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 "Organizer") and the natural person who makes use of the services of the Organizer ("Participant") and is the contractual partner.
2. Subject matter of the contract
The subject matter of the contract is the rental of water sports equipment or the organization of guided tours with water sports equipment (both referred to in this contract as "activity"). The booking confirmation from the organizer is authoritative.
The organizer undertakes to provide the activity in a professional manner and to provide water sports equipment suitable for the intended use.
In return, the participant undertakes to pay the organizer the contractually agreed price and to use the water sports equipment provided with care.
Service extensions can be agreed, provided the organizer 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 by email for group requests. Free places cannot be guaranteed. Early registration is recommended.
A short-term booking on the day of the activity is exceptionally possible by telephone or at the check-in on site, but requires a corresponding confirmation from the organizer.
With the booking of an advertised service of the organizer, a binding contract is concluded between the organizer and the participant on the basis of these GTC. By submitting the registration, the participant accepts these GTC as an integral part of the contract between him/her and the organizer.
The booking participant will automatically receive an electronic booking confirmation upon booking. If the participant does not receive this, he/she is responsible for ensuring with the organizer that the booking has been received and confirmed.
For 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 organizer 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 organizer on the day of the booked activity.
Any consequential costs arising from a failure to report or an incomplete report 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 organizer'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 organizer (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
In all cases, the participant is obliged 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
After receipt of the booking confirmation, the entire 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 completed.
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 canceled in writing up to 48 hours before the reserved activity. The time of receipt of the notification by the organizer is decisive. In the event of cancellation of a booking for which a reservation fee has been paid, this fee shall remain with the organizer. If no advance payment was made at the time of booking, the customer will receive an invoice for the reservation fees listed below. If the full amount was paid at the time of booking, a refund will be made less the reservation fees according to the following list (per item booked):
Inflatable boat: Fr. 30.00/boat
Septipus: Fr. 30.00/boat
Kayak: Fr. 20.00/kayak
SUP: Fr. 15.00/sup
Tube: Fr. 10.00/tube
Alternatively, the booked service can be postponed to another date within the same summer season at no extra 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 organizer 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 consent of the organizer and for a fee of CHF 10.00 per postponement.
7. cancellation or program changes by the organizer
a) Minimum number of participants
If a minimum number of participants has been communicated and is not reached, the organizer is entitled to cancel the activity at short notice or to combine groups. In this case, the organizer will endeavour to offer a suitable replacement service.
If it is not possible to fulfill the contract at another time or if the participant does not accept the replacement service, the 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 can be canceled or interrupted by the organizer at short notice if the participant or a member of his group shows by his behavior or omission that the careful use of the water sports equipment or the safe execution of the guided tour is endangered or impossible.
The organizer is also entitled to cancel or terminate 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 organizer, official measures or unsafe weather and/or natural conditions (in particular due to flooding), the organizer 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 participant's obligations to cooperate
For all activities it is assumed that the participant is in good health.
The participant undertakes to inform the organizer 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 organizer.
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 organizer may exclude the participant from the activity. The booked activity is payable in full.
9. insurances
The participant and his group are not insured by the organizer.
Each participant is independently responsible for taking out all necessary insurance.
10. complaints
Complaints must be reported to the organizer in writing within 24 hours of the end of the activity. The organizer must confirm receipt of the complaint in writing.
The organizer shall endeavour to solve the problem complained about as far as possible.
Claims for compensation must be submitted by registered letter 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 on their own responsibility.
Claims for damages are excluded unless caused intentionally or through gross negligence on the part of the organizer.
The organizer is not liable for accidents, salvage operations and items such as electronic devices, jewelry, watches, etc. carried along.
The participant is liable to the organizer for the loss of and damage to the rental equipment as well as any recovery costs. The organizer is entitled to charge these costs to the participant's credit card.
In addition to these GTC, the organizer 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 organizer cannot be held liable for certain events, including loss, injury, damage and death. This disclaimer may also include a health declaration confirming that the participant is medically fit for the planned activity.
12. Data protection
The separate privacy policy on the organizer's website applies.
13 Applicable law and place of jurisdiction
The contractual relationship shall be 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 organizer 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.
* * * * *