GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS
of Arrow-s Travel AG
1. SCOPE OF APPLICATION AND SCOPE
1.1 Arrow-s Travel AG operates a tour operator and arranges and organises events, events and adventure trips and provides services in this context as well as in the area of life and business coaching.
1.2 The present “General Terms and Conditions”, hereinafter referred to as GTC, regulate the rights and obligations between Arrow-s Travel AG and its customers and form part of the contracts concluded between Arrow-s Travel AG as a tour operator and the customer for events, transportation, trips and other services. They claim validity unless otherwise agreed in writing by the contracting parties. The rights and obligations of Arrow-s Travel AG and the customer arise from the agreements made between Arrow-s Travel AG and the customer, these terms and conditions and, in addition, from the statutory provisions.
1.3 All ancillary contractual agreements, amendments and legally relevant declarations must be made in writing in order to be valid. The provision of services by Arrow-s Travel AG is carried out exclusively in accordance with these terms and conditions. Divergent written agreements are reserved. The customer's general terms and conditions, which Arrow-s Travel AG has not signed, are not binding.
1.4 Amendments to these terms and conditions will be notified to the customer in writing by post, in electronic form or by other suitable means and will immediately come into force within 10 working days without written consent from the customer.
2. CONCLUSION OF CONTRACT
2.1 With the booking request, the customer submits a binding offer to Arrow-s Travel AG to conclude a contract. The customer can make the booking request in writing, by fax, by e-mail, by telephone or in person. The customer is bound to the contract offer for a period of five working days. The contract between the customer and Arrow-s Travel AG is concluded upon confirmation of the customer's personal, telephone or written booking request by Arrow-s Travel AG.
2.2 Third parties engaged by Arrow-s Travel AG as part of the brokerage, distribution or provision of travel services are not authorized to make agreements, provide information or make assurances for Arrow-s Travel AG that change the information in the travel advertisement or the content of the travel contract.
2.3 The information in local, hotel or other brochures not published by Arrow-s Travel AG as the organizer as well as in Internet tenders from other companies is not binding on Arrow-s Travel AG and its performance obligations, unless it has been made through an express agreement with the customer regarding the subject of the contract or the content of the service obligations.
2.4 If the customer registers further travel participants, he is responsible for their contractual obligations (in particular payment of the travel price) as well as for his own obligations, and he will in particular pay the corresponding travel price regardless of the validity or legal effect of the contract with these other travel participants and waiving any objections and objections arising from the same at the first request from Arrow-s Travel AG.
2.5 The customer is obliged to take out adequate insurance coverage with regard to the booked trip and/or event. By booking, the customer expressly confirms that they have adequate insurance coverage and, in particular, liability insurance, which covers damage caused by the customer to third parties during the trip and/or event.
2.6 By submitting a booking request, the customer confirms that they have understood and accepted these terms and conditions without reservation. These terms and conditions apply to all customers.
2.7 For designated events offered by Arrow-s Travel AG (STREET programs), it is possible to book the “comprehensive guarantee” as an additional service. With BOXBERG programs, the comprehensive guarantee is included in the booking price. If the customer books this additional service, Arrow-s Travel AG will compensate the customer for damage caused to the customer during the operation of the event as part of guided rounds or with a coach during onboard rounds on the customer's vehicle: In this case, Arrow-s Travel AG will reimburse the customer for vehicle repair costs exceeding EUR 20,000.00 (up to the maximum total amount of damage of EUR 20,000.00 EUR 80,000.00 including excess), provided that the damage is not caused by a The customer's insurance is covered and was not caused intentionally or through gross negligence by the customer. Failure to follow instructions from a coach is considered gross negligence. The expert to be commissioned to determine the damage is appointed by Arrows-s Travel AG.
2.8 If the customer is provided with a vehicle by Arrow-s Travel AG to use and participate in an event (CarForGo), the additional “comprehensive protection” service is included in the event price. In this case, the vehicle provided has insurance coverage with a deductible to be borne by the customer in the event of damage. The amount of the excess depends on the booked program and is between EUR 3,000.00 and EUR 25,000.00. The insurance company will bear any further damage, unless caused intentionally or through gross negligence. If the cause is intentional or grossly negligent, the customer must compensate for all damage caused by him.
3. PRICES AND TERMS OF PAYMENT
3.1 Upon conclusion of the contract, 100% of the travel and/or event price is due for payment immediately, unless otherwise agreed in writing. In any case, after conclusion of the contract, the full amount of the fee must be paid no later than 10 days before the date of receipt of the service or the date of the event (payment received by Arrow-s Travel AG).
3.2 If the customer does not make payment in accordance with the agreed payment due dates, Arrow-s Travel AG is entitled to withdraw from the contract upon request and setting a reasonable deadline. In this case, Arrows Travel AG will charge the customer the corresponding cancellation costs in accordance with Section 6.
3.3 Without full payment of the fee by the customer, there is no claim to the provision of travel services and/or other services.
3.4 Customer claims can only be settled with the written consent of Arrow-s Travel AG.
4. PERFORMANCE
4.1 Services are provided professionally and with all due care by Arrow-s Travel AG. The customer is aware and agrees that Arrow-s Travel AG may have services provided by third parties commissioned by it.
4.2 The service descriptions (in accordance with brochures or contract), as they have become the basis of the contract, are binding for the scope of the contractual services. Additional agreements that change the scope of the contractual services require express written confirmation. Arrow-s Travel AG expressly reserves the right, for objectively justified, significant and unforeseeable reasons, to declare a change to the brochure information before the contract is concluded, which the customer will be informed of before booking. This does not imply any restriction of the customer's rights.
4.3 The organization of individual events or program parts offered by Arrow-s Travel AG depends on weather and weather conditions. If it is not possible to hold a specific event or part of a program due to weather conditions, an alternative program adapted to the weather conditions will be carried out.
4.4 Depending on the booked duration, the trip or event starts and ends on the agreed departure and arrival dates or start and end dates.
4.5 If the customer does not use individual services paid for by him for reasons attributable to him, Arrow-s Travel AG can only grant a partial refund if the service provider also gives Arrow-s Travel AG a credit. Arrow-s Travel AG is not obliged to provide any partial refund if minor ancillary services are involved.
4.6 Arrow-s Travel AG is only entitled to make changes to essential contractual services compared to the agreed content of the contract if these become necessary after conclusion of the contract, were unforeseeable and were not brought about contrary to good faith, and insofar as the changes are not significant and do not affect the overall character of the trip (e.g. if local cooperation partners or service providers unexpectedly for organizational, technical or safety-related reasons change transportation or accommodation). We expressly reserve the right to make any changes, even at short notice. Any warranty claims remain unaffected if the changed services are defective.
4.7 Arrow-s Travel AG will inform the customer of significant changes in services immediately after becoming aware of the reason for the change. If, under the conditions of the above provision in Section 4.6, a flight or trip must be carried out from or to a destination other than the confirmed destination, Arrow-s AG assumes the costs of replacement transport — up to the amount of a second-class rail journey — to the originally confirmed destination. Insofar as airlines are allowed to make changes to the route of flights that become necessary for important reasons, conversion of non-stop flights into flights with a stopover or transfer flights, changes from charter flights to scheduled flights and vice versa, as well as changes by airlines due to internationally valid aviation regulations, the customer is not entitled to withdraw from the contract free of charge. There is also no claim for reimbursement for any additional costs arising from such processes.
4.8 In the event of a significant change to a significant contract, the customer is entitled to:
a) to withdraw from the travel contract free of charge,
b) to require participation in a trip of at least equivalent value, provided that Arrow-s Travel AG is able to offer such a trip from its own range of offers at no additional cost to the customer, or
c) to demand participation in an inferior trip and a refund of the difference in price.
The customer must assert these rights in writing to Arrows Travel AG immediately, but no later than five days after notification of the change in the travel service or the cancellation of the trip.
4.9 Arrows- Travel AG reserves the right to change the travel or event price as follows, even after conclusion of the contract, in the event of an increase in transportation costs or charges for certain services or a change in the exchange rates applicable to the trip or event in question: If the transport costs applicable at the time of conclusion of the contract, in particular fuel costs, Arrow-s Travel AG may increase the travel price in accordance with the following calculation:
a) In the event of a seat-related increase, Arrow-s Travel AG may demand the increase amount from the customer;
b) In other cases, the additional transport costs required by the transport company are divided by the number of seats in the agreed means of transport. Arrow-s Travel AG may demand the resulting increase for the individual seat from the customer.
If duties applicable to the agreed scope of services and included in the agreed scope of services, such as port or airport fees, landing fees, embarkation or disembarkation fees, are increased vis-à-vis Arrow-s Travel AG, the latter may increase the travel or event price by the corresponding pro rata amount. If the exchange rates change after conclusion of the travel contract, Arrow-s Travel AG may increase the travel or event price to the extent that the service has become more expensive for Arrow-s Travel AG as a result. In all of the above cases, an increase is only permitted if the circumstances leading to the increase have not yet occurred before the conclusion of the contract. In the event of a subsequent change in the price, the customer will be informed immediately. Price increases must be announced no later than three weeks before departure. A price increase of more than 10% is considered a significant contract change within the meaning of Section 4.8.
5. TRAVEL AND EVENT DOCUMENTS
5.1 The customer must inform Arrow-s Travel AG if he does not receive the required documents (e.g. flight ticket, hotel vouchers, etc.) within the period notified by Arrow-s Travel.
5.2 The customer is obliged to check the documents submitted to him for accuracy and completeness, in particular for compliance with the booking. The customer is also obliged to immediately inform Arrow-s Travel AG of any discrepancies, missing documents or other discrepancies. If the customer culpably fails to comply with this obligation, he is jointly responsible for any resulting damage (Art. 99 para. 3 in conjunction with Art. 44 para. 1 of the Swiss Code of Obligations).
6. WITHDRAWAL BY THE CUSTOMER/REBOOKING
6.1 If the customer withdraws trips (overnight trips) subject to the Package Travel Act (SR 944.3, couple) before the start of the trip or does not accept the event or trip, Arrows Travel AG may demand appropriate compensation for the travel arrangements made up to the cancellation and their expenses depending on the respective travel price, provided that the cancellation is not attributable to Arrow-s Travel AG and is not a case higher There is violence.
6.2 Instead of a specific calculation in accordance with Section 6.1, Arrow-s Travel AG is entitled to lump sum the compensation on a staggered basis in accordance with the following table, taking into account the proximity of the date of withdrawal to the contractually agreed start of the trip as a percentage of the travel price:
— up to 30 days before departure: 40% of the travel price, but at least EUR 200.00;
— up to 8 days before departure: 70% of the travel price;
— from the 7th day before departure: 90% of the travel price.
The date of receipt of the customer's declaration of withdrawal by Arrow-s Travel AG is decisive for calculating the above cancellation levels.
6.3 The customer's legal right, in accordance with Article 17 (1) PauRG, to assign the package holiday to a third party who must meet all requirements for participation remains unaffected by the above conditions. The right of assignment is subject to the condition that all participating companies accept the change (e.g. hotels, airlines and shipping companies). The third party and the customer are jointly liable for payment of the price and for the additional costs arising from this assignment and rebooking.
6.4 In the case of day events or flight bookings that are not subject to the Package Travel Act (SR 944.3, PauRG), however, in the event that the customer does not attend the event or does not board the flight - regardless of the reason - the full fee for the booked event or flight is always owed. The customer has no right of withdrawal. We reserve the right to rebook in accordance with Section 6.6.
6.5 When booking events, trips or flights by business customers, the full fee for the booked event or trip is always due, even if the booked services are not purchased or only partially purchased. If the business customer cancels the booked events, trips or flights up to 60 days before the start of the event or trip, Arrow-s Travel AG is entitled to claim or withhold compensation in the amount of 80% of the agreed fee for the arrangements and expenses made up to the date of cancellation. The full fee is always due from the 59th day before the start of the trip or event.
6.6 For all summer events, both trips subject to the Package Travel Act (SR 944.3, PauRG) and day events, the customer has the option of rebooking the booking once within the same calendar year to another summer event with seats still available within the same calendar year, regardless of the reason. It is not possible to conclude the UMBUCHER GUARANTEE for pure flight bookings.
7. CANCELLATION/TERMINATION
7.1 Arrow-s Travel AG may cancel the trip and/or event due to failure to reach a specified minimum number of participants.
In the case of trips subject to the Package Travel Act (SR 944.3, PauRG), Arrow-s Travel AG can only cancel the trip if it:
a) has quantified the minimum number of participants in the respective travel advertisement and stated the time by which the customer must receive the declaration at the latest before the contractually agreed start of the trip, and
b) stated the minimum number of participants and the latest deadline for notifying the cancellation in the travel confirmation or referred to the relevant information in the travel announcement; or
c) the cancellation is due to force majeure.
7.2 Cancellation due to failure to reach the minimum number of participants must be notified to the customer no later than the 21st day before the agreed departure or start of the event. If the trip or event is not carried out for this reason, the customer will immediately receive back the payments already made. Alternatively, the customer is entitled to request participation in a trip or event of at least equivalent value if Arrow-s Travel AG is able to offer such a trip or event from its own range of offers at no additional cost to the customer.
7.3 Arrow-s Travel AG may terminate the contract without notice if the customer permanently disrupts the implementation of the trip or event or if he acts contrary to the contract to such an extent that immediate cancellation of the contract is justified. It is also considered a lasting disruption of implementation if the customer does not meet the special requirements set out in the travel or event documents with regard to his physical performance or due to health problems. In the event of termination in accordance with Section 7.3, Arrow-s Travel AG reserves the right to the fee.
7.4 Both the customer and Arrow-s Travel AG have the right to cancel the contract if the trip or event is significantly hampered, endangered or affected as a result of force majeure unforeseeable at the time of conclusion of the contract. If the contract is terminated in accordance with this provision, Arrow-s Travel AG loses its claim to the agreed fee, but is entitled to deduct the demonstrably incurred expenses before refunding the already paid fee. Arrow-s Travel AG may be obliged to take the necessary measures as a result of the termination of the contract, in particular if the contract included return transportation, to transport the customer back. The customer bears the additional costs.
8. DEFECTS AND LIABILITY
8.1 If services are not provided in accordance with the contract, the customer may demand remedy. However, the customer is obliged to immediately report a defect to Arrow-s Travel AG. If the customer culpably fails to do so, the fee will not be reduced. This obligation only does not apply if an advertisement is discernible, hopeless or unreasonable for other reasons or if Arrow-s Travel AG could not have been in the dark about the defect. The customer is obliged to immediately inform the event management or a representative of Arrow-s Travel AG of his complaint.
8.2 If a customer wishes to cancel the contract due to failure to provide the contract service by Arrow-s Travel AG or for important reasons that Arrow-s Travel AG can see due to unreasonableness, he must first set Arrow-s Travel AG a reasonable period of time to remedy the situation. This only does not apply if a remedy is impossible or is refused by Arrow-s Travel AG, or if the immediate termination of the contract is justified by a particular interest of the customer that is apparent to Arrow-s Travel AG.
8.3 Arrow-s Travel AG strongly recommends that its customers report any damage or delays in luggage transportation immediately on the spot by means of a damage report to the responsible airline. Airlines usually refuse refunds if the claim has not been completed. The damage report must be filed immediately. The customer is recommended to take out travel accident and luggage insurance.
8.4 The contractual liability of Arrow-s Travel AG for damage that is not personal injury is limited to twice the price of the trip or event.
8.5 The tort liability of Arrow-s Travel AG for property damage that is not based on intent or gross negligence is — to the extent permitted — also limited to twice the travel or event price.
8.6 This maximum liability amount applies to each customer and trip or event.
8.7 Arrow-s Travel AG is not liable to the customer if the failure or improper performance is due to omissions on the part of the customer, unforeseeable or irreversible omissions by third parties who are not involved in the provision of the contractual service, as well as to force majeure or to an event which Arrow-s Travel AG or a service provider could not foresee or avert despite all due care.
8.8 Arrow-s Travel AG is also not liable for service disruptions, personal injury and property damage in connection with services that are merely provided as third-party services (e.g. trips,
sporting events, theatre visits, exhibitions, transportation services to and from the advertised point of departure and destination).
8.9 Claims due to failure to provide the services in accordance with the contract must be made by the customer within one month of the contractually agreed date of completion of the trip or event. The claim can only be made against Arrow-s Travel AG within the deadline. After expiry of the period, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own.
8.10 Claims for damages against Arrow-s Travel AG, irrespective of the reason, expire within one year. The limitation period begins on the day following the end of the booked service in accordance with the contract.
9. PASSPORT AND VISA REQUIREMENTS, HEALTH FORMALITIES, TRAVEL CANCELLATION INSURANCE
9.1 Arrow-s Travel AG will inform its customers — insofar as this is important for the trip or event in question — in an appropriate form about the information available to nationals of the states of
EC and EFTA entry, passport and visa requirements, including the time limits for obtaining these documents and health formalities.
9.2 The customer is personally responsible for obtaining and carrying the travel documents required by the authorities, for any vaccinations required and for compliance with customs and foreign exchange regulations. Disadvantages arising from failure to comply with these regulations, e.g. payment of cancellation costs, are borne by him.
9.3 The customer is hereby expressly informed that it is possible to take out travel cancellation insurance and/or insurance to cover repatriation costs in the event of an accident or illness. The customer is expressly recommended to take out such insurance. Travel cancellation insurance or insurance to cover repatriation costs in the event of an accident or illness is not included in the respective trip or event price.
10. APPLICABLE LAW AND PLACE OF JURISDICTION
10.1 Swiss law applies exclusively to the entire legal and contractual relationship between Arrow-s Travel AG and the customer. The regulations of international agreements, which contain contractually indispensable provisions, remain unaffected.
10.2 The place of jurisdiction for the assessment of any disputes arising from this contract is Zug, Switzerland.
10.3 Should individual provisions be or become invalid or invalid, this shall not affect the validity and effectiveness of the remaining provisions. In such a case, the invalid provision must be reinterpreted or amended in such a way that the intended purpose of the regulation is achieved as far as possible.
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