Terms and Definitions
The present terms and conditions that govern the legal relationship of the parties.
The gross fee for mediating the Service or the Accommodation, including the value added tax.
In the case of deferred payment, the part of the Fee determined by the Agent, which is a condition precedent to providing the mediation of the Service or Accommodation.
The Agent and the Customer.
The part of the Fee outstanding after the payment of the Advance.
Adrenalin Tours AG
Seat: Einsiedlerstrasse 21, 8834 Schindellegi, Switzerland
Company registry number: CH-130.3.024.369-6
Tax number: CHE-302.921.131
Account managing bank: CREDIT SUISSE AG
CHF bank account number: 0570-1436992-01
CHF bank account IBAN format: CH03 0483 5143 6992 0100 0
EUR bank account number: 0570-1436992-02
EUR bank account IBAN format: CH66 0483 5143 6992 0200 0
SWIFT / BIC: CRESCHZZ80A
Clearing number: 4835
Peter Muszely, director, independently
Telephone: +44 203 239 3008
E-mail address: firstname.lastname@example.org
Third person, other than the Agent, who orders a Service through the stagmadness.com or adrenalintours.ch websites.
Data sheet submitted by the Customer in the booking system operated by the Agent on any of the above websites, through the completion and submission of which the Customer may initiate establishing a legal relationship with the Agent.
Service for accommodation mediation: Any service for the mediation of any accommodation that is posted by the Agent on any of the above websites.
The service between Parties for the mediation of the Service or the Accommodation, the rules of which are governed by the present GTC and any specific rules of which are set out in the Confirmation sent by the Agent.
Any service posted by the Agent on any of the above websites, except the service for the mediation of accommodation.
The Service and the service for the mediation of Accommodation jointly.
Any person, other than the Agent, on the behalf of whom the Customer orders a service from the Agent through any of the websites listed above by indicating his/her name and data required by the Agent in the order.
Message sent by the Agent by electronic means pursuant to the Order Form, which creates a Contract.
Being a travel agent, the Agent provides its services pursuant to the present GTC and the law where the Company is established.
Constitution of the contract
The Agent offers services for sale on the websites indicated above.
The Customer selects the Service or service for the mediation of Accommodation of his/her like or the Services by filling the Order Form and sending it to the Agent.
A Contract between the Parties for the Service, the service for the mediation of Accommodation or the provision of Services is created when the Agent sends the Confirmation to the Customer’s electronic mailbox on the confirmation of the order included in the Order Form and the Customer pays the sum shown in the Confirmation in accordance with the Confirmation. Payment of money is not required for the constitution of the contract only and exclusively if the Agent specifically so provides in the Confirmation.
If the Customer provides incorrect data in the Order Form, he/she may request that the data is corrected by sending an electronic mail to the _ e-mail address, stating the incorrect data and the correct data to be included instead.
The language of the Contract is the language in which the Order Form and the Confirmation are filled.
The Contract is made between the Agent, the Customer and the Co-travellers, provided, that the Co-travellers will be represented by the Customer vis-á-vis the Agent throughout the duration of the relationship. Any reference in the Contract or the GTC to the Customer shall also include the Co-travellers.
The Contract is considered a written contract. The Agent shall store the Order Form and the Confirmation in its own system from the time of conclusion of the Contract. The Customer may request a copy at any time within 2 (two) years from the conclusion of the Contract.
2. Contractual obligations of the Agent after sending the Confirmation
In compliance with the present GTC and the law governing it, the Agent shall:
- perform what is set out in the Confirmation and enter into the contracts necessary for the performance of such content;
- supply additional information to the Customer regarding the content included in the Confirmation if the Customer so requests in writing. The Agent shall not be under liability with respect to the accuracy of the content of the information under this clause where it includes third-party information as well.
- inform the Customer about the rules of cancellation by referring to the present GTC
- give a short summary of the general conditions of entry and stay in the country of destination specified in the Confirmation. Obtaining any documentation and permits required for entry into the country of destination shall be the Customer’s responsibility at his/her cost, unless otherwise specified in the Confirmation.
Date of performance: the Agent shall perform the Services as set out in the Confirmation.
Place of performance: the place performance is the place indicated in the Confirmation or, if the Services shall be provided in multiple locations, the places specified for each Service in the Confirmation.
Method of performance: the Agent shall perform by making the Service or, in the case of multiple Services, all the Services available at the time and place specified in the Confirmation, which more specifically means that the Customer can start using the chosen Services if he/she appears at the time and place specified by the Agent.
The accommodation service and certain programme services are never provided by the Agent but a third party designated by the Agent, so the Agent may not be held liable for the impossibility of using the Services over which the Agent did not have control.
3. Costs, fees and terms of payment
The Agent publishes the Fees for the Service on its websites indicated above.
The Agent publishes the minimum participation number of each Service on the websites indicated above. For groups smaller than the minimum number indicated, the Services may be booked only and exclusively at the price specified by the Agent, which are usually priced higher than the Fees indicated on the website. In such cases, the Agent will send separate information about the amount of the Fee in the Confirmation.
Depending on the number shown in the Order Form, the Agent shall be entitled to modify the Fee until the Confirmation.
The Customer can pay the Advance and the Fee by bank transfer or any of the credit card payment interfaces or tools operated on the websites to the Agent by the date specified in the Confirmation. The Customer shall pay the amount of the Balance to the Agent by bank transfer or using any of the credit card payment interfaces or tools operated on the websites or on the date of arrival in the destination country.
Any ancillary costs of any payment shall be borne by the Customer.
If the Customer pays the Advance, the Fee or the Balance by using any bank card payment interface operated on the websites the 4 (four) percent administrative costs shall be borne by the Customer.
In all Contracts, the Advance, the Balance and the Fee shall be paid by the Customer or a person chosen by him/her for all Co-travellers.
Payment of the Advance, the Balance or the Fee by instalments is not possible, but these amounts shall be paid in one sum.
Regardless of the currencies indicated on the Agent’s websites, the Advance, the Balance and the Fee will be accounted in Euros at the exchange rate defined by the Agent.
The Agent shall issue and send the Customer the relevant invoice, taking into account the law governing it.
All prices include VAT. A deposit in the amount unilaterally specified by the Agent is payable upon booking, the amount of which shall be notified to the Customer in the Confirmation. The price is payable under the conditions specified by the Agent.
As regards any Services mediated by the Agent, the Agent will be involved in any dispute between the persons actually providing the service in question and the Customer only to the extent that the Agent provides all the information related to the mediated service, which is not a business secret, to the Customer.
The Agent shall not be held liable for the Customer vis-á-vis the provider or the Provider vis-á-vis the Customer.
The Customer may change the Order Form free of charge at the time until the Agent sends the Confirmation. In addition, the Customer may initiate a change of the Services or the number of participants in each of the Services free of charge by the start of the 14th day before the date of arrival in the destination country. In the case of a change by the Customer, the Agent issues a new Order Form, in which the prices of the individual Services and the discounts on them or potentially given on the entire amount may differ from those shown in the original Order Form to be changed. The change shall take effect when approved by both Parties at least by e-mail.
The Customer may notify a change request also at any time after the submission of the Confirmation by the Agent. In this case, the change request may only be considered accepted if the Agent sends another Confirmation.
In the case of fulfilling a change notified after the start of the 14th day before the date of arrival in the destination country, the Customer shall pay a change fee of 50 (fifty) Euros for each change. The Agent may expressly waive its claim for the fee under this paragraph.
In the unexpected event that the Agent is unable to arrange the Customer’s change request notified after the deadline set out in the present GTC (start of the 14th day before the date of arrival in the destination country) the original Contract shall continue in force and effect between the Parties, from which the Customer may withdraw but the Agent shall be entitled to keep the Advance, Balance or Fee already paid under the title of earnest money. In addition, the Customer shall pay the Agent, under the title of earnest money, all the Agent’s claims specified in the custom contract within 5 (five) calendars days of and in the manner stated in the notice to that effect.
The Agent reserves the right to make changes to the Contract at any time after the Confirmation, which does not have a substantive impact on the chosen Services, that is, the object of the Contract (e.g. type of accommodation or programme) remains unchanged. Any other change after the delivery of the Confirmation shall be subject to the Customer’s consent.
In the case of force majeure at the Customer’s seat or the place of performance, the Agent may change the Order without any compensation or the consent of the Customer.
6. Breach by the Customer
In the unexpected event that the Customer appears at any location at any time specified in the Confirmation with a delay of not less than 31 (thirty-one) minutes, the Agent may, from the 31st (thirty-first) minute, charge earnest money of 50 (fifty) Euros for every 30 (thirty) minutes commenced, which shall become due immediately. The Agent shall not be obliged to wait for the Customer for more than 40 minutes.
The Customer shall pay the Fee also in the case of late appearance or no-show and may not claim a refund in this case.
In the case of late appearance or no-show in the context of the mediation of accommodation, the Agent may claim additional expenses from the Customer, which will be detailed in the Confirmation.
7. Withdrawal and Cancellation
The Customer may withdraw from the Contract at any time by the planned time of arrival in the destination country, respectively, cancel the Contract after the planned time of arrival in the destination country with immediate effect and without providing a cause, subject to the legal consequences set out in the present GTC. In such cases, the Customer may not claim a refund and or make or enforce any other claim against the Agent under any legal title and shall pay any claim incurred by the Agent in relation to any breach under this paragraph at the demand of the Agent to that effect.
The Agent may withdraw from the Contract at the time by the planned time of arrival in the destination country, respectively cancel the Contract after the planned time of arrival in the destination country without giving any reason and with immediate effect. In such cases, the Agent shall refund the Customer the Fee already paid, unless the withdrawal or the cancellation if for reasons attributable to the Customer.
In the unexpected event that the withdrawal or cancellation is exercised by the Agent for reasons attributable to the Customer and the Agent incurs any claim against the Customer due to the withdrawal or cancellation (e.g. due to damage caused by the Customer), the Customer shall pay such amount at the Agent’s first written demand and by the due date stated in such demand.
In the case of withdrawal or cancellation in the context of the mediation of accommodation, the Intermediary may claim additional expenses from the Customer, which will be detailed in the Confirmation.
The Agent’s liability extends to the fulfilment of what is contained in the present GTC.
In the unexpected event that the Agent causes any contractual damage to the Customer during the performance of the Contract, the maximum amount of the damages, if any, shall be the net amount already paid by the Customer.
The Agent shall not be liable if any person other than the Agent or its staff causes any damage to the Customer during the performance of the Contract.
In particular, the Agent shall not be liable for the action or omission of any persons whose services are mediated by the Agent to the Customer and who actually arrange the individual programmes.
The Customer takes part in the programmes mediated by the Agent at his/her own risk and may not make or enforce any claims against the Agent under any legal title based on such participation.
In the case of mediation for the provision of Accommodation, the Agent shall not be liable for circumstances arising from the service quality rating differences of the Customer’s country and the destination country.
The Customer shall be directly responsible for any damage caused by the Customer.
The Customer may submit any potential claim related to the Services against the Agent within 1 (one) calendar month from the occurrence of the circumstance giving rise to the claim, provided, that such time limit shall be substantive, that is, a term of preclusion.
10. Choice of law
The relationship of the Agent and Customer shall be governed by the substantive and procedural rules of the courts of Schwyz canton in Switzerland.
The Zurich City Court or courts shall have jurisdiction and competence for judging any claims relating to any relationship affected by the present GTC.
In the unexpected event that any provision of the present GTC proves to be invalid, the validity or effect of the GTC as a whole shall not be affected and each provision of the present GTC is valid separately in itself.
During the relationship, the Agent and its employees, agent or other contributors under any legal title may make photos, video and sound recordings about the Customer.
The Agent shall be entitled to utilise such recordings in any form without any restriction or paying any extra consideration.
The rights and obligations arising from the Contract may not be transferred by the Customer to any third party, while the Agent may transfer the same.
The present GTC shall be considered reviewed and accepted by the Customer by sending an Order Form to the Agent. A custom contract between the Parties is created by the payment of the sum specified in the Confirmation to the Agent in any form, unless that Agent specifies any different time or condition with respect to the custom contract in the Confirmation.
The present GTC may be amended unilaterally by the Agent subject to the legal framework in force.
The Customer may request a copy of the present GTC or any amendment thereof by sending a letter to the Agent’s e-mail address.
The Agent is a part of the guarantee fund required from the industry in accordance with the relevant legislation and complies with the rules of the guarantee fund at all times.
Additional information on the guarantee fund is available on the Internet: http://www.reisegarantie.ch/.
Adrenalin Tours AG
Date of issue: 28.08.2017.
The effective date is the date of issue.