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The following terms and conditions regulate the privity between Heidi Swisstems GMB (subsequently "tour operator") and their contractual partners, as well as tour participants (subsequently "client(s)") in connection with all services, which are provided within the scope of full-day or half-day excursions and other tours/events (subsequently “tours”) operated by the tour operator. The present Terms and Conditions form an integral part of the respective individual contract. These Terms and Conditions are legally effective for contracts closed over the Internet as well.
2. Conclusion of contract / Booking
Bookings can be made through different distribution channels (Internet, travel agency, hotel, Tourist Information, etc.), by phone, via e-mail/fax or in person. The contract between the client and the tour operator is concluded with the unconditional reservation through one of the distribution channels above. Through the reservation, the client accepts these terms and conditions as binding.
3. Rates and conditions of payment
The tour rates can be seen from the effective price lists or confirmation of order. All rates are subject to the value-added tax (subsequently “VAT”). The rates on offers and confirmations are quoted including VAT. The published rates can be amended as per section 6. The tour rate has to be paid in advance.
4. Cancellations / Amendments
4.1 Regular Tours
- Up to 72 hours before the tour start, regular tours can be amended or cancelled free of charge.
- For cancellations less than 48 hours before the tour start, as well as for no-shows, the full tour rate will be charged.
- These terms of cancellations or amendments are also valid for bookings made less than 48 hours before tour start.
4.2 Private Tours
All cancellations must be made in writing (incl. fax or e-mail). The tour operator will issue an annulation confirmation. - For amendments or rescheduling after confirmation, the tour operator will charge a fee of CHF 90.00 per amendment. - For full or partial cancellations after confirmation, the following cancellation charges apply: Up to 30 days prior to tour start: CHF 150.00 per file 30 – 10 days prior to tour start: 30% of the total confirmed tour price 09 – 04 days prior to tour start: 50% of the total confirmed tour price 03 – 0 days prior to tour start: 100% of the total confirmed tour price In exceptional cases, other cancellation conditions may occur. These will be communicated to the client by the tour operator on the written confirmation.
5. Cancellations through the tour operator
In case the execution of the tour is jeopardized, considerably hindered or impossible due to force majeure, meteorological hazard, official measures, political disturbances or strikes, tours can be cancelled after evaluation through the tour operator. If the minimum of participants for regular tours (the minimum number of participants is up to Heidi Swisstems GMBH discretion) is not reached, the tour operator reserves the right to cancel the tour. The already paid tour price will be refunded. Further compensation claims are excluded.
6. Amendments of rates or services
The tour operator reserves the right to amend the agreed tour price, in case exceptional circumstances occur. Such exceptional circumstances can be:
- Price amendments of transportation companies
- Newly introduced or higher taxes, charges or fees
- Taxes or VAT imposed by the Swiss government Amendments of rates in case of exceptional circumstances will be advised at least 3 weeks before tour start. If the difference between the new and the initial rate is higher than 10%, the client has the right to either withdraw from the contract free of charge within 5 days after notice or to accept an alternative tour package at the same rate from the tour operator.
The tour operator reserves the right to change the tour program before the tour start.
In case an important provider is no longer able to provide its services, the tour operator is to offer an alternative solution. Any additional costs are borne by the client. The tour operator is obliged to inform the client immediately of changes in services or program. A rebooking or a free cancellation would be offered.
7. Terms of participation
The client undertakes to inform the tour operator of acute and serious health problems. It is not allowed to join a tour under drug and/or excessive alcohol influence. It is the duty of the client to comply with the terms and conditions and the instructions of the tour operator, its members of staff and the external management and rescue personnel, in particular the obligation to wear the seat belts or the use of child safety seats in accordance with applicable laws. In case the terms and conditions are not met by a client or a client did not follow the instructions, the tour operator reserves the right to exclude the client from the tour. When this exclusion is made prior to tour start, it is subject to the cancellation clause. If the disqualification occurs after the start of the tour, the client has no right for a refund of the tour price.
The client undertakes to follow the instructions of the tour guide regarding the itinerary and the continuation of the tour. If these instructions are not followed and the client is not present at the scheduled time of departure, the tour operator reserves the right to exclude the client from the tour after a wait of 5 minutes and continue the tour without the client. In this case, the client has no right for a refund of the tour price and has to pay for any additional costs (e.g. transport back to the starting point) himself.
The tour operator is liable for damages, except for personal injury, in maximum to the extent of the tour price, unless the tour operator has acted in willful misconduct or gross negligence, or except if caused by the client’s own fault. The tour operator will reimburse the client for the value of the contracted but not provided services or the additional expenditure only if the tour operator was not able to provide a suitable replacement service on the spot.
8.2 Disclaimer of liability
The tour operator is not liable for non-fulfillment of contractual obligations that are due to the negligence or breach of contract by clients (especially as stated in paragraph 7), force majeure, changes in the program due to the fact that the schedules of railroad-, bus, ship or transport companies, etc. have not been met. The tour operator will not accept any liability for loss of personal effects, cash, valuables, bikes, cameras, etc., theft, damage or misuse of checks and credit cards.
8.3 Liability at increased risk
The tour operator is limited to transport the client to the various mountains, or to organize the relevant transport. It remains for the client to decide how to spend the time at leisure on the mountains. Any activity is at own risk. The tour operator is not liable for accidents and puts every client at their own degree of responsibility: It is recommended to wear warm clothes and sunglasses. For hiking or other activities during the tour, solid footwear is required.
9. Exclusion of claims and limitation
Claims for non-delivery or non-performance of the services contract in accordance to the client are to be made in writing to the tour operator within 30 days after the contractually planned tour date. Claims received by the tour operator after this deadline cannot be accepted, unless the client is able to prove, that he has been innocently prevented from meeting the deadline.