General Terms and Conditions (2018/06)
We are pleased that you are interested in an offer from eventerlebnis. A contract between eventerlebnis GmbH (hereinafter referred as eventerlebnis) and you (hereinafter referred as customer), is concluded upon receipt of the booking. Therefore, we request that you carefully read the General Terms and Conditions as stated below.
Contracts can be concluded either in writing, electronically (e-mail or fax) or in person with the organizer or its sales agents. The contractual relationship between the customer and eventerlebnis begins with receipt of the booking confirmation. The organizer may enter into subcontracts with partners and third parties for execution of the event.
2. Object of the Contract
eventerlebnis is obligated to provide the services offered according to the descriptions contained in the confirmation you receive for the requested event. Special requests may be considered after consultation with the organizer. Any additional costs will be charged to the customer.
3. Conclusion of the Contract
By signing the event confirmation or through booking by e-mail the customer confirms his understanding and acceptance of the General Terms and Conditions of eventerlebnis. From this point on, the rights and obligations under the contract for the customer and eventerlebnis take effect.
The prices published on the internet are standard prices, which can be adjusted according to group size, date, time and place of execution. The currency is CHF.
All of the services included in the price can be seen in the corresponding offer and confirmation. The booking office must be notified in writing, not later than 72 hours before the start of the event, if there is a change in the number of participants. A maximum cancellation of 10% of the confirmed number of participants is acceptable. In any case the customer will be required to pay the original price of the event or the new price agreed to after notification is received even if fewer participants attend the event than planned. Price changes or price adjustments by eventerlebnis are possible at any time. Invoices and receipts from third-party providers cannot be viewed.
5. Terms of Payment
The full amount is charged immediately for bookings by private groups and person. Companies are invoiced after the event. This bill must be paid within 15 days without deduction. eventerlebnis may require a deposit for last minute bookings, new customers or large groups. A different method of payment (e.g. cash) is only possible if agreed to in writing beforehand and is not available for all programs.
Invoices for ordered vouchers are to be paid in the same way as short-term, definitive bookings (also in case of cancellation). Payment is due within 5 business days. The vouchers are delivered afterwards. Issued vouchers are only valid after payment has been received. Not fully paid vouchers will not be redeemed.
Adjustments and address changes of already delivered invoices as well as invoice splits with more than 2 addresses will be charged with an additional administration fee of CHF 30.00 per order.
Payment reminders are sent free of charge by e-mail, with the 1st reminder by mail we charge CHF 30.00, with the second reminder additional CHF 50.00. After that, we will initiate legal action.
6. Program Change
Our events take place regardless of the weather. Adjustments may be required due to natural disasters, the type of weather or force majeure. By registering the customer agrees to program changes. The booked program as well as any additional costs will be charged to the customer. The customer will not be entitled to claim for damages if an offer is postponed or changed. A minimum of CHF 100.00 will be charged for postponements or program adjustments of booked events by the customer.
7. Cancellation, Partial Cancellation and Re-booking
eventerlebnis must be notified in writing in case of a canellation or change of the date of the already booked event. The cancellation is only considered to be legally binding after it is confirmed by eventerlebnis. Prior received documents (tickets, detailed programs) must be returned by the customer before the event by registered letter.
eventerlebnis is entitled to the following compensation in case the customer withdraws from the contract:
For cancellation up to 60 days before the event 20% of the total price
For cancellation from 59 to 30 days before the event 50% of the total price
For cancellation from 29 to 14 days before the event 75% of the total price
For cancellation from 13 to 4 days before the event 90% of the total price
For cancellation 3 days before the event 100% of the total price
However, in each case, a minimum of CHF 300.00 will be charged.
In addition, the preparatory work carried out up to the cancellation can be charged according to the price list mentioned under paragraph 17. Already purchased third-party services will be fully charged.
The cancellation policies of the respective third party service providers will apply if they are affected.
The critical factor for determining the cancellation date is the receipt of your written cancellation at eventerlebnis.
Waiting times are free of charge for the first 30 minutes, afterwards the costs for the guides will be charged with CHF 80.00 / guide / hour.
If the minimum number of participants is not exceeded, the offered minimum price or the minimum flat rate applies. Otherwise, the organizer can cancel the event at short notice. In this case, the payments received less the already claimed services will be refunded.
Most activities for individuals require a minimum number of participants. If there are not enough participants, eventerlebnis is allowed to cancel the activity at short notice. If the customer does not want to rebook any of the alternative activities offered to him, the payments made will be refunded, less the already claimed services.
The price for the event must still be paid by the customer in full even if he appears late or not at all to the booked event. Additional costs, which result from postponing the event or the late arrival of the participants, are charged to the customer.
The activity may be canceled by eventerlebnis if participants give reasonable cause by their actions and omissions. In this case the event will be fully charged as offered.
If the date or services covered by the event are changed by the customer (= re-booking) then the cancellation terms listed above will apply. In addition, a minimum of CHF 100.00 is due for each change. Any additional expenses incurred such as fees for licenses, space or room rental, labor costs of the guides, reservation fees, etc. will be charged to the customer.
If the customer arrives at the event location 60 minutes later than expected then the customer will be charged for this waiting period accordingly. The same applies if the customer wishes to extend the event by more than 1 hour on short-term notice. The additional hours will be charged at CHF 80.00/h and per guide. Additional costs for room or car rentals are billed according to the actual costs.
9. Termination of the Event by the Customer
No refund will be awarded in case of termination or premature departure from the event. Any additional costs as a result thereof shall be charged to the customer.
10. Conditions for Cancellation by the Organizer
eventerlebnis may withdraw from the contract on short-term notice for reasons (e.g. force majeure, riots, strikes) or circumstances which endanger the life and health of humans. In this case payment will be refunded minus that portion for services already provided. Further claims are excluded.
11. Insurance Coverage
The participant is not insured by eventerlebnis. The participant is obligated to have valid and adequate amounts of insurance (accident and health). This insurance must be secured by the participant himself. Although we provide the customer with an optimal arrangement, accidents can never be completely ruled out during an event. eventerlebnis does not assume any liability for this risk. Participation is at one’s own risk.
12. Requirements for Participation
Good health is a prerequisite for all events. The participants are obligated to inform the organizers about any health problems, allergies, disabilities or other important issues (e.g. non-swimmers).
Participation in an event under the strong influence of drugs, alcohol (blood alcohol level of more than 0.5 parts per thousand), psychotherapeutic drugs or the like is not permitted.
The customer is obligated to comply with the requirements of participation as well as follow the instructions of the organizer, managers or assistants. The organizer reserves the right to exclude participants from the event who do not comply with the requirements for participation with respect to drugs, alcohol and psychotherapeutic drugs or who do not follow instructions. The cancellations terms shall apply if participants are excluded and the customer will not be entitled to a refund.
Is the event not being carried out as confirmed in the confirmation letter or do other severe insufficiencies occur, you must demand immediate corrective actions free of charge from the responsible guide. The guide is required to do the best he can to accommodate your request under the current circumstances. Are corrective actions for any reason not possible, you must demand a written confirmation from the guide. Eventerlebnis will only be able to accommodate you afterwards, if immediate complaints at the moment of occurance were being made. Are the occured insufficiencies so severe that the event cannot be continued, you must demand a written confirmation from the responsible guide and send it immediately to eventerlebnis. The guide has no authority to accept liability for a claim whatsoever.
14. Liability and Compensation for Damage
eventerlebnis guarantees its customers the conscientious, professional and proper preparation and execution of the events.
a) General Information
eventerlebnis compensates the customer for loss of service agreed to or for additional expenses to the extent the guide is unable to provide equivalent compensation on the spot. The liability of eventerlebnis is limited to the direct amount of damage but not to exceed the price of the arrangement. No liability is assumed for program changes due to train, bus or flight delays. In particular, eventerlebnis will not assume liability for changes in the program which can be attributed to force majeure, natural disasters, strikes, governmental actions or delays and failure by third parties for which eventerlebnis is not responsible.
b) Hazards, Weather
Through his booking, the client accepts the risks associated with outdoor as well as indoor event participation. Even highly qualified mountain guides and other types of guides are not completely infallible with respect to exercising due care. Guides must deal with border areas outside of the marked trail which are never fully controllable. eventerlebnis is not liable for subjective success or for good weather. Claims are ruled out in such cases.
c) Third Party Service Providers
eventerlebnis is entitled to contract third parties in order to provide optimum service. This is done automatically and in agreement with the customer. eventerlebnis is not liable for the actions, failure or negligence of third party service providers.
d) Damage to Property
If eventerlebnis should be deemed liable for damage to property or assets then the liability for such related damage shall be limited to two times the price of the arrangement subject to the limitations of liability as stipulated under international conventions.
eventerlebnis will be excluded from any liability in case of non-compliance with instructions given by eventerlebnis, its employees or service providers. eventerlebnis is liable for the actions, failure or negligence of its guides, to the extent such are job-related and required for provision of the booked service.
f) Universal Liability The above provisions are not to be misconstrued as a universal admission of liability.
15. Materialverluste / Materialdefekte
Materialverluste wie Stirnlampen, GPS, Schlitten, Velohelme etc. werden verrechnet. Materialschäden, die durch unsachgemässige Benützung) entstanden sind, werden in Rechnung gestellt.
16. Marketing / Imagery
The signing of the confirmation is deemed to be an agreement that eventerlebnis may use photos of the events for marketing and advertising purposes.
17. Hourly Rates
For billing by time and effort , the following hourly rates are applied:
Event guide / Event Manager: CHF 90.00 / h
Office, Administration: CHF 80.00 / h
Cook: CHF 65.00 / h
Guide: CHF 60.00 / h
Travel cost car: 1.50 / km
To facilitate reading we dispense with female and male notations of gender. Thank you for your understanding.
19. Severability Clause
If any provision of this contract should be deemed invalid, ineffective or infeasible, it will not impair the validity, effectiveness and feasibility of the remaining parts of the contract.
In this case the parties are obligated to replace the invalid, ineffective or infeasible part of the contract with a valid, effective and feasible provision which comes closest in content to the original intention of the parties.
These Terms and Conditions (GTC) Edition 2014 have been revised and updated. The new contract is valid for all bookings from 20. June 2018. These General Business Conditions are available in German and in English. In case of doubt, the German version shall prevail.
20. Court of Jurisdiction
Swiss courts shall have exclusive jurisdiction for any disputes, regardless of the nationality of the customer or the location in which the damage occurred. The Court of Jurisdiction is Wollerau.
Owner: eventerlebnis GmbH
Account no.: 87-354664-2
IBAN: CH54 0900 0000 8735 4664 2
VAT no.: CHE-425.642.085 MWST