General Terms and Conditions

The Fine Print (GTC – General Terms and Conditions)

 

These are the General Terms and Conditions (GTC) of hike.ch, Markus Glättli, Hiking Leader, with a Swiss Professional Certificate, 8820 Wädenswil, hereinafter referred to as "hike.ch".

 

1. Subject matter of the agreement

These General Terms and Conditions are based on the legal relationship between you and hike.ch and shall apply for all package tours offered under our proprietary name. For brokered services of third parties such as package tours of other car enterprises, travel organisers or individual services, such as airline tickets, general tickets, rental cars, hotel accommodations, etc., you are to enter into an agreement directly with these other companies and hike.ch is not a party to your contract.

 

2. Registration and payment

You may register in writing, verbally, by telephone, by fax or via electronic media (e-mail, Internet). When you press “place binding booking order” button, you make an offer to hike.ch to enter into a binding agreement. Hike.ch will process your registration within five working days, and you are bound to your registration during this period. With the implicit confirmation of your registration by hike.ch (declaration of acceptance), the agreement is concluded and these General Terms and Conditions become an integral component of the agreement. Following the confirmation, you will receive additional information about the booked offering.

Unless otherwise stated in the offer, all prices are per person in Swiss francs for customers residing in Switzerland.

When registering several people, these GTCs, in particular the conditions of participation and obligation to cooperate, shall apply for all participants. The person registering shall be responsible for the obligations of all participants as for his own; this also pertains to payment of the fees.

You can book half of a double room, provided that another participant registers for half of a double room as well. If this is not the case, your registration shall apply to a single room. Hike.ch will inform you accordingly. Your payment obligation is based on the booked activity/trip, including accommodation in a single room. The single-room price will only be invoiced if no half double room is available.

Hike.ch reserves the right to reject a registration without any explanation.

Upon receipt of the confirmation, an advance down payment of at least 30% of the total price must be paid within 20 days. The remainder must be remitted by 30 days prior to commencement of the trip. If you book less than 31 days before the trip/activity begins, the total amount shall be due immediately for payment. If the advance payment or the remainder is not paid in a timely manner, and is still not paid after the expiration of a short grace period, hike.ch may deem the agreement cancelled and demand the costs of cancellation as per Item 8.

The information and prices provided on the website at www.hike.ch and in other advertising media are not binding offers and are subject to change at any time. hike.ch will bring you up-to-date on any changes prior to the conclusion of the agreement.

If you should obtain informational material directly from service providers or obtain information in forums or on the Internet, etc. regarding the activity or trip, such sources of information do not comprise an obligation on the part of hike.ch

 

3. Participation requirements and obligations to cooperate

For all activities and/or tours, good health and equipment in accordance with the offer are required. The conditional and technical requirements as well as proper equipment as per the offer must be fulfilled. If a participant does not fulfil these requirements, hike.ch may exclude this participant from the event and/or trip. There will be no reimbursement for exclusion due to the reasons mentioned.

You shall be obligated to inform hike.ch about any health-related or other risks at the time of registration. Otherwise, it shall be assumed that you meet all of the conditions of participation and obligations to cooperate.

Please check your health and accident insurance for adequate insurance coverage. Only persons who are adequately insured against accidents or illness may participate in the activities and tours of hike.ch. The participant shall be solely responsible for checking on this matter. For activities or tours in other countries, the participant must ensure that the health and accident insurance will assume the reimbursement costs in the event of illness or accident.

Taking out cancellation insurance is recommended.

You will be taking part in a group activity and shall be obligated to fit into the group. This requires tolerance, an ability to adapt, and understanding for the different performance ability within the group. Follow the instructions of hike.ch and/or the hiking leader. If you should experience any difficulties, you must immediately inform hike.ch and/or the hiking leader See also Items 13 and 15.2.2 regarding this.

You are responsible for arriving at the agreed gathering place on time. You are also responsible for planning your own arrival, even if the public transportation schedules/timetables are indicated in the description of the activity/tour. These are intended to simplify your travel plans, but are not a component of the agreement.

 

4. Group size and minimum number of participants

Unless otherwise indicated, the minimum number of participants shall consist of four participants per hiking leader, although a different group size may be possible for individual offers. If the minimum number of participants is not reached, hike.ch reserves the right to cancel the trip or activity up to 2 days prior to the start for 1-day/weekend tours and up to 21 days prior to the start for tours of 3 or more days, without compensation. Any amounts already paid will be reimbursed, to the exclusion of further claims.

 

5. Services included in the price

The services included in the price can be found in the activity or trip offer. They generally include:

-       Tour organisation and management

-       Additional services as per the offer

 

6. Services not included in the price

The services of hike.ch can be found in the specification of services. The following services are not included in the price, unless they are expressly listed in the offer as included in the price.

-       Journey to and from the site and travel expenses during the tour

-      In-between meals, beverages

-       Material rentals

-       Insurance

-       Excursions and activities booked on site; these are offered and carried out by third-party companies (outside services). In these instances, hike.ch is not your contractual partner.

Special requests shall only comprise a component of the agreement when they have been unconditionally confirmed in writing by hike.ch.

Tips for drivers and trip leaders are not included in the prices of hike.ch. Tips are a voluntary, personal recognition for good service.

 

7. Material

Hike.ch can organise the materials that are required for the activity/tour for you, such as snowshoes, (telescopic) poles, avalanche transceivers, shovels, etc., provided that they are available. You must inform us of this on the application or by the date indicated by hike.ch in the correspondence.  The rental fee for the material will be invoiced in addition and must be remitted together with payment of the remainder (Item 2).

You must treat the rented materials carefully. You will be charged for any damage to or loss of the rented materials to the full extent.

 

8. Withdrawal by you

Should you withdraw from participation, hike.ch requests that you notify us immediately in writing (via regular mail or e-mail).The above-mentioned provisions shall be used for calculating the time periods.

Regardless of the time of your withdrawal, a processing fee of CHF 50.00 will be charged.

In addition to the processing fee, the following cancellation costs will be charged:

-       up to 30 days prior to the start of offer/tour: 15%

-       29 to 20 days prior to the start of offer/tour: 30%;

-       19 to 10 days prior to the start of offer/tour: 50%;

-       9 to 3 days  prior to the start of offer/tour: 80%

-       2 days prior to the start of offer/tour, no-show: 100%

The time at which your statement arrives at hike.ch during normal business hours shall be used for calculating the cancellation and/or change date; the next working day shall be used for Saturdays, Sundays and holidays. This provision shall also apply for notifications via e-mail, via the website, answering machine or fax machine of hike.ch or other electronic media.

The costs for the rented materials will be charged in full, regardless of the date of cancellation.

Airline tickets already booked and paid for by hike.ch in your name shall be charged to you in any case. The cancellation provisions of the booked airline company shall apply (this varies by airline company and booking class).The remaining amount to be reimbursed by hike.ch shall be calculated according to the above-mentioned calculation table.

If you have to cancel your trip, you can appoint a substitute traveller, who shall take over the trip under the same provisions and fulfil the conditions of participation and cooperation obligations. If this substitute traveller enters into the agreement, then you and he together shall be (jointly and severally) liable for payment of the entire price of the trip, the processing fee of hike.ch at a flat fee of CHF 50.00 plus any additional costs that may arise due to the rebooking. A condition for this is that the other companies involved in the trip (hotels, airline and shipping companies, etc.) likewise accept the change, which can fall through mainly due to airfare stipulations.

For day and weekend trips, a substitute traveller can be designated up to three working days before the activity or tour begins, and for tours and trips of three or more days, up to 7 working days prior to the start. The above-mentioned rules shall be used for calculating the time periods.

Hike.ch reserves the right to reject the designation of the substitute traveller and/or his/her entering into the agreement if the conditions of participation and cooperation conditions as per Item 3 are not met.

 

9. Programme changes, withdrawal by hike.ch prior to the start of the tour or activity

As a general rule, the activities/tours take place regardless of the weather. However, safety is a priority. Therefore, hike.ch reserves the right to change the programme before the activity/tour starts, if unforeseeable or unavoidable incidents such as natural events, events of force majeure (for example, natural catastrophes, epidemics, civil unrest), governmental measures of any kind, or strikes, etc. require cancellation. Hike.ch will provide information about any changes as soon as possible. You understand that the activities and tours take place outside in nature, and that changes are always possible. As long as the change does not alter the character or style of the activity/tour and/or trip, it is not a significant change to the agreement. If the change is significant and changes the character of the activity or tour, your right is based on Item 10 Section 3.

Hike.ch may cancel an activity or tour if an event of force majeure or other unforeseeable or unavoidable events such as natural phenomena, governmental measures of any kind, strikes, etc. make the conducting of the activity or tour considerably difficult, or impossible or dangerous. In this case, you have rights in accordance with Item 10 Section 3.

Hike.ch reserves the right to exclude you from participation in the activity or trip if there are reasonable grounds due to your behaviour or omissions/failures or a lack of proper equipment. In this case, you shall owe the processing fees and cancellation costs as per Item 8.

 

10. Rights in the event of significant changes to the agreement or price increases after the conclusion of the agreement

After the conclusion of the agreement, the prices may be increased for the following reasons:

a.    a subsequent increase in transport costs (increasing higher fuel surcharges);

b.    newly introduced or increased taxes or fees (such as airport taxes, land fees, embarkation and disembarkation fees, security fees, the introduction or increase of taxes and government duties, government-mandated price increases, etc.)

c.    changes to the exchange rate;

d.    government-mandated price increases (for example, value-added tax) or

e.    the conducting of small groups below the offered  minimum number of participants.

If the costs of these travel services increase, they may be passed on to you. The trip price will increase respectively. Price increases will be made and announced at least 3 weeks before the trip begins.

If the price increase amounts to more than 10 percent (based on the total price of the trip per person), or if a significant change to the agreement occurs or hike.ch cancels the trip according to Item 9 Section 2, you will have the following options: you can agree to the price increase and/or programme change, participate in a substitute trip suggested by hike.ch, or withdraw from the agreement. After receiving the notice from hike.ch, you must notify hike.ch via e-mail or regular mail within 5 days after receipt of the notice from hike.ch. Without your notification, hike.ch will assume that you accept the price increase and/or the programme change; in the event of a withdrawal from the agreement (with no substitute trip), hike.ch will reimburse you for the pre-paid trip price, to the exclusion of further claims.

 

11. Programme changes during the activity or tour, cancellation of the activity or tour

Since the activities and tours of hike.ch take place outdoors, changes to the services and programme may occur even with optimal planning, due to weather conditions, governmental orders, strikes, etc. In these cases, hike.ch shall make every effort, when possible, to offer a solution of equal value. Should this remedy result in excessive costs or disproportionate expense for hike.ch, then hike.ch may deny the remedy. Any additional costs shall be at the expense of the participants.

If changes to the programme and services or a failure in performance are caused by an event of force majeure, hike.ch may deny the remedy. Potential additional costs shall be at the expense of the travellers.

 

12. You begin the activity or tour, but cannot complete it / services not received

If you cancel the activity or tour prematurely or do not receive specific services, the costs of the activity or tour and/or the services not received cannot be reimbursed.

In critical cases, (for example, your own illness or accident) the hiking leader will assist you as much as possible in organising the premature return trip. You shall be responsible for any costs, such as transportation, etc. In this regard, you might also consider taking out insurance called ”insurance for return travel”, which is not included in the trip price.

 

13. Extraordinary termination during the activity or tour by hike.ch

Hike.ch reserves the right to terminate the agreement with you during the activity or tour if you endanger or consistently disrupt yourself, other participants or the success of the tour or activity due to your actions or omissions. This shall apply in particular if you do not have the suitable equipment, or the required state of health/fitness, or do not follow the instructions of the leaders, despite warnings. In these instances, the pre-paid fees will not be reimbursed. Any claims for damages on the part of hike.ch shall remain reserved.

Any costs of return travel to the starting point shall be at your expense. Claims for damages on your part are barred.

 

14. Complaints on your part and request for remedy

If the activity or tour does not correspond to the contractual agreement or if you suffer damages, then you are obligated to promptly make a complaint regarding this defect or damage to the guide, and request a remedy at no charge. You understand that the activities and tours take place outdoors in nature and that changes are always possible due to unforeseeable or unavoidable events, such as natural phenomena, events of force majeure (for example, natural catastrophes, epidemics, unrest), governmental measures of all kinds or strikes, etc. As long as the change does not alter the character of the activity, tour and/or trip, it does not concern a defect that justifies a remedy or reduction in the trip price.

If you are not satisfied with the remedy or damage repair, you must have this confirmed by your tour guide and report your claims to hike.ch together with your evidence within 4 weeks after the contractual activity or tour has come to an end. 

If you have not complained promptly about the defect and/or damage to the tour guide during the trip or if you do not report your claims within 4 weeks after the contractual end of the activity or tour, you forfeit all rights; that is, you lose all rights.

 

15. Liability

15.1     General

Within the scope of the provisions described below, hike.ch shall reimburse you for the value of the services that were agreed to but not rendered or poorly rendered, your additional expenses, the damages suffered, etc., provided that it was not possible for hike.ch or the tour leader or the service provider to provide an equivalent substitute performance while on location.

 

15.2 Limits of liability, liability exclusions

15.2.1 International conventions and national laws

If international conventions, laws based on international conventions or national laws contain limitations or exclusions of compensation for damages, etc. based on non-fulfilment or improper performance of a contract, hike.ch shall only be liable within the framework of such conventions and laws. The provisions listed below shall remain reserved, provided that more extensive liability limits or liability exclusions can be legally agreed upon.

15.2.2 Liability exclusions

Hike.ch shall not be liable to you if the non-fulfilment or improper fulfilment of the agreement can be traced back to the following reasons:

a.   failures on your part prior to or during the trip, in particular if you do not meet the conditions for participation or do not follow the instructions of the leader;

b.   unforeseeable or unavoidable failures of a third party who is not involved in rendering the contractually agreed services;

c.    an event of force majeure or an incident which hike.ch or the service provider could not foresee or avoid despite the required diligence.

In these instances, any liability for damages, liability for immaterial damages, damages based on frustration, compensation for self-remedy, etc. of hike.ch shall be barred.

 

15.2.3 Liability for damages during daily activities

Under the reservation of these General Terms and Conditions with further liability exclusions or limitations of liability, hike.ch shall be liable for daily activities in accordance with the legal provisions, whereas any liability for support persons is barred and any liability of hike.ch for minor culpability is barred.

Furthermore, Item 15.2.5 to 15.3 shall apply.

 

15.2.4 Liability for multiple-day tours and activities with overnight stays

a. Personal injuries

For personal injuries resulting from non-fulfilment or improper fulfilment of the agreement, hike.ch shall be liable within the scope of these General Terms and Conditions, the applicable international conventions, the laws based on the international convention, and national laws.

 

b. Other damages (material and property damages, etc.)

For other damages (for example, damages that are not personal injuries that arise from the non-fulfilment or the improper fulfilment of the agreement), the liability of hike.ch shall be limited to a maximum of twice the travel price/person per traveller, unless the damage was caused intentionally or with gross negligence; these General Terms and Conditions and the applicable international conventions, the laws based on international conventions, and the national laws with more extensive liability limits or liability exclusions shall remain reserved.

 

15.2.5 Wasted holiday time, lost holiday enjoyment, frustration damages

Hike.ch shall not be liable for wasted holiday time, lost holiday enjoyment, damages based on frustration, etc.

15.2.6 Valuable items, cash, credit cards, photo/video equipment, cell phones, etc.

Hike.ch would like to expressly point out that you alone are responsible for the safekeeping of valuable items, cash, credit cards, photo and video equipment, cell phones, etc.

When staying in hotels, valuable items, etc. are to be kept in the hotel safes. Under no circumstances may you leave these items unattended.

Hike.ch shall not be responsible for theft, loss, damage to or misuse of valuable items, photo and video equipment, cash, credit cards, cell phones, etc. that have gone missing.

 

15.2.7 Car, train, airline and ship schedules, etc.

Even with careful travel organisation, hike.ch cannot guarantee adherence to these schedules. Delays may occur as a result of heavy traffic, traffic jams, accidents, congestion at the airport, detours, delayed border clearance, etc. Hike.ch shall not be responsible in these instances. Hike.ch advises you emphatically to take into account possible delays when making your travel plans.

 

15.3 Special events during the trip 

Apart from the stipulated travel programme, under certain circumstances other local events or excursions may be booked. We cannot rule out the fact that such special events and excursions may involve risks. It is your responsibility to decide whether to participate in such events and excursions. These events and excursions are arranged by third-party companies (outside services). Hike.ch is not your contractual partner and is not liable in any way. These are outside services, even if you book them with a representative of hike.ch on site or a hike.ch hiking leader participates in them.

 

15.4 Non-contractual liability

Non-contractual liability is based on the respective legal provisions and international convention.

Daily activities:

Subject to additional limits of liability and/or liability exclusions in the applicable laws, laws based on international conventions and international conventions, any liability for support persons is barred, and any liability of hike.ch for minor is barred.

Multiple-day tours and activities with overnight stays:

For other damages (for example, damages that are not personal injuries),liability is always limited to twice the trip price/person per traveller, provided that international conventions, laws based on international conventions, national laws or these General Terms and Conditions do not provide for more extensive liability limits or liability exclusions for personal injuries and other damages.

 

15.5     Period of limitations

All claims shall be time-barred within one year after the contractual trip has ended. More abbreviated periods of limitation in the applicable international conventions, laws based on international conventions or national laws and/or longer periods of limitation that by contract cannot be altered shall remain reserved.

 

16. Entry requirements for tours and activities in foreign countries

If travel documents need to be issued or extended, or visas need to be obtained, you alone are responsible for this. If a travel document cannot be obtained or if it is issued too late and you therefore need to cancel the trip, the cancellation terms (Item X) shall apply. The travellers themselves shall be responsible for complying with the entry, health and foreign currency regulations. Prior to departure, please check whether you have the necessary documents on your person. Hike.ch would like to point out that you are responsible for the return travel costs in the event of any denial of entry.

 

17. Liability insurance of hike.ch

Hike.ch has liability insurance of CHF 10 million with Allianz Suisse Versicherungs-Gesellschaft AG, CH-8304 Wallisellen, UID: CHE-105.833.491.

 

18. Data protection

18.1 Your personal information

Hike.ch requires certain information from you and your co-travellers (such as first and last name, address, phone number, etc.) for the proper processing of contracts. Hike.ch is subject to the Swiss Federal Data Protection Act. Hike.ch is obligated to safeguard your personal information and store it in Switzerland.

 

18.2 Transfer to service providers and government agencies

Hike.ch will forward your personal information to its partners and service providers when necessary for processing the contracts. They may also be located in foreign countries, where data protection does not correspond to the Swiss standard in some circumstances.

Both hike.ch and its partners and service providers may be obligated, based on legal provisions or official directives, to forward information you provided to (foreign) authorities. This pertains mainly, but not exclusively, to hotel operators.

 

18.3 Personal information particularly in need of protection

Hike.ch may transmit personal information that is particularly in need of protection. Under certain circumstances, one's religious affiliation may be deduced based on a food request. Such information will generally be passed on to the partners and service providers for proper fulfilment of the agreement, or in some cases will be made known to government agencies based on legal obligations or official directives. By the fact that you provide such personal details, you expressly authorise hike.ch to use this information in accordance with this provision.

 

 

18.4 Information on offers/programmes of hike.ch

Hike.ch shall take the liberty to notify you of its programmes and trips in the future. A link can be found in the current newsletter; you can use such link to unsubscribe from the distribution list. You also have the option to cancel this service at hike.ch at any time via e-mail (info (at) hike.ch).

 

18.5 Website and communication via the hike.ch website

Certain data is collected from visitors to the hike.ch website in an anonymous form. You can find the respective data protection regulations at www.hike.ch/datenschutz.

When you request information from the hike.ch website, such data is stored as long as this is required by law. The same applies when you book an activity or trip using the website.

 

18.6 Enforcement of rights

Hike.ch shall reserve the right to forward your personal data to officials and third parties for the enforcement of the legitimate interests of hike.ch. The same shall apply for suspicion of a criminal offence.

 

18.7 Questions regarding data protection

If you have questions regarding data protection, wish to review the data stored at hike.ch, or wish to cancel the information service of hike.ch, please contact us at hike.ch, Speerstrasse 1, CH-8820 Wädenswil

 

19. Ombudsman

Prior to a judicial dispute, you should contact the independent ombudsman for the travel trade. The ombudsman shall strive to reach a fair and balanced agreement for any type of problem between you and hike.ch.

Here is the contact information:

Ombudsman der Schweizer Reisebranche (Ombudsman for the Swiss Travel Industry)
P.O. Box
CH-8038 Zürich
T: +41 (0)44 485 45 35
info@ombudsman-touristik.ch

 

20. Applicable law and place of jurisdiction

Swiss law exclusively applies. Wädenswil is agreed as the exclusive place of jurisdiction.

The above provision regarding applicable law and place of jurisdiction applies subject to provisions that by contract cannot be altered in applicable laws or international conventions.

 

 

In case of doubt the German version of the General Terms and Conditions shall be binding.

 

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