General Terms and Conditions - Summary "Activities"
These General Terms and Conditions govern the relationship between
Forellensee Gastro AG, CH-3770 Zweisimmen [Organizer]
and
the orderers, customers, guests [customers]
Preamble
The GTC listed below are based on the German version. In the event of legal questions, ambiguities or translation errors, only the German version shall apply.
These General Terms and Conditions form an excerpt from the complete General Terms and Conditions, which also include the location rental. This "short version for activities" is limited to the activities offered by the organiser, in/around/on and outside the Forellensee area.
Conclusion of contract
With the oral or written registration or booking by the customer, which can be made at Forellensee AG (hereinafter referred to as the organizer) or one of its sales outlets, a binding contract is concluded between the customer and the organizer. By booking, the customer acknowledges these general terms and conditions as part of the contract between him and the organizer.
Subject matter of the contract
The organizer undertakes to provide the service requested by the customer within the scope of the invitations to tender and/or the order confirmation. Service extensions can be taken into account after consultation with the organizer. Any additional costs shall be borne by the customer.
rates
The current prices of the offered events can be found in the current announcements of the organizer. The prices in the brochure are per person in Swiss francs including VAT. Prices are subject to change without notice.
terms of payment
The booked events are to be paid before the start of the activity as follows:
Deposit of 50 % of the total price of the booked event, but at least CHF 50.
Balance to be paid on the day of the event at the latest.
For bookings received by the organiser more than 30 days before the activity or by individuals, the entire invoice amount must be paid at the time the contract is concluded.
Failure to make payments in time entitles the organizer to refuse performance or to withdraw from the contract. Cancellation costs resulting from this will be invoiced to the customer in accordance with section 5 below. The number of participants reported at the time of withdrawal from the contract or refusal to perform shall serve as the basis.
Cancellation or amendment of the contract by the customer
Cancellations of contracts must be made in writing. These are only valid after consultation with the organizer and her consent. All documents already received (confirmations, tickets, tickets, vouchers, etc.) must be enclosed.
In the event of a complete cancellation, the following shares of the total costs of the booked event will be invoiced to the customer:
For group bookings (more than 8 participants):
20 - 10 days before the activity: 30 %.
9 - 2 days before the activity: 75 %.
1 day before the activity or no-show: 100 %.
For individuals (up to 8 participants):
from 2 days before the activity: 100%.
In the case of third-party services, the cancellation conditions of the respective service provider shall apply. Any costs incurred in this respect may be invoiced additionally.
In the event of a partial cancellation of group reservations (reduction of the number of participants), the contracting party will be invoiced the following shares of the total costs of the booked event per person:
9 - 3 days before the activity: 30 %.
2 days or less before the activity: 100
In the event of late commencement or premature departure from the event by the customer, no claim for reimbursement shall arise. Additional costs incurred due to late commencement, premature departure or postponement of the event shall be borne by the customer. If the event is postponed until 30 days before the start of the activity, the organizer may charge a handling fee of 10% of the total costs of the booked event per person. Postponements made less than 30 days before the start of the activity will be invoiced according to the above cancellation conditions or according to the actual costs incurred.
Cancellation or changes of contract by the organizer
A minimum number of participants is required for various events. The organizer reserves the right to withdraw from the contract even at short notice. If performance of the contract is not possible at another time, or if the customer cannot claim the compensation offered to him, the payments already made will be reimbursed, less the services already claimed. Further claims for compensation are excluded. The event can also be cancelled by the organizer at short notice if participants' conduct, omissions or other actions give rise to the organizer's decision to cancel the event.
If an event or parts thereof cannot take place due to force majeure, safety concerns of the organizer, official measures, strike or uncertain weather and natural conditions, the organizer is entitled to cancel or cancel the event even at short notice. Payments made will be reimbursed after deduction of the services already used, expenses and the processing fee. It should be noted that risk-free processing is in everyone's interest. Decisions of the activity leaders are final. We expressly reserve the right to make changes to the event. The organiser shall endeavour to provide equivalent compensation.
Conditions of Participation, Obligations of Participants to Cooperate
Good health is a prerequisite for all activities. The participants undertake to inform the organizer about any health problems. Participants must not under any circumstances be under the influence of drugs, alcohol or psychotropic drugs and the like.
The participant undertakes to comply with the conditions of participation and to strictly follow the instructions of the organizer, instructors and assistants. The organizer can exclude the participant from the activity if the conditions of participation are not fulfilled or the instructions are not followed.
assertion
Participants are not insured by the organizer. Each participant is responsible for sufficient health and non-occupational accident insurance cover (including sports accidents).
objections
If the customer has cause for complaint or suffers damage, these must be notified immediately in writing to the activity manager or service provider and confirmed. However, the activity manager or service provider is not entitled to acknowledge claims, which is why such confirmation does not have the effect of acknowledging debt. The activity leader or service provider will endeavour to remedy the situation within the framework of the event and the possibilities. If no or insufficient remedy is provided or if the customer wishes to assert claims for damages, the claims must be submitted in writing to the booking office, for the attention of the organiser, within 4 weeks after the contractual end of the activity. The complaint must be accompanied by the confirmation of the activity manager or service provider and any evidence. In the event of a delayed or omitted complaint during the activity or delayed submission of the claim to the accounting office, all claims shall lapse.
adherence
Claims for damages against the organizer or her instructors and assistants are excluded, unless the damage was caused by intent or gross negligence. The organizer is entitled to call in instructors and assistants / third parties for the provision of services. If the organizer legitimately transfers the execution to a third party, the organizer shall not be liable for its action and omission. In particular, the organizer is not liable for damages caused by acts and omissions of the activity leader which are not in connection with the provision of contractually agreed services, due to acts of third parties, other participants, the participant (in particular number 1), force majeure, natural events, official orders etc. or due to late return home.
If a participant does not follow the instructions of the organizer, activity leader, etc., the organizer shall not be liable in any way.
Applicable law and place of jurisdiction
The contractual relationship shall be governed exclusively by Swiss law, to the exclusion of international agreements. Exclusive place of jurisdiction for all transactions carried out in connection with the exercise by the organizer is the place of jurisdiction of the municipality of CH-3770 Zweisimmen.
However, the organizer is also entitled to assert its claims at the customer's place of residence or registered office at its own discretion.
Salvatoric Clause
Should one or more provisions of these General Terms and Conditions be or become invalid and/or incomplete, a legally valid provision that comes as close as possible to the invalid and/or incomplete provision shall replace the invalid and/or incomplete provision. The invalidity and/or incompleteness of one provision shall not affect the validity of the other provisions.
Approved by the Executive Board/June 2018
Forellensee Gastro AG
Forellensee Gastro AG, CH-3770 Zweisimmen [Organizer]
and
the orderers, customers, guests [customers]
Preamble
The GTC listed below are based on the German version. In the event of legal questions, ambiguities or translation errors, only the German version shall apply.
These General Terms and Conditions form an excerpt from the complete General Terms and Conditions, which also include the location rental. This "short version for activities" is limited to the activities offered by the organiser, in/around/on and outside the Forellensee area.
Conclusion of contract
With the oral or written registration or booking by the customer, which can be made at Forellensee AG (hereinafter referred to as the organizer) or one of its sales outlets, a binding contract is concluded between the customer and the organizer. By booking, the customer acknowledges these general terms and conditions as part of the contract between him and the organizer.
Subject matter of the contract
The organizer undertakes to provide the service requested by the customer within the scope of the invitations to tender and/or the order confirmation. Service extensions can be taken into account after consultation with the organizer. Any additional costs shall be borne by the customer.
rates
The current prices of the offered events can be found in the current announcements of the organizer. The prices in the brochure are per person in Swiss francs including VAT. Prices are subject to change without notice.
terms of payment
The booked events are to be paid before the start of the activity as follows:
Deposit of 50 % of the total price of the booked event, but at least CHF 50.
Balance to be paid on the day of the event at the latest.
For bookings received by the organiser more than 30 days before the activity or by individuals, the entire invoice amount must be paid at the time the contract is concluded.
Failure to make payments in time entitles the organizer to refuse performance or to withdraw from the contract. Cancellation costs resulting from this will be invoiced to the customer in accordance with section 5 below. The number of participants reported at the time of withdrawal from the contract or refusal to perform shall serve as the basis.
Cancellation or amendment of the contract by the customer
Cancellations of contracts must be made in writing. These are only valid after consultation with the organizer and her consent. All documents already received (confirmations, tickets, tickets, vouchers, etc.) must be enclosed.
In the event of a complete cancellation, the following shares of the total costs of the booked event will be invoiced to the customer:
For group bookings (more than 8 participants):
20 - 10 days before the activity: 30 %.
9 - 2 days before the activity: 75 %.
1 day before the activity or no-show: 100 %.
For individuals (up to 8 participants):
from 2 days before the activity: 100%.
In the case of third-party services, the cancellation conditions of the respective service provider shall apply. Any costs incurred in this respect may be invoiced additionally.
In the event of a partial cancellation of group reservations (reduction of the number of participants), the contracting party will be invoiced the following shares of the total costs of the booked event per person:
9 - 3 days before the activity: 30 %.
2 days or less before the activity: 100
In the event of late commencement or premature departure from the event by the customer, no claim for reimbursement shall arise. Additional costs incurred due to late commencement, premature departure or postponement of the event shall be borne by the customer. If the event is postponed until 30 days before the start of the activity, the organizer may charge a handling fee of 10% of the total costs of the booked event per person. Postponements made less than 30 days before the start of the activity will be invoiced according to the above cancellation conditions or according to the actual costs incurred.
Cancellation or changes of contract by the organizer
A minimum number of participants is required for various events. The organizer reserves the right to withdraw from the contract even at short notice. If performance of the contract is not possible at another time, or if the customer cannot claim the compensation offered to him, the payments already made will be reimbursed, less the services already claimed. Further claims for compensation are excluded. The event can also be cancelled by the organizer at short notice if participants' conduct, omissions or other actions give rise to the organizer's decision to cancel the event.
If an event or parts thereof cannot take place due to force majeure, safety concerns of the organizer, official measures, strike or uncertain weather and natural conditions, the organizer is entitled to cancel or cancel the event even at short notice. Payments made will be reimbursed after deduction of the services already used, expenses and the processing fee. It should be noted that risk-free processing is in everyone's interest. Decisions of the activity leaders are final. We expressly reserve the right to make changes to the event. The organiser shall endeavour to provide equivalent compensation.
Conditions of Participation, Obligations of Participants to Cooperate
Good health is a prerequisite for all activities. The participants undertake to inform the organizer about any health problems. Participants must not under any circumstances be under the influence of drugs, alcohol or psychotropic drugs and the like.
The participant undertakes to comply with the conditions of participation and to strictly follow the instructions of the organizer, instructors and assistants. The organizer can exclude the participant from the activity if the conditions of participation are not fulfilled or the instructions are not followed.
assertion
Participants are not insured by the organizer. Each participant is responsible for sufficient health and non-occupational accident insurance cover (including sports accidents).
objections
If the customer has cause for complaint or suffers damage, these must be notified immediately in writing to the activity manager or service provider and confirmed. However, the activity manager or service provider is not entitled to acknowledge claims, which is why such confirmation does not have the effect of acknowledging debt. The activity leader or service provider will endeavour to remedy the situation within the framework of the event and the possibilities. If no or insufficient remedy is provided or if the customer wishes to assert claims for damages, the claims must be submitted in writing to the booking office, for the attention of the organiser, within 4 weeks after the contractual end of the activity. The complaint must be accompanied by the confirmation of the activity manager or service provider and any evidence. In the event of a delayed or omitted complaint during the activity or delayed submission of the claim to the accounting office, all claims shall lapse.
adherence
Claims for damages against the organizer or her instructors and assistants are excluded, unless the damage was caused by intent or gross negligence. The organizer is entitled to call in instructors and assistants / third parties for the provision of services. If the organizer legitimately transfers the execution to a third party, the organizer shall not be liable for its action and omission. In particular, the organizer is not liable for damages caused by acts and omissions of the activity leader which are not in connection with the provision of contractually agreed services, due to acts of third parties, other participants, the participant (in particular number 1), force majeure, natural events, official orders etc. or due to late return home.
If a participant does not follow the instructions of the organizer, activity leader, etc., the organizer shall not be liable in any way.
Applicable law and place of jurisdiction
The contractual relationship shall be governed exclusively by Swiss law, to the exclusion of international agreements. Exclusive place of jurisdiction for all transactions carried out in connection with the exercise by the organizer is the place of jurisdiction of the municipality of CH-3770 Zweisimmen.
However, the organizer is also entitled to assert its claims at the customer's place of residence or registered office at its own discretion.
Salvatoric Clause
Should one or more provisions of these General Terms and Conditions be or become invalid and/or incomplete, a legally valid provision that comes as close as possible to the invalid and/or incomplete provision shall replace the invalid and/or incomplete provision. The invalidity and/or incompleteness of one provision shall not affect the validity of the other provisions.
Approved by the Executive Board/June 2018
Forellensee Gastro AG
