Allgemeine Geschäftsbedingungen

1. CONTRACT


1.1. cyou in Switzerland GmbH (Ltd.), in the following text referred to as cyou, organizes trips for you. These general terms and conditions regulate the relationship between you and cyou if you conclude a contract directly with cyou and if these conditions are expressly mentioned as part of the contract. Otherwise your booking office alone is your contractual partner. 1.2. If travel arrangements or individual services from other tour operators or service companies are arranged through your booking office, their own contractual and travel conditions apply. Likewise, cyou's insurance cover is not applicable to these external services. The general contract and travel conditions of the responsible airlines and train companies apply to all flight and train tickets brokered by cyou. In these cases, cyou is not a contracting party and you can therefore not rely on the present general contract and travel conditions. 1.3. Special requests may only be accepted by travel agencies if they are designated as non-binding. Please note that our services generally apply from arrival in Switzerland. We refer to the respective travel itinerary. You must therefore make sure that you are at the place of departure at the time specified in the travel program. 1.4. If you wish to change the names of the travel participants and the travel date after the contract has been concluded, we will charge you a fee of CHF 60 per person, max. CHF 120 per order. For cancellations / rebookings, the cancellation policy according to Article 5 applies. 1.5. Passport and Visa Various regulations apply for entering Switzerland. A basic distinction is made between citizens of EU and EFTA countries and those of other countries. The State Secretariat for Migration is the responsible authority in Switzerland. You will find information about entering into Switzerland (requirements, short-stay calculator, visa obligation, etc.) on the webpage of the State Secretariat for Migration (SEM). 1.6. Vaccination No mandatory vaccinations are required for entry into Switzerland. A vaccination against tick-borne encephalitis (TBE), which can be transmitted by ticks, is recommended if exposure is expected in the designated infection areas (e.g. during hiking holidays)




2. PRICES AND PAYEMENT


2.1. Website prices
The prices for the travel arrangements can be found on www.cyou.ch.
Package prices of our arrangements are understood in Swiss Francs per person for accommodation in a double room in a 3-star hotel or higher, unless it is identified as a camping trip. Our prices are understood as cash payment prices. An additional charge may apply for credit card payments. 2.2. Consultations and reservation We draw your attention to the fact that, in addition to the prices mentioned on our website, your booking office can also collect costs for reservations and processing. 2.3. Payments
The travel arrangements are to be paid as mentioned below before starting the trip: A deposit of 20% of the package price upon reservation, but at the latest after you have received confirmation of the reservation from us. The remaining payment has to be received at least 30 days before departure. 2.4. cyou expressly reserves the right to change the information, service descriptions, prices on our website and flyers. If this is the case, your booking agent will inform you before concluding the contract. The following are examples of cases in which the prices indicated on the cyou website might have to be increased: - tariff changes of transport companies (e.g. fuel surcharges) - newly introduced or increased fees and taxes (e.g. departure taxes or national park fees) - State-imposed price increases (e.g. VAT) - Exchange rate changes. If the price increase is more than 10% of the originally booked price, you have the right to withdraw from the contract free of charge within 5 days of receipt of our notification for a full refund of your payment.




3. COMPLAINTS DURING THE TRIP


3.1. If the trip does not correspond to the description of the cyou website or the order confirmation or you are otherwise not satisfied, you are entitled and obliged
to request immediate and free support from your tour guide. If it is not possible to amend the situation, you must request a written confirmation from your guide.
3.2. If cyou or the responsible tour guide does not offer a suitable solution within 48 hours at the latest, you can take action yourself. The costs you will incur will be replaced by cyou, but only within the scope of the originally ordered services and upon presentation of the receipt. If the defects that have occurred are so serious that you cannot be expected to continue the trip, you must request confirmation from your tour guide. The cyou tour guide is obliged to record the facts and your complaints in writing. 3.3. You must submit your complaints and the tour guide's records to cyou in writing within 30 days of your return.




4. LIABILITY


4.1. cyou refunds you for the value of agreed but not performed services or your additional expenses, if cyou or the tour guide was not able to provide an equivalent replacement service on the spot. The amount of the refund is limited to a maximum of twice the price you paid for the travel arrangement. No liability is accepted for program changes due to flight delays or strikes. In particular, cyou is not liable for changes in the travel program that are due to force majeure, official and legal measures, delays by third parties for which cyou is not responsible. 4.2. Personal injury, accidents and illnesses For personal injury caused by culpable non-fulfillment or improper fulfillment of the travel arrangement by cyou or by a company commissioned by cyou. Last mentioned, provided that you assign your claims for damages to cyou. In liability cases that arise in connection with air transport or with the use of other transport companies (railway, ship, bus companies, etc.), the amount of the compensation claims is limited to the amounts resulting from the applicable international agreement or national laws. 4.3. cyou is liable for the damage that arises as a result of theft and damage to property and is culpably caused by cyou or by a company commissioned by cyou, unless you receive no compensation otherwise, e.g. from your insurance company, and you assign your claims against those responsible for the damage to cyou. The amount of the refund remains limited to twice the price you paid for the travel arrangement. In liability cases that arise in connection with air transport or with the use of other transport companies (railway, ship, bus companies, etc.), the compensation claims are limited to the sum that results from the applicable international agreements or national laws. 4.4. Special events or excursions outside the travel program can be booked locally. It cannot be ruled out that one or the other event is associated with risks due to the special local conditions or demands physical requirements that not everyone brings. Cyou cannot accept any liability for bookings of local excursions that are not made through cyou or the travel agency. 4.5. Insurance
We recommend you to have a travel insurance (return travel expenses, luggage, accident insurance, etc.) to cover travel risks if you do not already have adequate insurance cover.




5. CANCELLATION CONDITIONS AND CHANGES


5.1. Cancellation of the trip by you
Until the beginning of the cancellation period, we only charge a general processing fee of CHF 60.– per person for a cancellation or change (name change, change of travel date, change of accommodation), but no more than CHF 120.– per order. In the case of tailor-made trips that have been specially put together for you, this amount doubles due to the considerable additional effort. After the start of the cancellation period, the conditions according to paragraph 5.2. apply.
5.2. If it becomes necessary to cancel your holiday, you must notify cyou immediately in writing. The cancellation will take effect upon receipt of your written notice by cyou. Your cancellation fee will be determined according to the following formula: Number of days prior to trip start: 55 - 30 days: 30% of trip price 29 -15 days: 50% of trip price 14 - 8 days: 80% of trip price 7 - 0 days: 100% of trip price There is no refund for arriving late or leaving a trip early or any unused services/activities included in the price. However, cyou will make every effort to get you a refund if you couldn’t partake in an activity. This does not apply in the case of minor activities, or if the refund would contravene legal or official regulations. All activities are undertaken at your own risk. cyou is responsible for carrying out the services that are agreed to in the contract, within safety limits. In urgent cases (e.g. your own illness or accident, serious illness or death of a close person), cyou will help you organize the early return journey as far as possible. 5.2.1. Deviating cancellation costs
Deviating cancellation costs can be found in the respective program announcement or on the order confirmation. 5.3. Substitute person
If you cannot start the booked trip, you are able to inform us of a substitute who is willing to take the trip in your place under the same conditions and to take over the travel arrangement you booked, so cyou will only charge you the processing fee. The entry of a replacement person is permitted in consultation with your travel agency, subject to the organizational possibilities (e.g. time period for obtaining the visa). The replacement person must meet the special travel requirements and there must be no legal or regulatory requirements to prevent you from participating in the trip. In the event of the arrival of a replacement person, you remain personally liable to cyou in addition to the replacement person for the payment of the travel arrangement and any fees.




6. CYOU CANNOT CARRY OUT THE TRIP AS AGREED OR MUST CANCEL THE TRIP PREMATURELY


7.1. Cancellations for reasons for which your are accountable
cyou is entitled to cancel a trip if you give legitimate cause through your actions or omissions. In this case, cyou will refund the travel price already paid - further claims are excluded. Cancellation costs and further claims for damages remain reserved.
7.2. Not enough participants
For some trips we offer, there is a minimum number of participants, which can vary. If there are too few participants in a trip or if there are special circumstances that force cyou to change the services offered on the website or the offer before departure, cyou can cancel the trip at least 22 days before the scheduled start of the trip. In this case we strive to offer you an equivalent replacement program. If you waive the replacement program, we will reimburse you for all payments that have already been made, plus a handling fee of CHF 60 per person booked, up to a maximum of CHF 120 per order. Further claims for compensation are excluded. 7.3. Force majeure and strikes
If a trip cannot be started from cyou's point of view or must be stopped prematurely due to force majeure (e.g. natural disasters, political unrest), official or legal measures or due to strikes, cyou is authorized to subtract from the reimbursement of your payment the amount of proven expenses already done by cyou. Further claims for compensation are excluded.




7. LIMITATION PERIOD


Claims for damages against cyou for whatever reason expire within one year. The limitation period begins on the day following the end of the booked travel arrangement.




9. PLACE OF JURISDICTION


Swiss law is exclusively applicable to the relationship between you and cyou. The place of jurisdiction for lawsuits against cyou is Geneva.





CYou in Switzerland GmbH

www.cyou.ch

info@cyou.ch

CYou in Switzerland is a travel agency for customized private tours in Switzerland. 

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