Thank you for your interest  in an activity with the Swiss Adventures GmbH. Upon receipt of your booking at one of the Gstaad Swiss Adventures GmbH’s sales points, a contract is established between the afore-mentioned (known hereafter as the organiser) et yourself. For this reason we ask you to read carefully the following general conditions concerning your contract.

1. Booking
Bookings can be made either in writing, by telephone, personally with the organiser  or by calling in at one of the sales points. By booking  you accept that the general conditions concerning the contract form an integral part of the contract between yourself et the organiser.

2. Purpose of the contract
The organiser is responsible for providing, within the chosen activity,  the arrangements described in his prospectus. Spécial requests can be catered for, as far as possible, with the agreement  of  the organiser. Eventual increases in cost are the responsibility of the customer.

3. Signing of the contract
On receipt of your booking either in writing,  by telephone,  personally with the organiser or at one of the sales points, a contract is agreed upon between yourself et the Gstaad Swiss Adventures GmbH, at which moment the conditions of contract between yourself et the Gstaad Swiss Adventures GmbH are binding.

4. Prix
The Prix of the activities are shown in the current Prix list of the Swiss Adventures GmbH. All Prix stated are par personne et in Swiss francs et Euro, et may be subject to change.

5. Conditions of payment
Payment can be made in cash or on invoice. Late settlement of payments authorises the organiser to withhold the arrangements or cancel the contract et to apply the cancellation charge set out in article 6, if necessary.

6. Cancellation or modification of the contract by the client
A cancellation made by a client before the start of an activity must be confirmed by registered letter et accompanied by all the documents already received such as tickets, written confirmation, detailed programmes etc. The cancellation is valid only when the organiser has received these documents. For each cancellation, the participation in the costs will be invoiced to the client as follows:

Up to 30 days before the start of the activity: CHF 40.—
From 29 to 20 days before the start of the activity: 20%
From 19 to 10 days before the start of the activity: 30%
From   9 to  1  days before the start of the activity: 75%
The same day as the start of activity: 100%

If the client’s late arrival or absence prevents the activity from taking place the client is responsible for the total payment of the Prix . Extra expenses incurred by postponing  the activity or by  the late arrival of the client are to be paid by the client. If the client joins an activity after it has started or abetons it before the end, no refund can be given. If the client changes the date of the activity up to 30 days before the fixed date, an adaptation charge of CHF 40.— par personne will be made. If the change of date takes place less than 30 days before the fixed date, then the conditions of cancellation will be applied.

7. Cancellation or alteration of the booking by the organiser before the start of the activity
If the number of people taking part is insufficient  the organiser can cancel  an activity at short notice. If the client does not wish to accept an alternative proposed activity, he will  be refunded after deduction of any  costs already  incurred. The activity can be cancelled by the organiser if the conduct of those taking part justifies this action. In this case, article 6, cancellation or alteration of the contract by the client, is applicable. If the activity is jeopardised by «force majeure», such as adverse weather conditions, natural hazards, official decisions or security risks, the organiser can immediately cancel or interrupt the activity. Payments will be refunded after deduction of expenses already incurred by the organiser. The claim to an alternative activity is excluded. All rights are reserved for changes in the programme. However, the organiser will try to offer an alternative as similar as possible to the original activity.

8. Changes of programme or interruption of the activity after signing the contract
The organiser reserves the right to change the programme of activities or modify some of the agreed arrangements when unusual circumstances render it necessary, (force majeure, adverse weather  conditions, natural hazards, official decisions or security risks ). However he must try et provide an equivalent alternative offer. If a major change is made causing a Prix increase of more than 10% the client is free to cancel.

9. Interruption of the activity by the client
If the client interrupts the activity before its conclusion, or abetons it early, he has no right to a refund. He will be liable for any extra expenses incurred.

10. Conditions of participation
The primary condition for all these activities is to be in good health . The participants must inform the organiser of any potential health problems. Taking part in an activity while under the influence of drugs, or alcohol or psychotropic medicines is forbidden. The client is responsible for keeping to the terms of participation et for strictly following the instructions of the organiser, the guides et auxiliary helpers. If the client does not keep to these conditions of participation or does not follow the instructions , the organiser has  the right to exclude him from the activity. In case of exclusion before the start of the activity, the arrangements for cancellation are valid. In case of exclusion after the start of the activity, the client foregoes any right to a refund.

11. Insurance / release from responsibility
The participant is not insured by the organiser. He must  have an independent insurance policy covering illness et accident (including sporting accidents ) . A cancellation insurance is recommended . Despite the care et competence in the organisation an activity the the risk of accidents cannot be excluded. The organiser cannot accept any responsibility if this occurs. Clients participate  at their own risk.

12. Complaints
Complaints or eventual damage suffered must be immediately notified in writing to the person responsible  for the activity et confirmed by that person. However, the person responsible for the activity is not qualified to legitimate the claims in the name of the organiser He will try to find a solution within the programme itself et  the limit of his possibilities. Demets for compensation must reach the organiser within 4 weeks of the end of the activity, in writing by registered mail. Both the confirmation of the person responsible for the activity et any other proofs should be included with the letter . In the event of a complaint or an objection arriving too late or omitted during an activity, all right to compensation will be nul et void.

13. Responsibility
The organiser is responsible within the framework of the general conditions concerning the contract, for any operational defects or for a suppression in the planning of the activity which cause a decrease in value. The participant is entitled to compensation when there is a fault on the part of the organiser or his auxiliary et when no alternative et equivalent offer can be made on the spot . In the case of other damages (non corporal) the responsibility is limited to twice the Prix of the activity (par personne). The organiser declines all responsibility for any damage or injuries whatever, which have occurred through no fault of the organiser or his auxiliary. The organiser is not responsible for acts committed by the person responsible for the activities, unless this person has committed a fault while fulfilling his duties as head of activity. When the organiser is responsible for a suppression he has the right to offer an equivalent activity within a reasonable delay. In this case all right to compensation is excluded . The organiser agrees to obtain for his clients products et offers from other activity organisers. In doing so, he cannot be held liable in any way  for the fulfilment of contract, accidents, delays, losses or other irregularities. Similarly, damages caused by a « force majeure », threat of war, epidemics, natural catastrophes et government orders are also excluded from  his responsibility. If the instructions issued by the organiser , or his auxiliary are not followed, all liability on the part of the organiser is extinguished.

14. The law applicable
All legal matters between the client et the organiser are governed by Swiss law et its legal decisions are final. If these general conditions allow for more severe limits of reponsibility, these will be applicable.

15. Court of competent jurisdiction
The only court competent for arbitration resulting from this contract is Saanen.