General Terms and Conditions SET AG, Engelberg
(SET AG refers to the Swiss Ski School Engelberg Titlis AG and Adventure Engelberg)
Many thanks for booking an activity with us. We kindly ask you to read the following General Terms and Conditions carefully:
1. Booking/Conclusion of the Contract
The contract between you and SET AG Engelberg shall be concluded with the unconditional acceptance of your booking by SET AG Engelberg in writing, verbally or in person. From this point in time, the rights and obligations in this contract (including these General Terms & Conditions) come into effect both for you and for SET AG Engelberg.
With your booking you accept these General Terms and Conditions as an integral part of your contract with SET AG Engelberg.
Should the person making the booking add further participants to the booking, then they are responsible for those participant’s obligations as well as their own.
2. Subject of the Contract
SET AG Engelberg is obliged to fulfil the services pertaining to the activity booked by you as described in the corresponding proposal and in the details set out in the contract and booking confirmation.
Special requests can only be considered if agreed in writing by SET AG Engelberg. Any additional costs shall be paid for by the client.
Please refer to the most recent pricelists for the rates of the activities. Unless otherwise indicated in the proposal, the rates are per person, net and in Swiss Francs. Prices are subject to change. The cost of transport to the destination and refreshments are not included unless otherwise indicated.
4. Payment conditions
The total invoiced amount shall be paid before commencement of the booked activity unless otherwise indicated in the contract.
Payments not made on time entitle SET AG Engelberg to withhold their services, to annul the contract and to demand payment of the cancellation charges as set out in Point 5.
5. Cancellation or amendment of the contract by the client
Cancellation of the contract or amending the booked activity in any way before commencement of the activity must be notified by post in a letter sent recorded delivery with the previously received documentation enclosed. Cancellation or amendments will only be validated on receipt of these documents by SET AG Engelberg. The date of receipt of your statement by SET AG Engelberg (or the next working day if a Sunday or Public Holiday) will be used for calculating cancellation charges.
If you cancel the booked activity before implementation of the activity or if you wish to amend anything, the following cancellation charges apply:
up to 31 days before commencement of the activity CHF 50.00 30–20 days before commencement of the activity 20% 19–10 days before commencement of the activity 30% 9–1 days before commencement of the activity 75% On the day of commencement of the activity 100%
Should you no longer be able to participate in the activity due to late arrival, or should said activity have to be cancelled for this reason, 100% of the total cost will be invoiced to you. Any additional costs arising for SET AG Engelberg from postponement or delay caused by you will also be invoiced to you.
Should you join an activity after it has commenced or should you leave before it ends, you have no right to request a refund.
6. Cancellation or amendment by the organiser prior to commencement of the activity
Activities with a minimum number of participants can be cancelled by SET AG Engelberg up to one day before implementation of the activity without compensation if the minimum number of participants is not reached.
The activity can be cancelled or cut short by SET AG Engelberg if the participants, through their acts and omissions, give just cause to do so. In such cases, the terms pertaining to cancellation charges, as set out Point 5, shall apply.
SET AG Engelberg reserves the right to change, cancel or terminate the programme, or individual services therein, prior to and after conclusion of the contract, as well as during the activity, should natural and/or weather conditions or other unforeseen circumstances (force majeure, official directives, safety issues or other risks) give cause to do so. Any additional costs related to the amended programme are to be covered by the participant. Upon booking, the participant declares his/her consent in this matter. Should the amendment to the programme incur additional costs of over 10%, the participant may cancel the contract. Should the client cancel the activity in advance or on the day of implementation without substitution, any payments already made shall be refunded. There is however no right for further compensation demands
7. Termination of the activity by the client
Should a participant prematurely terminate the activity or leave it early he/she has no right to a refund. Any additionally resulting costs shall be paid by the client.
8. Terms of Participation
Good health is a precondition for all activities. The participant is obliged to inform SET AG Engelberg in advance and in writing of any health problems or of a pregnancy. It is forbidden to participate in an activity while under the influence of medication, drugs, alcohol, ataractics or suchlike.
The participant is obliged to adhere to the terms of participation and to strictly obey instructions given by SET AG Engelberg and its activity managers. Should these terms of participation not or no longer be fulfilled by a participant or should he/she not obey instructions, SET AG Engelberg or the responsible activity manager may exclude him/her from the activity.
The cancellation terms apply for exclusion prior to commencement of the activity. Should the exclusion take place after commencement of the activity, the client has no right to a refund.
The participant is not insured through SET AG Engelberg. He/she must have sufficient individual health and accident insurance (including cover for sports injuries and rescue costs). Cancellation insurance is recommended. Despite professional and safe implementation of the activities, accidents cannot be completely ruled out. For these SET AG Engelberg accepts no liability. Participation is at your own risk.
Any complaints or damages suffered are to be communicated immediately, on site, and in writing to the activity manager. The activity manager shall confirm receipt of the list of deficiencies or damages in writing. However, the activity manager is not authorised to accept demands on behalf of SET AG Engelberg. He/she will, however, attempt to remedy the situation, as far as the programme and his/her possibilities allow. Demands for compensation must be made to the organiser within four weeks of termination of the activity, in writing, in a letter sent by recorded delivery. The
activity manager’s confirmation and any documentary evidence must be enclosed with this letter. Should your demand arrive late or should you fail to complain or complain too late during the course of the activity, all rights will be forsaken.
SET AG Engelberg accepts liability within the scope of these terms and conditions for shortcomings in the implementation of the activity, should they pertain to a cancellation of agreed services or amendments to services that are of a lesser value than those in the original agreement.
SET AG Engelberg accepts no liability for shortcomings that cannot be ascribed to any, or only to minimal fault of SET AG Engelberg or its assistants. Liability for damage to property is subject to package holiday regulations and in every case limited to the contract price and only valid for direct damages. Damages caused intentionally or through gross negligence are excepted.
With package holidays, the operator’s liability for damage to property resulting from improper or non-fulfilment of the contract is limited to twice the cost of the holiday, as long as the damage was not caused intentionally or through gross negligence. Lower liability limits in international agreements are excepted.
If an agreed service is cancelled through SET AG Engelberg’s own doing and within a reasonable period, they may replace it with an alternative service of equal value. In such cases, all claims for compensation are eliminated.
SET AG Engelberg only accepts liability for the actions of the activity manager if he/she acts culpably whilst performing his/her duties as an activity manager and his/her actions are not minimally negligent.
Should SET AG Engelberg legitimately delegate the implementation of the activity to a third-party, then SET AG Engelberg is not responsible for their acts or omissions.
Should the instructions of the organiser or his assistants not be obeyed, then all liability is removed from SET AG Engelberg.
12. Vermittlung von Partner-Aktivitäten
Should SET AG Engelberg act as an agent, selling the products and services of other suppliers (e.g. the Euro-Flugschule Engelberg, the Alpengolfclub Engelberg AG, Outventure AG Stans) then the terms and conditions of these suppliers shall apply. SET AG Engelberg accepts no liability for contractual fulfilment, accidents, force majeure, delays, programme amendments, losses and/or other abnormalities.
13. Applicable law
All legal relations between the client and the organiser are subject to Swiss law. The relevant legislation is applicable.
14. Place of jurisdiction All disputes arising from this contract shall have Engelberg as the sole place of jurisdiction.
Engelberg, June 2017