travel guide, the local Abenteuerreisen.ch GmbH representative or the service provide immediately, if it is possible, the same day, to complain about this defect or damage and to request a free redress.
9.2 The guide or the service provider will endeavour to provide relief within 48 hours.
If no remedy is made within a reasonable time of the trip, such as if remedial action is not possible or if it is not enough, the alleged defects or damage must be confirmed in writing and the remedy of the guide or service provider must also be confirmed in writing. The guide or service provider is required to record the facts and your complaint in writing. But you are not entitled to recognise any claims for damages etc.
9.3 How to make your claim against Abenteuerreisen.ch GmbH
If you want to claim for defects, refunds or claims for damages against Abenteuerreisen.ch GmbH, you must submit your claim in writing within 30 days after return from your Abenteuerreisen.ch GmbH trip. Your complaint must give fair confirmation of the tour guide or the service provide and any other evidence.
10. Liability of Abenteuerreisen.ch GmbH
10.1 General
Abenteuerreisen.ch GmbH will reimburse the agreed value, however undelivered or poorly performed services or your additional expenses, are not the liability of the Abenteuerreisen.ch GmbH or the local Abenteuerreisen.ch GmbH representative, if the service provider is not able to provide an equivalent alternative on the spot (for the claim amount see clause 10.3.4).
10.2 Security
You practice your sport at your own risk. Abenteuerreisen.ch GmbH will accept no liability for any resulting injuries and / or physical damage. You are responsible for compliance with the respective local road traffic regulations, even if you are with a group whilst on the road.
10.3 Limitations of liability, disclaimers
10.3.1 International treaties and national laws
International treaties and national laws contain limitations on compensation for damage resulting from non-performance or breach thereof. Only to this extent in this very agreement can Abenteuerreisen.ch GmbH be held liable. International agreements and national laws of limitations of liability and disclaimers are, affect in particular in transportation (such as aviation, in ship-ping on the high seas and in rail transport).
10.3.2 Exclusions of Liability
Abenteuerreisen.ch GmbH will not be held liable if the failure to perform or not execute the contract properly falls under one of the following factors: a) negligence on your part before or during the trip, b) unforeseeable or unavoidable omissions by a third party or if for a contracted provision or service is not involved, c) unforeseeable or forestall acts of god conditions or an unforeseeable event with the broker or carrier service which, despite due care Abenteuerreisen.ch GmbH could not be foreseen. In such cases, Abenteuerreisen.ch GmbH is excluded from any liability for damages.
10.3.3 Personal injury, accidents and diseases
Abenteuerreisen.ch GmbH shall be liable for personal injury, death, physical injury and diseases, through the non-performance or non-fulfilment of the contract, except when the damage is inflicted by Abenteue-reisen.ch GmbH or its service provider. We reserve the right to follow international agreements and national laws (clause 11.3.1).
10.3.4 Property and financial damage
With property and financial damages arising from the non-fulfilment of the contract, the liability of Abenteuerreisen.ch GmbH shall be limited to a maximum of twice the cost of the package, unless the damage was caused intentionally or by gross negligence. We reserve the right to lower liability limits or exclusions of liability in international treaties and national laws.
10.3.5 Bus, rail, air and shipping schedules, etc.
Even with careful travel organisation, we cannot guarantee compliance with these schedules. Particularly due to the large volume of traffic jams, accidents, congestion at airports, diversion lines, delays customs clearance, delays, that can occur. In all these cases we are not liable.
10.4 Events and excursions during the tour
Outside of the agreed travel program, in certain circumstances, local events or excursions can be booked during the trip. It is not excluded, that such events are associated with risks. You are your own responsibility if you participate in these events and excursions. For events or trips that are hosted by Abenteuerreisen.ch GmbH, the present general con-tract and travel conditions apply. But Abenteuerreisen.ch GmbH is not your contractor, and you can-not rely on these general terms and conditions, if these events and excursions are organised by third parties and are only mediated by the tour guide.
11. Entry, visa and health regulations
11.1 If travel documents must be issued or renewed or a visa must be obtained, then you are personally responsible for this. If a travel document is not avail-ble or is issued late and therefore you have the cancel the trip, the annulation regulations are applicable (ac-cording to clause 5).
11.2 The travellers are responsible themselves for complying with entry, health and foreign exchange regulations. Check before departure yourself, if you are carrying all of the necessary documents.
11.3 Abenteuerreisen.ch GmbH would like to point out that you have to accept the return travel costs for any possible refusal. Abenteuerreisen.ch GmbH would also like to point out the legal consequences of prohibited goods and other banned imports.
12. Reconfirmation of airline tickets
When you are travelling unaccompanied, you are responsible for any reconfirmation of the return flight. For the necessary information, please refer to the travel documents. Missed reconfirmations can lead to a loss of transport claim and any additional costs will be at your own expense.
13. Travel guarantee
Our company is a participant of the guarantee fund for the Swiss travel industry and this guarantees and ensures your associated amounts paid when booking a package and also your return journey. Detailed information can be obtained from the booking office or at: www.star.ch.
14. Applicable law and jurisdiction
The Swiss law is applicable to the legal relationship between you and Abenteuerreisen.ch GmbH. Place of entitlement and jurisdiction is Zug. The invalidity of individual provisions of the travel contract does not in-validate the entire contract.
Organisation and implementation
Abenteuerreisen.ch GmbH, Rainstrasse 35a, 6314 Unterägeri