General Terms & Conditions Active Excursions

1. General

ARATOURS SA, trading as Switzerland-Tour (hereinafter referred to as the "Company"), presents to you the following Terms and Conditions. By confirming a travel service with switzerland-tour.com , you confirm that you have considered and accepted the General Terms and Conditions of our Company: The company is not liable for any errors or omissions that may occur. If you have any questions or concerns, please contact our customer service.

The Company may change the Terms and Conditions from time to time without notice. You should therefore check the latest version on our website switzerland-tour.com regularly. The company is committed to acting in good faith and doing everything in its power to ensure an enjoyable and safe journey that fully meets the customer's expectations.

2. Definitions

Company: ARATOURS SA, a public Swiss limited company, trading as Switzerland-tour.com

Driver-guide: Staff of the Company providing transfer services using a Vehicle.

Vehicle: Car, minivan, minibus, bus or any other means of transport that is requested by the client, acknowledged and confirmed by the Company that will be used to provide the transfer services.

Tour: The tour consists of a driving performance and an excursion part. The term is used to describe the entirety of the service offered by the company as well as the combination of the two parts (driving service and excursion). As a rule, a tour will consist of a combination of driving performance, excursion and a second driving performance.

Driving Service: The driving service is the part of the tour that is characterised by a driver taking the customer in a vehicle from the pick-up point to excursion point A and then from excursion point B to the drop-off point.

Excursion: The excursion is the part of the tour where the client undertakes an activity according to the description, which is not to be defined as a driving service by the company. Typical excursions can be hiking, river rafting, paragliding flights, canyoning, sledding etc.

Excursion location: Place or places where the excursion begins and ends. The place where the excursion starts is also called "excursion location A", the place where the excursion ends is called "excursion location B". The two excursion locations A and B can be identical in terms of location. If only excursion location is mentioned, all possible excursion locations are always meant if there are several excursion locations. In the case of a hike from point A to point B, point A is therefore excursion location A, point B excursion location B and both points together are the excursion location.

Pick-up Point: Place where the customer starts his tour.

Drop-off Point: Place where the customer ends his tour.

Partner: Company brought in by the company or external independent auxiliary person brought in. Partners are usually characterised by the fact that they have special expertise compared to the company and are better suited for the excursion as a guide than the company. For example, a partner can be an external certified hiking guide or a river rafting company certified according to RiskG.

Self-guided Tour: The excursion part of the tour takes place without a guide. The client makes the excursion independently and at their own risk. The Self-guided Tour can be a hiking tour. In the following, the terms "hike" or "hiking experience" will also be used for the excursion part of the Self-guided Tour. Theoretically, however, it is also conceivable that the excursion part consists of another activity for which the customer is responsible, for example, Stand-up paddling or sledding.

Guided Tour: The excursion part is accompanied by a guide. This guide can be a partner organization or an independent auxiliary person.

3. Booking

By booking a travel service through our company for a group, the client confirms that he/she is authorised to accept the company's terms and conditions on behalf of all persons named in the booking.

The client must check all the information in the booking summary and notify the company if any discrepancies are discovered in the information provided. It should be noted that subsequent changes to the booking may be subject to a charge or may not be possible (for more information, please see "Changes" and "Cancellations").

The client will receive a final booking confirmation after full payment has been made. With the booking confirmation, the client will receive all necessary travel documents.

4. Scope of these terms and conditions

The contract including these GTCs come into force as soon as the Company has confirmed your electronic or written booking request.

5. Prices

The company reserves the right to change the prices stated in our brochures and on our website if necessary: The client will be informed of the current price before the booking confirmation. The static prices for the tours can be found in CHF (Swiss Franc) currency on the official website switzerland-tour.com . The cost of the services can also be paid in Euro or USD, which can change due to exchange rate fluctuations.

It should be noted that for all tours the client is informed of the scope of services included in the price. If more than the mentioned services are needed, please contact our staff for a more customised price.

6. Rate Changes

The company reserves the right to change prices on the website, in brochures or leaflets.

7. Payment

Payment methods: The company accepts all common payment methods such as credit card (for security reasons, we send the customer a secure payment link so that CC data do not have to be provided online), bank transfer. By submitting the payment details, the customer assures that he/she is authorised to use the card and authorises the company to withdraw the amount.

Deposit payment: For tours, a deposit of at least 50% is mandatory (depending on the tour, your travel agent will inform you of the exact amount of the deposit). If the client does not make the payment within the given deadline, the company is entitled to cancel the upcoming tour and charge cancellation fees.

Final payment: The booking is only confirmed when the company has received full payment for the requested trip (the travel documents will be sent to you after the booking confirmation). In the event of late payment of the balance, we are entitled to cancel the service and charge cancellation fees.

8. Changes on Confirmed Tours

If the client wishes to make changes to a tour that has already been confirmed, he/she should inform the company in writing. It should be noted that the requested changes may incur administrative fees as well as additional costs with other service providers (local companies, transport companies, etc.). The company will do its best to accommodate the client's wishes and make the changes accordingly, but we regret that in some cases this may not always be possible.

Changes are required at least 48 hours before departure time for confirmed tours. In the special case of inclement weather, the client should have the right to choose the optional itinerary. The client has to inform the company as soon as possible in such a case.

However, it's important to note that this provision does not extend to guided tours, where the decision on the suitability of the weather for the excursion will be made by the guide or partner organization.

9. Cancellation and Rebooking

9.1 Cancellation and rebooking by the customer

In order to cancel tours that have already been confirmed, the client must inform the company in writing in advance.

If the client cancels a confirmed tour, the following fees will apply:

Unless stated separately below, the following fees apply:

• Cancellation more than 48 hours before the tour: 25 CHF administrative fee
• Cancellation 48 hours to 24 hours before the tour: 50%.
• Cancellation less than 24 hours before the tour or no-show: 100%.

Via Ferrata Mürren:

• Cancellation more than 33 days before the tour: 25 CHF administrative fee
• Cancellation less than 33 days before the tour: 400 CHF
• Cancellation less than 18 days before the tour: 600 CHF
• Cancellation less than 48 hours before the tour or no-show: 100% of the total price.

The start of the tour is always the date and time agreed in the booking confirmation for the pick-up at the pick-up point. If there are several confirmations for the same tour, the most recent one shall always be decisive.

9.2 Cancellation and rebooking by the Company

The Company reserves the right to cancel the trip or change to the optional itinerary in case of inclement weather or cancellation of the excursion through the Partner, due to inclement weather or not reaching the minimum number of participants required. In rare cases where we cancel the booking, the company will notify the client at the earliest opportunity and, at the company's option, either refund any monies paid in advance or attempt to offer the client an equivalent replacement for his tour.

10. Travel documents

The customer receives all travel documents after full payment and booking confirmation. The travel documents are sent to the customer in electronic form.

11. Visas and Passports

It is the client's responsibility to have a valid passport: It is recommended to have a passport that is valid for at least 6 months beyond the end of the trip and contains at least three blank pages.

The customer is responsible for obtaining and paying for all visas and other entry documents required by the laws and regulations of Switzerland.

The company cannot accept any liability for travellers who do not obtain a visa due to incorrect information.

12. Emergency Contact Details

All customers must provide the company with their emergency contact details so that we are able to contact friends or family members in an emergency.

13. Laws and Regulations

The Swiss legal system applies to these terms and conditions.

14. Liabilities

14.1 General Liability

The company is only liable in the event of intentional or grossly negligent contractual or non-contractual damage. The burden of proving fault lies with the customer in all cases. Any further liability (slight, medium negligence and causal liability) is excluded.

In the event of bodily injury or death, the company shall be liable to the extent provided by law, irrespective of paragraph 1.

Unless otherwise stipulated in the following clauses, the company shall be liable in accordance with clauses 14.1 to 14.3.

In particular, the company accepts no responsibility for missed connections of any kind (especially flight connections, but also train or bus connections, etc.).

The company does not guarantee access to all public attractions during a trip. As Switzerland is an attractive destination for tourists from all over the world, some attractions may be overcrowded.

14.2 Liability for auxiliary persons (substitutes and vicarious agents)

The company is entitled to involve third parties (substitutes and vicarious agents of any kind) for the performance of the contractual service. If the company transfers the entirety or parts of the contractual performance to third parties, the company shall not be liable for the actions or omissions of the third party.

14.3 Non-contractual liability (esp. under Art. 41 and Art. 55 OR)

Non-contractual claims for damages against the company are excluded insofar as the damage was not caused intentionally or by gross negligence on the part of the company or insofar as the damage did not occur in the form of bodily injury or death. This exclusion of liability applies both to the conduct of the company directly and to the conduct of the company as principal within the meaning of Art. 55 OR.

14.4 Liability for excursions

The company offers two different types of excursion models. In any case, the company is liable for the driving service in accordance with sections 14.1 to 14.3. The liability for the excursion part differs depending on the tour booked. The following two variants are possible:

14.4.1 a) Self-guided tour: Liability for the excursion part is governed by Clause 14.4.1

b) Guided Tour: Liability for the excursion part shall be governed by Clause 14.4.3

Self-guided Tour:

The excursion is designed as a self-guided experience and the client is solely responsible for the planning, navigation and execution of their excursion. There is no guidance or supervision by a guide, driver-guide or company during the excursion.

Assumption of Full Responsibility: The Client acknowledges and accepts that the Company is not responsible for any aspect of the excursion, including monitoring the weather forecast, route selection, safety precautions or any risks associated with the excursion. The client is fully responsible for his/her own actions and decisions during the excursion. The company disclaims all liability in respect of the excursion part of the tour.

14.4.3 Guided Tour:

The excursion is carried out by an external provider. The company declines all liability for the offers and services as well as any conduct or omission on the part of the partner. The company is only liable for damage during the excursion in accordance with clauses 14.1 to 14.3 above.

The customer undertakes to assert any claims for damages arising from the excursion part of the tour directly against the partner.

Assumption of responsibility :All excursions arranged by the company are at the client's own risk. The company assumes a considerable degree of personal responsibility on the part of each client. The client acknowledges that he/she is fundamentally responsible for his/her own actions, decisions and safety during the tour. While the partner may provide advice and assistance, the client retains full responsibility for his/her participation, including adherence to safety guidelines and physical well-being.

15. Dangers of the excursion/responsibility of the client

All tours offered by the company (whether in the form of a self-guided tour or a guided tour) involve a risk for the client that should not be underestimated. The excursions involve inherent risks, including but not limited to uneven terrain, steep slopes, wildlife encounters, unpredictable weather conditions, etc. The client is responsible for ensuring that the excursions are safe. It is the client's responsibility to ensure that he/she is fully aware of the specific risks before embarking on the tour.

The client understands and accepts these risks and voluntarily chooses to participate in the tour in full awareness of the potential dangers involved. In particular, the client is responsible for assessing their own physical fitness and health before participating in the tour as well as monitoring the weather forecast, to understand if weather will allow the certain activity. In case of inclement weather, the client should inform the company, so a change of itinerary can be made in advance. It is strongly recommended that the client consults a doctor if they have any pre-existing medical conditions or are in any doubt about their ability to complete the tour safely. The client should be prepared for physically demanding activities, including covering long distances and climbing steep terrain. The client will then only participate in activities that are compatible with their physical condition and in particular their health and fitness. The client is also responsible for appropriate equipment (clothing, footwear, sun protection, etc.).

The client acknowledges that it is his responsibility to take reasonable care of himself. If the client is travelling with persons for whom he/she has a duty of care or responsibility, he/she must look after them at all times and ensure their safety.

The client is advised to have their own travel and medical insurance to cover any injuries, accidents or losses that may occur during the tour. The company does not provide insurance cover for the client.

It is the Client's responsibility to provide complete and accurate information at the time of booking and to inform the Company of any change in information. The Client hereby authorises the Company to charge the Client's credit card for any damage caused by the client during the transfer. Parents or guardians (friends over 18 years of age) of children and young people under 18 years of age are responsible for the conduct of minors during the trip.

16. Privacy Policy

The company collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration at https://switzerland-tour.com.

17. Photographs and promotional material

The client acknowledges that photographs and videos may be taken during the tour for promotional and marketing purposes. The client agrees that his/her image and likeness may be used in such materials without compensation. It is the responsibility of the client to explicitly inform the company that any photo or video material in which he/she is visible may not be used.

18. Force Majeur

In the event of force majeure such as war, epidemics, natural disasters, military operations, etc., the effects and consequences of which cannot be reasonably mitigated or prevented, as well as delays and deviations caused, for example, by weather conditions (heavy rainfall, thunderstorms, etc.) or public services (changes in flight and train schedules), the Company reserves the right to cancel or modify the trip.

Subject to clauses 14.1 to 14.3, the Company shall not be liable for delays, changes or cancellations due to force majeure or other unforeseeable circumstances or circumstances beyond the control of the Service Provider, such as third party accidents on the route, police checks, terrorist attacks, extreme weather conditions, etc.

19. Dispute Settlement and Legal Venue

In the event of a dispute, the company and the customer shall use their best efforts to find an amicable solution. If the parties fail to reach such a solution, the dispute will be referred to an independent mediator. If the parties are unable to resolve the dispute with the assistance of the mediator, both the Company and the Customer reserve the right to resolve the dispute through formal legal proceedings. By accepting these Terms and Conditions, the Client agrees that the place of jurisdiction is Fribourg, Switzerland, before the Court of First Instance.

20. Final clauses

If parts of these General Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply mutatis mutandis in place of the invalid provisions.