My-Mountains' Terms and Conditions
1. Scope of Application
These General Terms and Conditions govern the legal relationship between the tour operator My-Mountains.com GmbH (hereafter “TO”) and the tour participants as well as third parties booking tours for tour participants or acting as agents (hereafter “Customer(s)”) for all services provided by TO, in particular the organization of excursions or trips (hereafter “Tour(s)”) and their guiding as far as tour guiding is not provided by third-party providers. For all activities of third-party providers, TO merely acts as an agent; however, such activities are carried out in the name of and according to the terms and conditions of the third-party providers. The present general terms and conditions (GTO) form an integral part of any individual contract independently of the medium through which the contract is closed.
2. Conclusion of Contract / of Booking
Bookings can be made through different distribution channels (e.g. internet, travel agency, hotel, tourist information, etc.) by telephone, online or e-mail. Once the booking is paid (deposit or full payment) the contract becomes binding.
On the occasion of the booking, Customers shall inform TO of their credit card details. If bookings for Customers are made by third parties (including bookings of Customers for other Customers), such third parties are liable both for payment of the booked service and Customers’ agreement to these GTC. The contract between the Customer or the third party making the booking, respectively, and TO is concluded with the unconditional acceptance of the booking by TO. Through the booking, the Customer as well as any third party making the booking accept the present GTC as binding. TO will not accept any non-binding reservations.
3. Rates and Terms of Payment
The Tour price per person (hereafter “Tour Price”) is stated in Swiss Francs. All prices are quoted including VAT.
The Tour Price for Day Tours is due at the time of booking.
For Multi-day Tours the deposit is due at the time of the booking. Final payment is due 90 days prior to trip departure.
4. Changes in Bookings by the Customer
TO does not offer any cancellation insurance.
5. Cancellation Policy
Cancellations must be received in writing (e.g. via email). Transactional, administrative costs, credit cards fees and bank fees cannot be refunded.
5.1 Day Tours
Day Tours (e.g. that do not require an overnight) have the following policy:
- Free of charge if cancelled up to 4 days before the experience start.
- No refund if cancelled within 3 days of experience start.
The Tours will start rain or shine. In case the weather conditions are unsafe (e.g. official meteo warnings), we may suggest for alternative option or we will issue a full refund (fees apply).
5.2 Multi-day Tours
Multi-day Tours (e.g. that require an overnight) have the following policy:
- Deposit is not refundable.
- Cancellations made between 90 days and 60 days prior to the time the experience take place are subject to a 30% cancellation fee.
- Cancellations made between 59 days and 45 days prior to the time the experience take place are subject to a 60% cancellation fee.
- Cancellations made within 44 days prior to the time the experience take place are subject to a 100% cancellation fee.
Independently from the time of cancellation some services might not be refundable.
We do not issue refunds for any activities, meals, accommodations, or other features included on a trip that you may choose not to use.
6. Cancellation by TO
It is at TO’s free discretion to cancel a Tour that is jeopardized, considerably hindered or made impossible due to force majeure, meteorological hazard, official measures, political disturbances, strikes, demonstrations, difficult traffic conditions, closed roads or similar unforeseeable events. The same applies if the minimum number of participants paying the full Tour Price is not reached. The Tour Price that has already been paid will be refunded, further compensation claims are excluded.
7. Changes & Limitations in Tour Services
TO reserves the right to change the Tour program at any time, prematurely curtail the Tour or offer alternative solutions in case of extraordinary circumstances. Any additional costs of the Tour shall be borne by the Customer. TO undertakes to immediately inform the Customer of any changes in services and/or in the program. If the alternative solution is more expensive than the initially booked Tour or unreasonable for the Customer, Customer is offered withdrawal free of charge. Refunds are effected in the same way as payment has been made. Further compensation for damages due to change(s) in Tour Prices or services is excluded.
Occasionally, for bookings made within 90 days of departure, we do not guarantee the reservation on special trains (e.g. Glacier Express), however we will provide alternative routes.
8. Terms of Participation
Tours are offered subject to the terms published by TO (e.g. with regard to language, Tour guiding, etc.). Lead Tour participants must identify themselves at the check-in before the Tour start by showing their ID or passport according to the booking; otherwise, TO may exclude both the lead Tour participants and Customers for whom the booking was made from the Tour without refund of the purchasing price. For Tours abroad, all Customers must have their ID or passport with them. Minor Customers must be accompanied by a person having the power of representation. Customers undertake to inform TO of any health problems. Adequate health and accident insurance coverage is the responsibility of the Customers (including supplementary insurance against sports accidents in case of Tours with sports activities). Joining a Tour under the influence of drugs, medicines and/or excessive alcohol is not permitted. Customers undertake to strictly comply with these GTC, the terms of participation of third-party providers, the instructions of TO, of third-party providers, of support staff as well as external Tour guides and rescue staff. TO reserves the right to exclude a Customer from the Tour with immediate effect in case of health problems, non-compliance with the terms of participation or violation of these GTC or any instructions. In case a minor Customer is excluded, the accompanying person is also excluded from the Tour. In case the exclusion is made prior to the Tour start, the terms of cancellation apply analogously. In case the exclusion is made during a Tour, the Customer has no right to a refund of the Tour Price. In case of exclusion, any and all claims for damages against TO are excluded.
If the Customer is not present in time at the departure respectively meeting point for the start of or during the Tour, TO reserves the right to exclude the Customer from the Tour after a waiting period of 5 minutes for a half-day Tour or 10 minutes for a day Tour and to depart without the Customer. In this case, the Customer is neither entitled to a refund of the Tour Price nor may the Customer claim any damages. Furthermore, Customer must pay for any additional costs (e.g. transportation back to the starting point) him- or herself.
9. Awareness of Risk
Customer fully understand the nature of the activities has chosen to engage in and find no reason why he/she is physically or mentally unable to perform the required actions in order to safely accomplish these activities. Customer is fully aware and understand that the activities in which he/she is participating in under the arrangement TO, its employees, agents, and associates are potentially dangerous and that there are risks inherent in all outdoor activities. These risks include but are not limited to, inclement weather, hazards in walking, hiking on mountain trails, general outdoor activity, and travel by train, bus, funicular, and aerial tram. Risks associated with such activities include but are not limited to serious bodily injuries, such as permanent disability, paralysis, and death. There are many risks that may arise from foreseeable or unforeseeable causes (i.e. rocks falling from above and hitting participants below). I understand that these risks may be brought about by my own actions or inactions as well as other participants and staff members of My-Mountains.com GmbH actions or inactions. Any decisions made by guides, affiliates or employees of My-Mountains.com GmbH are part of the risks of the activities listed above. Customer also understand that there may be other risks and economic or social losses unseen to me at this time. Customer fully accept all such risk and responsibilities costs, damages, and losses that may come to me in result of participating in these activities.
10. Limitation of TO's Liability
Customers undertake all activities at their own risk. Any liability of TO is limited to the Tour Price as well as any direct damages caused willfully or by gross negligence by TO. TO’s liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. TO does not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation). In case of cancellation of a Tour, TO is only liable for the refund of the Tour Price if no alternative Tour is offered. TO does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.
11. Exclusion of Liability for Offers of Third-party Providers and in Case of Force Majeure
TO does not assume any liability for the offers and services of third-party providers nor does TO assume any liability for damages based on circumstances that are beyond TO’s control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. Customer undertakes to claim any damages directly from the third-party provider.
12. Customer's Liability
All activities for which TO acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer’s own risk. TO is not liable for the consequences of any accident. TO expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, sun protection, etc.).
13. Deadline for the Assertion of Claims
Customers’ claims towards TO due to non-fulfillment or fulfillment not in accordance with the contract must be asserted within 30 days after the contractually agreed Tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the Tour guide is not sufficient. Claims received by TO after expiry of this deadline cannot be accepted anymore, except if Customers prove that they were faultlessly prevented from meeting such deadline.
14. Data Protection
Customers agree that their data, in particular Customer’s name, address, telephone number, birth date, nationality, gender and credit card details, are collected by TO for the carrying out of certain Tours according to the contract. Such data can be forwarded to third-party providers.
15. Amendments to these GTC
TO may amend these GTC at any time. Such amendments are legally binding upon notice to the Customer or publication online.
16. Severability
In case any of the provisions of these GTC shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these GTC becomes evident.
17. This is a legal binding contract
Customer has read and fully understand this agreement and is fully aware of its content and context. Customer understand that this is a legal contract and that this is a release of liability. In submitting a tour reservation and payment, Customer agree to the terms and conditions set forth above.
18. Applicable law & court of jurisdiction
The terms and conditions and the relationship between TO and Customer are governed, in the measure allowed by applicable regulations, by Swiss law. Regarding what is allowable by applicable regulations and international agreements, the parties agree that the resolution of any dispute that could arise between them according to the terms and conditions, the relationship created between them will be under the exclusive jurisdiction of ordinary courts in Switzerland.
