TERMS AND CONDITIONS
The booking of one or more travel services from Travelcoup Schweiz AG (hereinafter TCS) is based on the following conditions for package tours and individual tourist services (hereinafter "GTC"). You will therefore find both application on
• Package travel contracts,
• Contracts for pure overnight accommodation and accommodation services in hotels, holiday apartments and holiday homes (especially "hotel only"),
• Contracts for pure transport services such as in particular for flight services (in particular "flight only" as a charter flight, scheduled flight) or transfer services without further travel services as well
• Contracts for other individual tourist services such as in particular entrance tickets and excursions.
If individual provisions of these travel and payment conditions only apply to package tours or only to individual tourist services, you will be informed of this at the relevant point.
1. CONCLUSION OF CONTRACT
1.1 Conclusion of the contract
The service descriptions published by TCS (e.g. on the Internet or in travel brochures) are to be understood as an invitation to submit an offer (Art. 7 Para. 2 OR). The customer can book in person, by telephone, in writing (e.g. letter, e-mail, fax) or via the Internet. With the booking, the customer submits a binding offer to TCS to conclude a travel contract. The travel contract is concluded when the booking is accepted by TCS.
1.2 Contracting Parties
1.2.1 The travel contract is concluded between the customer and TCS. As a contractual partner of TCS, the customer is liable for all travel participants he registers for the trip. These terms and conditions are binding for all travel participants.
1.2.2 The contract between the customer and the third-party company is concluded when the services of third parties are merely mediated. In such cases, TCS is not a party to the contract and these GTC are not applicable.
1.3 Provisional reservation
Provisional reservations are possible for certain services. These do not constitute a travel contract and are non-binding for both parties.
2. TCS SERVICES
2.1 Scope of services
The scope of services is basically determined according to the information communicated by TCS in writing (e.g. by email, travel confirmation, invoice) as well as according to the service descriptions in the general publications of TCS (e.g. on the Internet or in travel brochures). In the event of unforeseen and unavoidable events or force majeure, such as war, strikes, natural disasters, withdrawal of landing rights, epidemics, pandemics and related official measures, the scope of services of TCS is limited or reduced. In the aforementioned cases, the service descriptions in the general publications of TCS are not binding. The customer is not entitled to a refund of the travel price in the case of limited or reduced service provision in the event of an unforeseen and unavoidable event (force majeure). Further compensation will be rejected.
In the event of contradictions, the information communicated in writing takes precedence. Special requests by the customer as well as subsequent ancillary agreements require express written confirmation from TCS in order to be valid.
2.2 Special case hotel facilities
The availability of the hotel facilities listed in the service descriptions (e.g. sports and wellness offers, conference rooms) cannot be guaranteed. Certain facilities may not be in close proximity to the accommodation and / or may be provided by third parties.
The travel price is determined primarily according to the information communicated by TCS in writing (e.g. by e-mail, travel confirmation, invoice) and subordinately according to the prices published in the general publications of TCS (e.g. on the Internet or in travel brochures). Unless otherwise stated, the prices are per person in Swiss francs (including VAT), with accommodation in a double room and for a maximum of 7 travelers. From 8 people the prices may vary.
The prices are cash prices. If the customer pays by credit card, the booking office can charge a surcharge. The prices valid at the time of booking are decisive. Trips over several price periods are calculated proportionally at the respective seasonal prices. The booking office fees for processing and reservation as well as any additional costs for the trip and on site (e.g. visa fees, tourism taxes) remain reserved.
3.2 Price increases
3.2.1 In the event of subsequent increases in the costs actually incurred, TCS reserves the right to increase the travel price accordingly after the conclusion of the contract, in particular for:
• Increase in transport costs (e.g. fuel surcharges)
• Newly introduced or increased taxes and / or charges (e.g. landing fees, increase in VAT)
• Changes in exchange rates
• Calculation and publication errors
3.2.2 Price increases can be asserted no later than 22 days before the planned start of the journey. If the price increase is more than 10% of the travel price, the customer is entitled to withdraw from the contract free of charge within 5 days of notification of the price increase. In this case, the customer is free to take a replacement trip if possible. If the substitute trip is of inferior value compared to the contractually agreed trip, the customer can demand compensation for the inferior value. Further claims for damages are excluded.
3.3 Terms of Payment
A deposit of 30% of the travel price is due 8 days after the conclusion of the contract. The remaining payment is due 60 days before the planned start of the journey. For online bookings in Swiss franc prices, the deposit is 100%. In the following cases, the entire travel price is due for payment when the contract is concluded:
• Conclusion of the contract less than 45 days before the planned
• Online bookings
• Trip with special conditions (e.g. special offers)
• Online bookings in Swiss franc prices
• Air tickets that must be issued immediately
3.4 Default in Payment
The above-mentioned payment dates are expiry days (Art. 102 Para. 2 OR). If payment is not made on time, the customer will be in default without a reminder. TCS is entitled to withdraw from the contract without setting a deadline and to refuse the travel service. In this case, the cancellation fees according to para. 4.1.2 owed. The travel documents will only be sent to the customer after the travel price has been paid in full.
4. WITHDRAWAL / TERMINATION
BY THE CUSTOMER
4.1 Withdrawal before the start of the journey
4.1.1 The customer can withdraw from the trip at any time before the start of the trip. The declaration of withdrawal must be made in writing. The withdrawal becomes binding as soon as it has been confirmed in writing by TCS. The relevant date for determining the following cancellation fees is the date on which the declaration of cancellation was sent to TCS.
4.1.2 The customer has to pay TCS - depending on the time of withdrawal - a flat-rate cancellation fee as well as a processing fee (Section 4.3). The amount of the fees is determined according to the relevant cancellation conditions (see appendix). The compensation amounts cover the presumed costs incurred by TCS and are appropriate against this background. The right to assert claims for damages beyond the flat-rate cancellation fee is reserved.
4.1.3 The following cases remain reserved:
• For flights, hotel services or offers from third-party providers, boat trips and the rental of passenger cars and motorhomes, the conditions of the respective service provider (e.g. airline, tour operator, shipping company) apply. The customer's attention is drawn to these conditions when the contract is concluded.
• If the FDFA and / or the BAG or a competent comparable public institution in the customer's country of residence expressly advises against a trip to the planned travel region, the customer only has to pay the processing fees (Section 4.3), any insurance premiums and visa expenses as well as the Pay verifiable expenses incurred by TCS.
• If a substitute suggested by the customer agrees to enter into the contract with all rights and obligations in place of the customer and to commence the journey under the agreed conditions, only the processing fees (Section 4.3) and any additional costs are owed in addition to the travel price . The replacement person must meet all travel requirements (e.g. legal or official requirements, visa requirements) and the change must be accepted by the service provider. The customer and the substitute person are jointly and severally liable for the payment of the price and for any additional costs.
• In the event of subsequent price increases, the customer has the right to withdraw from the contract in accordance with the provisions of no. 3.2 to.
4.2 Cancellation during the trip
If the customer cancels the contract in whole or in part during the trip, there is no entitlement to a refund of the travel price.
4.3 Processing Fees
In the event of withdrawal or termination by the customer, processing fees of CHF 100.– per person, but a maximum of CHF 200.– per order (based on the contractual relationship) will be charged.
5. WITHDRAWAL / TERMINATION
5.1 Material error
In the event of a material error in the conclusion of the contract, in particular in the case of calculation and / or publication errors in the travel price, TCS is entitled to withdraw from the contract. The customer is entitled to a refund of the payments made.
5.2 Failure to reach the minimum number of participants
If the minimum number of participants provided for a trip is not reached, TCS is entitled to withdraw from the contract no later than 14 days before the planned start of the trip. Any envisaged minimum number of participants will be announced to the customer in the booking confirmation sent. The customer is entitled to a refund of the payments made. Alternatively, the customer is free to take a substitute trip if possible. If the substitute trip is of inferior value compared to the contractually agreed trip, the customer can demand compensation for the inferior value. Further claims for damages are excluded.
5.3 Unpredictable or unavoidable circumstances prevent unpredictable or unavoidable circumstances (e.g. war, strike, natural disasters, withdrawal of landing rights, epidemics, pandemics and associated official measures) the planned implementation of the trip, TCS is entitled to withdraw from the contract or to withdraw from the contract to announce. If the contract is terminated before the start of the journey, the customer will be reimbursed the full travel price; no compensation for damages is possible. Alternatively, the customer is free to take a replacement trip if possible. If the substitute trip is of inferior value compared to the contractually agreed trip, the customer can demand compensation for the inferior value. In the event of cancellation after the start of the trip, claims for damages by the customer are excluded, in particular compensation for additional costs (e.g. flight or hotel costs).
If the customer or a travel participant under their responsibility makes it unreasonable for TCS to comply with the contract due to inappropriate behavior, TCS is entitled to withdraw from or terminate the contract. It is also considered inappropriate behavior if the state of health of the customer obviously does not meet the requirements listed in the service description or required in good faith. The customer has to pay the processing fees according to No. 4.3 as well as the flat rate cancellation fees according to para. 4.2.1 to pay.
6. CHANGE OF TRIP
6.1 Changes by the customer
6.1.1 After the conclusion of the contract, the customer is not entitled to changes to the content of the contract (rebooking). However, TCS endeavors to meet the customer's requests for rebooking if possible. If TCS rebooks at the customer's request, processing fees of CHF 100.– per person, up to a maximum of CHF 200.– per order, will apply in addition to any additional costs.
6.1.2 The request for rebooking must be made in writing. The rebooking becomes binding as soon as it has been confirmed in writing by TCS.
6.1.3 Any additional services already used (e.g. golf packages) will not be reimbursed. Services that have not yet been used (full packages) will be reimbursed less any service fees, provided that a written confirmation from the service provider is given to TCS and the services are not invoiced.
6.2 Changes by TCS and reservation of changes
6.2.1 TCS reserves the right to change its range of services at any time (subject to change). The tour operator
is particularly entitled to unilaterally change the published service offers (hotel, airline, travel route, price information) in their catalogs, internet etc. at any time.
6.2.2 If unforeseeable or unavoidable circumstances or force majeure (e.g. war, strikes, natural disasters, withdrawal of landing rights, epidemics, pandemics and related official measures) affect the planned implementation of the trip, TCS is entitled to change individual services ( e.g. accommodation, means of transport). This also applies to overbooking problems.
6.2.3 In the event of a significant change to an essential point of the contract, the customer is also entitled to withdraw from the contract free of charge within 5 days of notification of the change.
6.2.4 The customer is not entitled to the aforementioned claims if he or a travel participant under his responsibility makes compliance with the contract unreasonable for TCS due to inappropriate behavior. It is also considered inappropriate behavior if the state of health of the customer obviously does not meet the requirements listed in the service description or required in good faith. The right of TCS to subsequent price increases is also reserved (Section 3.2).
7. OBLIGATIONS TO COOPERATE
OF THE CUSTOMER
7.1 In addition to paying the travel price, the customer has the following duties to cooperate:
• The customer must immediately check the documents sent to him (eg invoice, travel confirmation, travel documents) for correctness and completeness, in particular for compliance with the booking, and immediately inform TCS in writing of any discrepancies.
• The customer is responsible for compliance with the relevant entry regulations (in particular with regard to the validity of the passport, obtaining visas, carrying out vaccinations).
• The customer is responsible for compliance with the check-in times (eg airport) and baggage regulations specified by the service provider. If the customer does not make the departure or departure too late (no-show), the travel price will not be refunded. The obligation to carry does not apply. If the customer misses the return flight, he must book another return flight at his own expense. This applies in particular to changes to the flight plan.
• In the event of pregnancy, the customer must find out about the transport conditions in advance and comply with them. In addition, the customer is obliged to inform TCS in writing of the pregnancy.
• With regard to the requirements of the planned trip, the customer must assess his own state of health and, if necessary, refrain from the trip.
7.2 If the customer violates his duty to cooperate, TCS accepts no liability (Section 9). Claims for compensation by the customer due to defects (Section 8) are not applicable.
8.1 Immediate complaint obligation
In the event of complaints during the trip, the customer must immediately notify the service provider and the local TCS representative, or, in the absence of these, the booking office. TCS tries to find suitable solutions. If no suitable solution can be found on site, the customer must obtain written confirmation from the service provider or the local representative (facts, list of defects). However, the service provider and the local representative are not authorized to recognize the customer's claims.
8.2 Claims for compensation by the customer
The customer has to submit his complaint together with the confirmation according to No. 8.1 to register with TCS in writing within 30 days of the end of the journey. If there is no notification and / or confirmation in accordance with No. 8.1 the customer is not entitled to any claims for compensation.
9.1 Scope of liability
TCS is liable to the customer for the proper fulfillment of the contract, in particular for the careful selection and monitoring of the service providers as well as the professional organization of the trip, unless the customer is insured for the damage.
9.2 Limitation of Liability and Disclaimers
9.2.1 Liability for all damage other than personal injury is limited to twice the travel price for each contract.
9.2.2 TCS is not liable if the non-performance or non-contractual performance of the travel contract is due to:
• Failures by the customer (e.g. failure to comply with entry requirements, non-transport due to pregnancy, criminal sanctions)
• Unpredictable or unavoidable omissions of third parties (e.g. delays by transport companies, strikes, disruptions in performance in the case of third-party services that are only mediated)
• Unpredictable or unavoidable circumstances or force majeure (e.g. war, natural disasters, withdrawal of landing rights, official orders, missing driving permits, epidemics and pandemics and related official measures)
• The restrictions on compensation provided for in international agreements in the event of damage arising from non-performance or non-performance of the contract in accordance with the contract remain reserved.
9.2.3 If the customer takes part in a replacement trip organized by TCS, the liability of TCS is limited to any reduction in value of the replacement trip compared to the contractually owed trip.
9.3 Assignment of claims for damages
If TCS compensates the customer for the damage caused by a service provider, the customer's claims for damages against the service provider are transferred to TCS.
10.1 Particulars regarding air and ship travel
At the request of the authorities of certain countries, it may be necessary to transmit specific data about the journey to and from these countries to these authorities for security and entry reasons. The customer authorizes TCS or the respective airline to transmit personal data about the customer as a passenger, so-called “Passenger Name Record (PNR)” data, to these authorities for these purposes, provided this information is available. This includes e.g. name, date of birth, full residential address, telephone numbers, information about other travelers, date of booking / ticket issue and intended travel date, all types of payment information, travel status and travel route, frequent flyer number, information about luggage, all PNR changes in the past. The customer acknowledges that this data can be transmitted to countries in which data protection does not correspond to the level of protection provided by Swiss data protection legislation. In the case of boat trips, the customer authorizes TCS or the respective shipping company to transmit this data.
11. APPLICABLE LAW
11.1 Swiss law is exclusively applicable to the contractual relationship between the customer and TCS.
11.2 Subject to mandatory statutory provisions, the place of jurisdiction is Sarnen.
12.1 Authoritative language
If there are differences in interpretation due to different formulations in the different language versions, the German version is decisive.
12.2 Ineffectiveness of a provision
Should one or more of the above provisions be or become ineffective, this shall not affect the validity of the remaining provisions.
The parties are free to call the ombudsman of the Swiss travel industry (www.ombudsmann-touristik.ch) in order to reach an out-of-court settlement prior to any legal dispute.
12.4 Travel Guarantee
TCS is a member of the guarantee fund for the Swiss travel industry.
TCS expressly recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness. If necessary, the customer will be advised by TCS. Withdrawal from the insurance contract is no longer possible after it has been concluded.
12.6 TCS can unilaterally amend the GTC at any time. The respective brands of TCS publish the current status of the terms and conditions electronically.
Appendix to point 4
Cancellation or termination by the customer
Cancellation of package tours with a charter flight, charter flight-only or hotel-only (hotel service without flight)
Up to 32 days before departure 30% (plus processing fee)
31-15 days before departure 50% (plus processing fee)
14-8 days before departure 80% (plus processing fee)
7-1 days before departure 100% on departure day (plus processing fee)
Cancellation of package tours with scheduled flights or low cost carriers
100% from booking date
*automatically translated - please refer to German for clarification