General Travel and Contract Conditions of SUISSE SELECTION AG

  1. What these General Terms and Conditions of Contract and Travel govern
    1. These General Terms and Conditions of Contract and Travel govern the legal relationship between you and SUISSE SELECTION AG (hereinafter SUISSE SELECTION), for travel arrangements organized by SUISSE SELECTION.
    2. These General Terms and Conditions do not apply to the following trips and services: All 'flight-only arrangements' and individual services arranged by SUISSE SELECTION are subject to the General Terms and Conditions of Contract and Transport of the responsible airlines and service providers. In this case, SUISSE SELECTION is not your contracting party.
  2. Conclusion of contract
    1. The contract between you and SUISSE SELECTION is concluded upon SUISSE SELECTION’s unconditional acceptance of your booking. From that time on, the rights and obligations under the Agreement (together with these General Terms and Conditions) will become effective for you and SUISSE SELECTION.
      1. If the person making the booking registers further travel participants, he or she shall be liable for their contractual obligations (in particular payment of the travel price) as well as for his or her own obligations. The contractual agreements and these General Terms and Conditions of Contract and Travel apply to all tour participants.
      2. SUISSE SELECTION may request that a booking form must be signed.
  3. Services
    1. Our services result from the travel advertisement or our offer. Special requests on your part are only part of the contract if they are confirmed by us in writing and without reservation.
  4. Prices and terms of payment
    1. The prices for the travel arrangements can be found in the tender or in our offer. The listed prices are valid for cash payment or bank transfer and will be invoiced in the respective currency of the offer. The prices are inclusive of the statutory value added tax. If local taxes and fees are charged, the amount of these taxes is shown in the offer as a separate surcharge. In the case of prices in euros, you can request at the time of booking whether the services are to be paid for in the advertised foreign currency or in Swiss francs. The conversion will be carried out on the day of the travel confirmation at the daily exchange rate. Price changes see item 6.
    2. Terms of payment and travel documents
      1. Unless otherwise stated, a deposit of 30% is due at the time of booking and the balance 1 month before departure. Tickets must be paid immediately upon booking.
      2. Failure to pay for the booked services on time will entitle SUISSE SELECTION to refuse the travel service and to charge the cancellation costs as per clause 5.2.
    3. Short-term bookings
      In the case of short-term bookings, the entire invoice amount must be paid immediately on conclusion of the contract.
    4. Consulting and booking fees
      1. We draw your attention to the fact that, in addition to the prices mentioned above, SUISSE SELECTION also charges a consulting and booking fee depending on the effort involved.
      2. In the case of written offers for individual trips, a fee of at least CHF 150.00 will be charged (based on the time required). This amount will be invoiced if no booking is made. When the booking is concluded, the fees will be charged as specified in the offer.
    5. Travel documents and delivery address: The documents will be handed over or delivered to you after receipt of your payment for the entire invoice amount. You will usually receive the documents 10-14 days before the agreed start of the trip.
  5. You change your registration, your itinerary or cannot travel (cancellation).
    1. General information
      If you wish to change the booking or cancel the trip, you must inform us in writing or by e-mail.
    2. SUISSE SELECTION adheres to the travel instructions of the Federal Department of Foreign Affairs (FDFA) and/or the information of the Federal Office of Public Health (FOPH) (Switzerland). If these federal offices expressly advise against travel to a country you have booked, you can change your booking free of charge during a specific period. In the event of cancellation of the order, no cancellation fees will be due, but processing fees may be charged in accordance with section
    3. Handling Fee
      In the event of a change of booking, such as a change of name, the naming of a substitute traveller, a change of travel dates, etc., or in the event of a cancellation of a trip, CHF 100.00 per person or a maximum of CHF 300.00 per order will be charged as a processing fee (for cancellation costs, see section 5.4).
    4. Cancellation costs
      1. In the event of changes, rebooking or cancellations less than 30 days prior to commencement of travel, the following cancellation costs will be charged in addition to the processing fees (Item 5.2):
        • 30 - 15 days before departure 30 %.
        • 14 - 8 days before departure 50 %.
        • 7 - 1 days before departure 80 %.
        • On the day of departure 100 %
      2. exemptions
        Special conditions may apply for special journeys such as round trips or cross flights. Some hotels also have special cancellation conditions, especially in high season. SUISSE SELECTION will notify you of these in writing when booking the arrangements in question.
      3. The date on which we receive your written notice of cancellation or change is decisive for the calculation of the cancellation or change date; for Saturdays, Sundays and Swiss public holidays, the next working day is decisive. In the event of a dispute, the customer must prove receipt of the notification by SUISSE SELECTION.
    5. Rebooking flights
      Depending on the tariff applied, changes in bookings and cancellations are not possible. Special rates are subject to strict rebooking and cancellation conditions. We therefore recommend that you take out travel insurance.
  6. Changes in tenders, price changes, changes in the transport sector
    1. Changes before conclusion of contract
      SUISSE SELECTION expressly reserves the right to change service descriptions or prices in the brochures/price lists and on Internet pages prior to your booking. Should this be the case, we will inform you prior to the conclusion of the contract.
    2. Price changes after conclusion of contract
      1. Price increases can result from
        (a) the subsequent increase in transport or accommodation costs (including fuel surcharges for transport services)
        (b) newly introduced or increased government charges or fees (such as airport taxes, landing fees, security taxes, embarkation and disembarkation fees, introduction or increase of taxes and government levies, government-imposed price increases, etc.); or
        (c) exchange rate changes. If the cost of these travel services increases, they may be passed on to you. The travel price increases accordingly. If the price increase amounts to more than 10 percent of the total invoice amount, you shall be entitled to the rights set out in section
    3. Programme changes, changes in the transport sector after your booking and before the start of the journey
      SUISSE SELECTION also reserves the right, in your interest, to change the itinerary or individual services (such as accommodation, transportation, means of transport, airlines, flight times, etc.) if force majeure, unforeseeable or unavoidable circumstances, etc., so require. SUISSE SELECTION will endeavour to provide you with equivalent replacement services. SUISSE SELECTION will inform you as soon as possible of such changes and their impact on the price.
    4. Your rights if, after conclusion of the contract, the travel price is increased, program changes or changes in the transport sector are made.
      If the program changes or the change of individual agreed services leads to a substantial change of an essential contractual point or if the price increase amounts to more than 10 percent, you have the following rights:
      a) You can accept the contract amendment;
      b) You can withdraw from the contract in writing within 5 days of receipt of our notification and you will be reimbursed immediately for the travel price already paid.
      c) Or you can inform us in writing within 5 days of receipt of our notification that you agree to an equivalent alternative proposed by us.
      We will do our best to offer you such an alternative. If the replacement trip is cheaper, the difference in price will be refunded to you. If the replacement trip is more expensive, the originally agreed price must be paid.
      If you do not notify us in accordance with point b) or c), you agree to the price increase, the program change (the 5-day deadline is met if you send your notification to Swiss Post or send the e-mail on the 5th day). - In the event of a dispute, the customer must prove that the notification was sent on time and that SUISSE SELECTION received the notification.
  7. Cancellation by SUISSE SELECTION
    1. Cancellation for reasons for which you are responsible
      SUISSE SELECTION is entitled to cancel your trip if you act or omit to act in such a way as to give reasonable cause to do so. In such a case, SUISSE SELECTION will refund the price you have already paid for the trip; any further claims are excluded. Cancellation costs pursuant to 5.2 et seq. and other claims for damages remain reserved.
    2. Force majeure, strikes, official measures, etc.
      Should unforeseeable or inapplicable events, force majeure (e.g. natural disasters, epidemics, unrest), official measures or strikes etc. make the journey considerably more difficult, endanger or make it impossible, SUISSE SELECTION may cancel the journey.
  8. Program changes, loss of services during the trip
    1. SUISSE SELECTION may change the program or individual services for legally permissible reasons, provided that this does not result in any material change to the program or the character of the trip.
  9. You start the journey, but you cannot end it.
    If you cancel the trip prematurely, the price of the travel arrangement cannot be refunded.
    Any unused services will be refunded to you, subject to a reasonable handling fee, provided SUISSE SELECTION is not charged. In urgent cases (e.g. personal illness or accident, serious illness or death of a loved one), the service provider will assist you as far as possible in organising your early return journey. Any costs, e.g. for transport, etc., will be borne by you. In this context, please also note the possibility of taking out a so-called assistance insurance policy, which is not included in the travel price. You can find out more on request.
  10. If you have something to complain about
    1. Complaints, time limits for complaints and requests for remedy
      If the trip does not comply with the contractual agreement or if you suffer damage, you are obliged to complain to the service provider immediately, i.e. if possible on the same day, about this defect or damage and to demand free remedy.
    2. The service provider will endeavour to remedy the situation within a reasonable period of time. If no remedy is provided within a reasonable period or if it is not sufficient, have the defects or the damage and the failure to remedy recorded in writing by the service provider. - The service provider is not entitled to accept any claims for damages on behalf of SUISSE SELECTION.
    3. If, contrary to expectations, you are unable to reach the service provider, please contact us directly. You will receive the necessary information with your travel documents.
    4. Self-remedy
      If no remedy is provided within a reasonable period of time and if the defect is substantial, you are entitled to remedy the situation yourself. The costs incurred by you will be reimbursed by SUISSE SELECTION within the scope of the originally agreed trip (hotel category, means of transport, etc.) and against receipt, provided you have complained about the defect and requested written confirmation (sections 10.1 and 10.2) (see section 11).
    5. How to assert your claims against SUISSE SELECTION
      If you wish to assert any defects, refunds or claims for damages against SUISSE SELECTION, you must submit your complaint to SUISSE SELECTION in writing within one month of the contractual end of the trip. Your complaint must be accompanied by confirmation from the service provider and any evidence.
    6. Forfeiture of your claims
      If you do not report the defects or damage in accordance with sections 10.1 and 10.2, you lose and forfeit all rights to remedy, reduction of the tour price, termination of the contract and compensation for damages, etc.. The same applies if you have not asserted your claim against SUISSE SELECTION in writing within one month of the contractual end of the trip.
  11. Liability of SUISSE SELECTION
    1. General information
      SUISSE SELECTION will reimburse you for the value of agreed but not performed or poorly performed services, your additional costs or the damage suffered, within the framework of the following provisions, insofar as it was not possible for the service provider or SUISSE SELECTION to provide an equivalent replacement service on site.
    2. Limitations of liability, exclusions of liability
      1. General limitation of liability
        SUISSE SELECTION shall be liable to the extent permitted by applicable laws and international treaties, excluding liability for damages caused by slight negligence and for loss of performance caused by slight negligence.
      2. International treaties and national laws
        If international treaties and national laws contain limitations or exclusions on damages for non-performance or improper performance, SUISSE SELECTION shall be liable only to the extent of such treaties and laws. International agreements and national laws with limitations and exclusions of liability exist in particular in the transport sector (such as in air transport, shipping and rail transport). - Further limitations or exclusions of liability in these General Terms and Conditions are reserved.
      3. Disclaimer
        SUISSE SELECTION shall not be liable to you if failure to perform or improper performance of the Agreement is due to the following causes:
        a) for failures on your part before or during the trip;
        b) unforeseeable or unavoidable omissions by third parties who are not involved in the provision of the contractually agreed service;
        c) Force majeure or an event which SUISSE SELECTION, the intermediary or the service provider could not foresee or prevent despite due care. In such cases, SUISSE SELECTION shall not be liable for any damages.
      4. Personal injury
        SUISSE SELECTION is liable for personal injury resulting from non-performance or improper performance of the contract under these General Terms and Conditions of Contract and Travel, applicable international treaties and national laws.
      5. Other damage (property damage, pecuniary loss, etc.)
        SUISSE SELECTION liability for other damages (such as property damage and pecuniary loss) arising from non-performance or improper performance of the contract shall be limited to a maximum of the travel price per person. SUISSE SELECTION liability shall be limited to these General Terms and Conditions of Contract and Travel as well as the applicable international agreements and national laws with further liability limits or exclusions. Liability for punitive damages is excluded.
      6. Exclusion of liability for wasted holiday time, frustration damages, etc.
        SUISSE SELECTION is not liable under any legal title for wasted holiday time, frustration damages, etc.
      7. Valuables, cash, jewellery, credit cards, etc.
        We expressly draw your attention to the fact that you are responsible for the safe storage of valuables, cash, jewellery, credit cards, photographic equipment, means of communication, etc. yourself. In the hotels, valuables must be kept in a safe. Under no circumstances may you leave these objects unattended. SUISSE SELECTION is not liable for theft, loss, damage, or misuse of lost cheques, credit cards, means of communication, etc.
      8. Car, train, flight and boat schedules, etc.
        Even with careful travel arrangements, we cannot guarantee that these schedules will be adhered to. Delays may occur due to heavy traffic, traffic jams, accidents, airport congestion, diversions, delayed border clearances, etc. In all these cases we are not liable. We strongly advise you to take possible delays into account when planning your trip.
        Loss of services due to force majeure or other circumstances unforeseeable or unavoidable by SUISSE SELECTION and the service providers.
      9. In the event that services are cancelled due to force majeure or other unforeseeable or avoidable circumstances, the portion of the costs incurred will be refunded if SUISSE SELECTION does not have to pay for the cancelled services or receives a refund. Purchased services must be paid for. Any compensation shall be at your expense.
    3. Events during the trip
      Outside the agreed itinerary, it may be possible to book local events or excursions during the trip. It cannot be ruled out that such events and excursions are associated with risks. It is your own responsibility whether you participate in such events and excursions. These events and excursions are organized by third parties. SUISSE SELECTION is not your contracting party and is not liable in any way.
  12. Non-Contractual Liability
    Non-contractual liability is governed by the relevant legal provisions. Further exclusions and limitations of liability contained in these General Terms and Conditions are reserved.
    1. Insurance
      Cancellation costs and assistance insurance must be taken out. You will be informed of this at the time of booking. If you already have a private cancellation insurance policy, you can waive it by means of a written waiver at the time of booking. The liability of the travel, transport and airline companies is limited. SUISSE SELECTION therefore recommends that you take out supplementary insurance cover, such as luggage insurance, travel accident insurance, travel health insurance, etc. The insurance benefits depend on the relevant insurance policies.
    2. Entry, visa and health regulations
      1. When booking, the nationality of all SUISSE SELECTION must be communicated so that SUISSE SELECTION can draw your attention to the entry requirements.
      2. You are solely responsible for compliance with passport, visa, customs, currency and health regulations. SUISSE SELECTION cannot be held responsible for any refusal of entry due to visas not obtained or not received.
      3. SUISSE SELECTION advises you that if you are denied entry, you will be responsible for the cost of your return journey. Similarly, SUISSE SELECTION expressly advises you of the legal consequences of prohibited goods and other imports.
    3. Timely arrival at the airport counter and reconfirmation of tickets
      SUISSE SELECTION will include the arrival times at the airports in your travel documents. These times must be observed at all costs, otherwise you will lose your right to transport and other airline services. You are responsible for arriving at the airport on time. In the case of unaccompanied travel, you are responsible for reconfirming the return flight, if applicable. Missed reconfirmations can lead to the loss of the transport claim; any additional costs will be borne by you.
  13. Security
    SUISSE SELECTION is a member of the Swiss Travel Security (STS) of the Swiss Travel Association of Retailers (STAR) and guarantees you the security of the amounts paid in connection with your booked package tour.
  14. Ombudsman
    1. Before a legal dispute arises, you should contact the independent ombudsman of the Swiss travel industry. The ombudsman will endeavour to reach a fair and balanced agreement between you and SUISSE SELECTION on any type of problem.
    2. The ombudsman's address is as follows:
      Ombudsman of the Swiss Travel Industry
      post office box
      CH-4601 Olten
  15. Applicable law and place of jurisdiction
    The exclusive place of jurisdiction is Zurich (Switzerland). SUISSE SELECTION a brand of RSelection AG, Mantelgasse 10, 8008 Zurich, Switzerland
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