General Terms and Conditions
1. General Conditions of Business
Thank you for your interest in an Outventure activity. On receipt of your booking at an Outventure outlet, a contract is established between you and Outventure (hereinafter also called the Organiser). We therefore ask you to read the following General Conditions of Business carefully.
You can enrol with the Organiser in writing, by telephone or personally or with its sales outlets. By enrolling, you acknowledge these General Terms and Conditions as part of the Contract between you and the Organiser.
3. Object of Contract
The Organiser undertakes to provide the services relating to the activity in which you desire to indulge and to do so in accordance with the descriptions in its brochure. Special wishes can be taken into account by agreement with the Organiser. Any additional costs are to be borne by the Customer.
4. Conclusion of Contract
On receipt of your written, telephone or personal enrolment with the Organiser or its sales outlet, a contract shall be established between you and Outventure. Thenceforth, the rights and obligations in the Contract become effective for both you and Outventure.
The prices of the activities can be seen from the current Outventure price list. They are to be understood as the rate per person in Swiss francs. We reserve the right to alter prices.
6. Conditions of payment
On confirmation of booking, a deposit of 50% of the event price is payable. The balance is due after completion of the event and within 10 days of the final invoice. Adventure activities must be paid for in advance or with cash on the day. If payment is not made on time, the Organiser shall be entitled to withhold performance or terminate the Contract. The Customer will be required to pay any cancellation costs in accordance with clause 7 below.
7. Cancellation or change of Contract by the Customer
Should the Customer withdraw from the Contract before the activity begins, this shall be done by registered letter enclosing all documents already received (tickets, written confirmations, detailed programmes, etc.). The cancellation shall be valid only on receipt of these documents by the Organiser. The Customer will be charged the following share of the organisation costs in respect of each cancellation:
- up to 20 days before the activity begins CHF. 150.–
- 19 - 14 days before the activity begins 50%
- 13 - 1 days before the activity begins 75%
- On the day the activity begins 100%
If the activity cannot be carried out, because of the late arrival or no-show of the Customer for the activity, 100% of the price of the package is payable. The Customer shall also bear any additional costs caused by postponements or his late arrival. There are no reimbursements payable if the Customer joins an activity after it has already begun or if he leaves before it ends.
An administrative fee of CHF 150.- is due if the customer alters the date of the activity up to 30 days before it begins. If the change of date of the activity takes place later than 30 days before the original date, the regulations governing cancellation costs shall apply.
8. Cancellation or change of Contract by the Organiser before the activity begins
If the minimum number of participants is not reached, the Organiser may cancel the activity at short notice. If the Customer does not want to rebook for any of the substitute activities offered, payments made will be reimbursed less any services already performed.
The Organiser may renounce the activity if, through any acts of commission or omission, the participants give justifiable cause so to do. In this case, the regulations relating to cancellation costs shall apply pursuant to clause 7 above.
If the activity is endangered or rendered impracticable by acts of God, weather and natural conditions, official measures or security risks, the Organiser may cancel or prematurely terminate the activity. The price paid will in that case be reimbursed less expenses already incurred by the Organiser. Alternative claims will not be entertained.
The Organiser expressly reserves the right to modify the programme. The Organiser will attempt to offer some compensation of as close as possible equivalent value.
9. Programme modification or cancellation of the activity after conclusion of Contract
The Organiser reserves the right to alter the programme of activities or individually agreed services if so required by unforeseen circumstances, acts of God, weather and natural conditions, official measures or security risks. It shall, however, endeavour to provide equivalent compensation. If a considerable change is made in the programme involving an increase in prices of more than 10%, the customer may withdraw from the Contract.
Depending on wind conditions, the pilot can freely choose where to land. There is no guaranteed flight time as the duration of passenger flights depends on weather conditions. No reimbursement shall be due if the flight has to be curtailed for justifiable reasons.
11. Interruption of the activity by the Customer
If a Customer prematurely interrupts the activity or leaves it early, he shall have no claim to reimbursement. The Customer shall bear any additional costs.
12. Conditions for participation
Good health is a prerequisite for all activities. The participant shall undertake to inform the Organiser of any health problems. Participation in an activity under the influence of drugs and alcohol or psycho-pharmaceutics or the like is not allowed.
In the case of adventure activities, the following health conditions in particular exclude participation: hypertension, pregnancy, heart disorders, recent eye operations, cardiovascular problems, damage to the locomotor functions, epilepsy, neurological troubles as well as chronic ear disorders with impaired sense of balance. The Customer should be vertigo free for all rope and climbing activities. It is the duty of the Customer to abide by the conditions for participation and to strictly follow the instructions given by the Organiser, the group-leaders and support personnel. Should a participant fail to abide by these participation conditions or not follow instructions, the Organiser reserves the right to exclude that participant from the activity. The cancellation provisions shall apply in the case of exclusion before the beginning of the activity. If the participant is excluded after the beginning of the activity, the Customer shall have no claim to reimbursement.
13. Additional conditions for bungee jumping
Minimum age to participate is 16 years. The organizers reserve the right to decide whether a jump can be carried out or not. If weather conditions are not suitable to perform a jump then the participants can reschedule the jump for a later date. If the client prefers, in this case, the jump fee can be refunded. The participant is not entitled to any additional claims.
If the participant disregards any of the instructions given by the organiser, activity leaders or assistants then the organiser may terminate the contract immediately. The jump fee is not refundable.
The participant must jump within 10 minutes following the "all clear to jump" being given otherwise their jump is cancelled. The participant in this case is not entitled to a refund.
14. Additional conditions for water activities
For water activities (canyoning, canoeing, raft building, etc.), participants must be able to swim.
The participant is not insured by the Organiser. The participant must independently have contracted a sufficient health and accident insurance (including sports accidents). Cancellation insurance is recommended. Despite the competent and safe conduct of the activities, accidents cannot be excluded. The Organiser can assume no liability for this. The participant takes part at his own risk.
Complaints or any damage suffered are to be immediately reported in writing to the activity leader who must confirm it. The activity monitors are however not authorised to acknowledge claims on behalf of the Organiser. An effort will, however, be made to provide some remedy within the context of the programme and its possibilities. Claims for compensation must be entered with the Organiser in
writing, by registered letter, within a period of four weeks after completion of the activity. The confirmation by the activity leader and any evidence is to be enclosed with this letter. All claims shall lapse if a claim is entered late or if the participant omits to register or delays in registering a complaint during the activity.
The Organiser is, within the limits of these General Conditions of Business, liable for any defects or cancellations in the performance of the activity that results in a lesser value being provided than foreseen in the original agreement.
In the case of a cancellation by the Organiser, it may – within an appropriate period – provide equivalent compensation. In this case, claims are excluded. The participant shall have a claim to compensation if a fault is committed by the Organiser or its support personnel and no equivalent compensation could be provided on the spot.
The Organiser shall, subject to the regulations governing package tours, be liable in each case only up to the amount of the paid price of the activity and only for immediate damage caused.
With package tours, the liability of the Organiser for material and pecuniary loss originating from the faulty or improper performance of the contract shall be limited to at most twice the cost of the trip unless the loss or damage was caused on purpose or through gross negligence. The right to lower liability limits in international agreements remains reserved.
The Organiser will not accept any liability for damage and disadvantages of any type resulting from minor faults committed by the Organiser or the support personnel. The Organiser shall be liable for acts committed by the activity leader only if that activity leader committed some error in the performance of his activity leadership.
The Organiser will intercede for its customers in procuring the products and services of other activity organisers.
No liability for fulfilment of contract, accidents, delays, losses or other irregularities deriving from this mediation activity can be assumed unless otherwise stipulated in the regulations of package tours. No liability either shall be assumed for damage caused by acts of God, warlike events, strikes, epidemics, natural disasters and government regulations.
If the Organiser legitimately transfers performance to a third party, the Organiser shall not stand liable for the actions and omissions of that third party.
If the instructions of the Organiser or its support personnel are not followed, all liability of the Organiser shall lapse.
18. Special provisions regarding liability for Paragliding
In the case of activities falling under civil aviation legislation, the application of national or international laws and agreements containing liability limitations or liability exclusions shall apply. National and international regulations shall apply according to which liability for persons, luggage, material and pecuniary loss is restricted or excluded (for domestic transport the Air Transport Regulations of 3.10.1952/1.06.1962). Further information may be gleaned from the plane ticket.
19. Applicable Law
All legal relations between the Customer and the Organiser shall be governed by Swiss Law. The relevant legal provisions shall apply. If these general regulations provide for stricter liability limitations or prerequisites, they shall apply.
Exclusive jurisdiction for all matters arising from this Contract shall lie with the Courts of Engelberg.
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