GENERAL TERMS AND CONDITIONS OF AARESCHLAUCHBOOT GMBH
1 Scope of application
These General Terms and Conditions (GTC) govern the legal relationship between Aareschlauchboot GmbH (hereinafter referred to as the "Organiser") and the natural person who makes use of the Organiser's services ("Participant") and is the contractual partner.
2 Subject matter of the contract
The subject matter of the contract is the hire of water sports equipment or the organisation of guided tours with water sports equipment (both referred to in this contract as "activity"). The Organiser's booking confirmation is authoritative.
The Organiser undertakes to provide the Activity in a professional manner and to provide water sports equipment that is suitable for the intended use.
In return, the participant undertakes to pay the organiser the contractually agreed price and to use the water sports equipment provided with care.
Additional services may be agreed, provided the organiser agrees. The participant undertakes to pay the resulting additional costs.
3. Registration / conclusion of contract
Registration for an activity can only be made online or, in the case of group enquiries, by email. Free places cannot be guaranteed. Early registration is recommended.
In exceptional cases, it is possible to book at short notice on the day of the activity by telephone or at check-in on site, but this requires a corresponding confirmation from the organiser.
By booking an advertised service of the Organiser, a binding contract is concluded between the Organiser and the participant on the basis of these GTC. By submitting the registration, the participant recognises these GTC as an integral part of the contract between him/her and the Organiser.
The participant making the booking shall automatically receive an electronic booking confirmation upon booking. If the participant does not receive this, he/she is responsible for ensuring that the organiser has received and confirmed the booking.
In the case of spontaneous bookings, a payment receipt will be issued instead of the electronic booking confirmation.
The participant is responsible for the correct transmission of his/her personal data and for checking all details on the booking confirmation (date, offer, participants, price, etc.). Any discrepancies must be reported to the Organiser immediately and before the start of the booked offer.
Finally, the participant is obliged to provide a valid contact number to ensure that he/she can be contacted by the organiser on the day of the booked activity.
Any consequential costs incurred as a result of failure to report or incomplete reporting shall be borne by the participant.
4 Prices
All prices are per person or water sports equipment and gross in Swiss francs (CHF) including VAT.
The prices are published on the organiser's website. Prices are expressly subject to change. The booking confirmation is authoritative in all cases.
Transport services and other personal services provided by the Organiser (telephone calls, drinks, meals, etc.) are only included in the price if they are expressly confirmed as included in the booking confirmation.
5 Terms of payment
The participant is obliged in all cases to deposit a credit card at the time of booking. Alternatives are immediate payment of the total amount via TWINT or cash payment for a spontaneous booking.
The total amount according to the booking confirmation is due for payment as follows:
a) Standard online booking up to 48 hours before the activity
Upon receipt of the booking confirmation, a deposit must be paid by credit card in accordance with the prices published on the website under the heading Booking.
The remaining amount is due for payment on the day of the activity and can be paid on site at check-in.
b) Online booking within 48 hours before the activity
Upon receipt of the booking confirmation, the full price agreed for the activity must be paid by credit card.
c) Group bookings and guided tours
For group bookings and guided tours, an invoice will be sent to the participant for payment after the activity has been carried out.
d) Walk-ins (spontaneous bookings on the day of the activity)
In the case of a spontaneous booking on the day of the activity, the total amount must be paid by credit card, TWINT or in cash before the activity takes place.
6 Cancellation by the participant / booking changes
a) Cancellation up to 48 hours before the activity
Booked offers can be cancelled in writing up to 48 hours before the reserved activity. The relevant time is the time at which the Organiser receives the notification. In this case, no further payment is due, but no refund will be made.
Alternatively, the booked service can be postponed to another date within the summer season at no additional cost.
b) Cancellation within 48 hours before the activity
In the event of cancellation within 48 hours before the start of the activity, the entire agreed service is due for payment. The organiser is entitled to charge the unpaid amount to the credit card on file.
c) Booking changes
Further postponements within the summer season are only possible with the Organiser's consent and for a fee of CHF 10.00 per postponement.
7 Cancellation or programme changes by the Organiser
a) Minimum number of participants
If a minimum number of participants has been communicated and is not reached, the Organiser is entitled to cancel the activity at short notice or to combine groups. In this case, the Organiser shall endeavour to offer a suitable replacement service.
If it is not possible to fulfil the contract at another time or if the participant does not accept the substitute service, any payments already made will be refunded, less any services already claimed. Further claims by the participant are excluded.
b) Non-compliance with instructions / inability to participate
The activity may be cancelled or interrupted by the organiser at short notice if the participant or a member of his/her group shows through his/her behaviour or failure to act that the careful use of the water sports equipment or the safe execution of the guided tour is endangered or impossible.
The organiser is also entitled to cancel or interrupt the activity due to illness or lack of fitness of the participant or a member of his/her group.
In such cases, the participant must pay the full price for the booked activity.
c) Force majeure
If an activity cannot be carried out due to force majeure, safety concerns on the part of the organiser, official measures or unsafe weather and/or natural conditions (in particular due to flooding), the organiser is entitled to cancel or discontinue the activity, even at short notice.
Cancellations will be communicated to the participant immediately. In this case, the participant is entitled to book an alternative date in the current summer season, but remains obliged to pay the full price.
8 Conditions of participation and the participant's duty to co-operate
For all activities, it is assumed that the participant is in good health.
The participant undertakes to inform the organiser of any health problems. Under no circumstances may the participant be under the influence of drugs, alcohol or psychotropic medication or similar.
The participant must strictly follow the instructions of the organiser.
Participants under the age of 18 may only take part in the activity with the consent of their legal representative.
In the event of non-compliance, the organiser may exclude the participant from the activity. The booked activity is payable in full.
9 Insurance
The participant and his/her group are not insured by the organiser. Each participant is independently responsible for taking out all necessary insurance.
10 Complaints
Complaints must be reported to the Organiser in writing within 24 hours of the end of the activity. The Organiser must confirm receipt of the complaint in writing.
The Organiser shall endeavour to resolve the problem complained about as far as possible.
Compensation claims must be submitted in writing within 4 weeks of the end of the activity, stating the reasons and providing the necessary evidence. In the event of late complaints, all claims by the participant shall be forfeited.
11 Liability / exclusion of liability
Participants take part in the activities at their own risk and use the water sports equipment entirely at their own risk.
Claims for damages are excluded unless they are caused by the organiser intentionally or through gross negligence.
The organiser is not liable for accidents, salvage operations and items carried along such as electronic devices, jewellery, watches, etc..
The participant is liable to the organiser for the loss of and damage to the rental equipment as well as any salvage costs. The Organiser is entitled to charge these costs to the Participant's credit card.
In addition to these GTC, the Organiser may require the Participant and the other group members to sign a liability waiver as a prerequisite for participation in the activity. This declaration contractually stipulates that the organiser cannot be held liable for certain events, including loss, injury, damage and death. This disclaimer may also include a health declaration confirming the fitness for the planned activity.
12. Data protection
The separate privacy policy on the Organiser's website applies.
13 Applicable law and place of jurisdiction
The contractual relationship is governed exclusively by Swiss law.
The place of jurisdiction is Thun.
14. Severability clause
Should one of these provisions be ineffective, this shall not result in the ineffectiveness of the entire GTC, unless it can be assumed that they would not have been concluded without the ineffective part.
15 Amendments to the GTC
The Organiser reserves the right to amend these GTC at any time. The current version of the GTC at the time the contract is concluded shall apply.
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Faulensee, 01.03.2024