(according to the model and recommendations of the Swiss Federation of Travel Agencies)
1. What these general terms and conditions of travel contract govern
1.1 These general terms and conditions of contract and travel govern the legal relationship
between you and CHARTER VOYAGES SA with regard to the travel arrangements
arrangements made by the agency or other services offered by the agency in its own name.
name.
1.2 They do not apply to travel and services relating to “flight-only arrangements” (e.g. tickets, flights, etc.).
arrangements” (e.g. APEX/PEX flight tickets) or to individual services provided by the agency in its own name.
CHARTER VOYAGES SA; in such cases, the general terms of contract and conditions of carriage
of the responsible airlines and service providers apply.
If your booking office provides you with travel arrangements or certain services
other organizers or service providers, you enter into the contract with these companies and their
their own terms and conditions of contract. In this case, the agency
CHARTER VOYAGES SA is not your contractual partner.
2. Registration / How the contract between you and CHARTER VOYAGES SA takes effect
effect
2.1 The contract between you and CHARTER VOYAGES SA comes into effect when your
booking office is accepted without reservation. From that moment, the rights and
rights and obligations arising from the contract (including these General Conditions of Contract and
conditions of contract and travel) apply to both you and the agency.
2.2 If the person booking books other participants for the trip, he/she is responsible for their contractual
their contractual obligations (in particular payment of the trip price) as their own.
The contractual cover and these general terms and conditions of contract and travel
apply to all participants in the trip.
3. Services
3.1 Our services are specified in the brochure or travel publication. Your
special requests or additional agreements only become part of the contract if they have been
confirmed in writing and without reservation by the booking office.
If nothing else is indicated in the travel publication, the services of the agency
CHARTER VOYAGES SA’s services begin at the airport in Switzerland, at the place of departure for coach tours, or at the port of departure.
or at the port of embarkation for cruises. You are responsible for
your own travel arrangements and punctual arrival at the place of departure, even if you have a
even if a connecting rail ticket was given to you with your arrangement.
4. Prices and terms of payment
4.1 Prices Prices for travel arrangements are shown in the relevant brochure/advertisement.
advertisement. Unless otherwise specified in the brochure or price list, prices are per person in
prices are per person, in Swiss francs, accommodation in a double room. The
Prices valid at the time of booking are binding. For price changes, see
section 6.
4.2. Payment
4.2.1 The following advance payments must be made on conclusion of the contract: Fr. 200 per person
person for inter-city travel and travel within Switzerland, Fr. 400.- per person for all
all trips to Europe, the Mediterranean and Arabia, Fr.
800 per person for overseas trips.
4.2.2 Unless otherwise agreed, the balance of the trip price must reach the booking office
at least 21 days prior to departure. Unless otherwise agreed, all documents will be
documents will be delivered or sent to you upon receipt of your full payment.
invoiced amount.
4.2.3 If payment of the deposit or balance is not received on time, the agency
CHARTER VOYAGES SA has the right to refuse travel services.
4.3. Short-term bookings If you book your trip less than 22 days before the departure date
departure date, confirmation requests to hotels etc. may be necessary.
In this case, you will be charged for telephone, fax, telex and telegram costs. In the case of
short-term bookings, the full amount of the invoice must be paid on conclusion
of the contract.
4.4 Booking fees: If you wish to book a “land arrangement” (without transportation
and/or return from Switzerland),
we charge a booking fee of fr. 60.- per person, up to a maximum of fr. 120.- per order.
order. The same applies to “hotel-only” stays of up to three nights.
nights.
5. If you change your booking or travel program, or if you are unable to
unable to undertake the trip (cancellation)
5.1 General: If you wish to change your booking or cancel your trip, you must do so in writing.
trip, you must
notify the booking office in person or by registered letter, returning at the same time
the travel documents you have received.
5.2 Processing fee: A processing fee of Fr. 60.- per person, up to a maximum of Fr. 120.- per order, will be charged.
order, is charged as an administration fee (see section 5.3). In the event of a booking change
reservation, e.g. change of name, appointment of a replacement traveler, change of travel dates
change of travel dates within the program period, reservation of ancillary services
change of departure point or destination, or if you cancel your trip.
you cancel the trip. If modifications or booking changes are requested for a period
requested for a period not covered by the travel publication, the cancellation conditions
cancellation conditions (section 5.3.) apply. These booking fees are not covered by any cancellation cost insurance.
by any cancellation cost insurance.
5.3 Cancellation charges
5.3.1 In the event of modification, rebooking or cancellation less than 22 days
before the departure date, the following cancellation fees will be charged in addition to the booking fee
(section 5.2):
21 to 15 days before departure: 20% of the tour price
14 to 8 days before departure: 40% of the tour price
7 to 0 days before departure; non-appearance: 80% of the tour price.
5.3.2 Differing cancellation charges (e.g. for arrangements for specific events, special dates
special dates (holidays) and by special means of transport are indicated in the
in the travel publication.
5.3.3 The date of cancellation or change is determined by receipt of your declaration at the booking office.
date of cancellation or change. For Saturdays, Sundays and public holidays, the next working day
consecutive working day.
5.4 Cancellation cost insurance: In cases of compelling necessity, cancellation costs are
are covered by cancellation cost insurance, provided you have taken out such insurance or it is
included in the package. Benefits are based on the
clauses of the insurance policy. If you cancel your trip, the cancellation cost insurance premium
premium remains payable.
5.5 Replacement traveler: If you are obliged to cancel your trip, you may designate a replacement traveler.
designate a replacement traveler. This person must accept the contract under the
conditions. If a replacement traveller accepts the contract, you and he/she are jointly and severally
(jointly and severally) for payment of the total price of the trip and the booking fee, see section
5.2.
CHARTER VOYAGES SA will inform you within an appropriate period of time whether the indicated
can participate in the trip. For trips with special participation
conditions of participation, a check is essential. If you nominate
replacement traveler too late, or if he/she cannot take part in the trip due to travel conditions
conditions, official regulations, legal requirements, etc. your
will be considered as a cancellation (section 5.2.ff.).
6. Changes to brochures, prices and transport
6.1 Changes prior to conclusion of contract: CHARTER VOYAGES
SA expressly reserves the right to modify the information in the brochure, the description of services
in the brochure, the description of services and the prices appearing in the brochures and price lists. In such
your reservation office will inform you before the contract is concluded.
6.2 Price changes after conclusion of the contract: Price increases may occur
may occur after
a) a subsequent increase in transport costs (including fuel costs)
b) the introduction or increase of official taxes and fees (e.g. airport, landing, disembarkation or departure taxes),
landing, disembarkation or embarkation taxes), introduction of or increase in government
or taxes, price increases due to official measures, etc.
c) changes in exchange rates.
If the cost of these services inherent in the trip increases, it may be charged to you, and the price of the trip will be increased accordingly.
and the price of the trip will be increased accordingly. The price increase must be notified
3 weeks before departure at the latest. If it exceeds 10%, you may exercise your rights in accordance with
section 6.4.
6.3 Modification of the program or changes to the transportation schedule
between your reservation and the departure date.
CHARTER VOYAGES SA reserves the right to modify the travel program or certain
the travel program or certain agreed services (e.g. accommodation, means of transport
means of transport, airlines, flight times, etc.). In the event of
force majeure or if unforeseeable or unavoidable circumstances so require, Agence Pool will do its utmost to
Pool will do its utmost to offer you a replacement of equivalent quality.
CHARTER VOYAGES SA will inform you as soon as possible of any such changes
changes and their impact on the price.
6.4 What rights do you have if, after conclusion of the contract, the price of the trip is increased, the programme
program is altered, or if there are changes to transport arrangements.
If changes to the program or to certain agreed services significantly alter an essential
contract, or if the price increase exceeds 10%, you have the following rights
have the following rights:
a) You may accept the change to the contract;
b) you may withdraw from the contract in writing within 5 days of receiving our communication
communication and the price of the trip already taken will be refunded;
c) you can let us know within 5 days of receiving our communication
that you wish to participate in one of the replacement trips of equivalent quality
offered. We will do our best to provide you with a suitable trip. If
the replacement trip is less expensive, the price difference will be reimbursed. If it is
more expensive, only the price originally agreed will be payable.
In the absence of news from you on the basis of paragraphs B) and C) above, we will assume that you accept the price increase.
that you accept the price increase, the program modification or the change to certain
agreed services (the 5-day time limit will be respected if you hand in your communication
communication on the 5th day to the Swiss post office, letter A).
7. Cancellation by CHARTER VOYAGES SA
7.1 Cancellation for reasons for which you are responsible: The agency CHARTER VOYAGES
SA is entitled to cancel your trip if you give it a valid reason by your acts or
omissions. In this case, CHARTER VOYAGES SA will reimburse the price of the trip already paid.
any other claim on your part is excluded. Cancellation fees
as per ch. 5.2ss. and any other claims for damages remain reserved.
7.2. Minimum number of participants: All trips offered by CHARTER
VOYAGES SA require a minimum number of participants. If the minimum number of
participants, CHARTER VOYAGES SA may cancel the trip at the latest
3 weeks before departure at the latest.
7.3 Force majeure, strikes: In the event of unforeseeable force majeure (natural disasters
epidemics, unrest, etc.),
by the authorities, or strikes, significantly hinder or compromise the trip, or make it
the trip or make it impossible, CHARTER VOYAGES SA may cancel the trip.
cancel the trip.
7.4 Trip cancellation by the Pool agency for other reasons: The agency CHARTER
VOYAGES SA has the right to cancel the trip for other reasons. In this case, your rights
are set out in section 6.4.
7.5 Compensation for incidental expenses: If the trip has to be cancelled because the minimum
minimum number of participants is not reached
(para. 7.2) or for any other reason (para. 7.4) and you do not participate in any alternative trip, we will pay you a
we will pay you an incidental expense allowance of CHF 60 per person,
up to a maximum of CHF 120 per order. No compensation for incidental expenses will be paid
for trips involving special programs (theater, concerts, sports, fairs) or specially
specially designed for a group according to your instructions.
8. Modification of the program, failure to provide services during the trip
8.1 CHARTER VOYAGES SA may modify the program or certain services
for legitimate reasons, as long as this does not result in a significant change to the program or the
program or the character of the trip.
8.2 In the event of a program change affecting a significant part of the agreed trip, the
during the trip, the agency will credit you for any material loss between the price
between the price paid for the agreed trip and the price of the services provided (see
section11).
9. You start the trip but are unable to complete it: If you are forced to interrupt the trip prematurely
prematurely, the price of the travel arrangement cannot be refunded.
Any unused services will be reimbursed – after deduction of a fair handling fee – insofar as they have not been used.
will be reimbursed – after deduction of a fair handling fee – insofar as they are not charged to Charter Voyages.
Charter Voyages. In urgent cases (e.g. illness or accident of the person concerned, serious illness
or death of a close relative), the travel guide, the local agency of CHARTER
VOYAGES SA or the service provider will help you as far as possible to organize your
premature return. Any costs incurred (transport, etc.) are your responsibility. Please note
that you can take out repatriation insurance, which is not included in the
in the price of your trip. Your booking office will be happy to provide you with any
your booking office.
10. If the trip gives rise to a complaint on your part
10.1 Complaints and requests for assistance: If the trip does not correspond to what has been
agreed upon in the contract, or if you
damage, you must immediately, i.e. on the same day, notify the guide
CHARTER VOYAGES SA guide, to the local CHARTER VOYAGES SA agency or to the
a complaint about the defect found or the damage suffered, and to request that the defect or damage
free of charge.
10.2 The guide, the local CHARTER VOYAGES SA agency or the service provider will do their utmost to
within an appropriate period of time. If no assistance is provided within an appropriate period
the trip, or if it proves insufficient, you must obtain written confirmation of the shortcomings
by the guide, the local agency or the service provider,
local agency or service provider. The guide, local agency or service provider must draw up
a written report on the facts and record your complaint. However, they are not
entitled to recognize any claims for damages. If, against all
impossible to contact the guide, local agency or service provider, please contact us directly.
please contact us directly. Please refer to your travel documents
travel documents.
10.3 Personal intervention: If you do not receive assistance within a period appropriate to the
and if it is a major defect, you are entitled
you have the right to remedy the defect yourself. You will be reimbursed for any costs
will be reimbursed within the scope of the originally agreed services (hotel category,
means of transport, etc.). This is subject to you having lodged
you have lodged a complaint against the defect and requested written confirmation in accordance with sections 10.1 and 10.2
(see also section 11).
10.4 How to assert your rights against CHARTER VOYAGES SA: If you wish to assert defects
claim defects, refunds or damages from CHARTER VOYAGES SA.
CHARTER VOYAGES SA, you must submit your complaint in writing within one month of the
month following the end of the contractually agreed trip.
10.5 Loss of rights: If you fail to report defects or damage in accordance
10.1 and 10.2, you lose and forfeit your right to assistance,
personal intervention, reduction of the trip price, cancellation of the contract and damages
damages, etc. The same applies if you have not submitted your claims to us in writing
within one month of the contractually agreed end of the trip.
11 Liability
11.1 General: CHARTER VOYAGES SA will compensate you, within the framework of the provisions
for the value of agreed services that have not been provided or have been provided incorrectly,
additional expenses or damage incurred, insofar as the guide, local CHARTER VOYAGES SA
CHARTER VOYAGES SA’s local agency or the service provider were unable to provide a replacement
of equivalent quality.
11.2 Limitations and exclusions of liability
11.2.1 International agreements and national laws: If international agreements or national laws
provide for restrictions or exclusions of reimbursement for damages resulting from the
resulting from the non-performance or imperfect performance of the contract, CHARTER VOYAGES
VOYAGES SA is only liable within the framework of these agreements or laws. There are
international agreements and national laws providing for restrictions or exclusions of liability
transport (air traffic, navigation on the high seas, rail traffic, etc.),
rail traffic, etc.).
11.2.2 Exclusion of liability: CHARTER VOYAGES SA assumes no liability to you
to you when the non-performance or imperfect performance of the contract is attributable to the following causes
attributable to the following causes:
a) failure on your part before or during the trip;
b) unforeseeable or insurmountable failures attributable to a third party not involved in the
provision of the services provided under the contract;
c) a case of force majeure or an event that CHARTER VOYAGES SA, the retailer or the
despite all due care, could not foresee or against which they could do nothing.
against which they could do nothing.
In such cases, any liability for damages on the part of CHARTER VOYAGES SA
is excluded.
11.2.3 Personal injury: The agency CHARTER VOYAGES SA is liable for personal injury
resulting from the non-performance or imperfect
of the contract within the framework of these general terms and conditions of contract and travel
international agreements or applicable national laws.
11.2.4 Other damages: The liability of CHARTER VOYAGES SA is limited to
limited to a maximum of twice the price of the trip for other damages (e.g. material
(e.g. damage to property) resulting from non-performance or imperfect performance of the contract, unless
the damage was caused intentionally or by gross negligence. The following are reserved
the present general terms and conditions of contract and travel, as well as any international agreements
agreements or applicable national laws which provide for greater restrictions or exclusions of
liability.
11.2.5 Valuables, cash, jewelry, credit cards, etc.: We expressly draw your attention to the fact that you are personally responsible for the safekeeping of your valuables.
that you are personally responsible for the safekeeping of your valuables, cash, jewelry
valuables, cash, jewelry, credit cards, cameras, video cameras, etc.
In hotels, valuables must be deposited in the safe. You should never
leave valuables unattended in a car or anywhere else.
We accept no responsibility for theft, loss, damage or misuse of checks,
credit cards etc.
11.2.6 Schedules: Even with the most meticulous planning, we cannot guarantee that
guarantee that schedules will be adhered to. Delays may occur, due to traffic congestion
traffic, traffic jams, accidents, airport congestion, diversions, slow-downs, etc.
border crossings, etc., for which we cannot be held responsible. for which we are not responsible.
We strongly advise you to take the possibility of delays into account when planning your trips.
your travel plans.
11.3 Events during the trip: In addition to the agreed travel program, it may be possible to book
sometimes possible to sign up for local events or excursions during the trip.
excursions. Such events or excursions may involve certain risks.
risks. You alone are responsible for deciding whether or not to participate. These events or excursions
excursions are organized by third-party companies (subcontractors). Consequently, the agency
CHARTER VOYAGES SA is not your contractual partner and therefore assumes no liability.
responsibility.
12. Insurance: The liability of travel, transport and aviation companies is limited.
limited. CHARTER VOYAGES SA therefore recommends that you take out additional
additional insurance, e.g. baggage, cancellation costs, accident,
illness, special repatriation costs, etc.
If you take out compulsory cancellation costs insurance: If you already have
private cancellation-cost insurance, you have the option of signing a waiver at the time of booking.
at the time of booking. In this case, you are personally responsible for payment
payment of any cancellation charges.
13. Health, visa and entry requirements
13.1 Information on passport and entry requirements can be found in the travel publication
in the travel brochure or in your
registration confirmation. They apply to citizens of Switzerland and Liechtenstein.
Citizens of other countries are requested to state their nationality at the time of booking,
so that the booking office can inform them of the relevant regulations.
13.2. You are personally responsible for issuing or extending travel documents
travel documents, as well as the necessary visa application. If a travel document
cannot be obtained, or is issued too late, and you are therefore obliged to cancel the
cancellation clauses apply.
13.3 Travellers are personally responsible for complying with all entry, health and
and currency requirements. Before departure, please check that you are carrying all the required
required documents.
13.4. CHARTER VOYAGES SA draws your attention to the fact that if you are refused entry to the country
entry into the country, the cost of the return journey will be borne by you. The agency also
your attention to the legal provisions governing the import of goods and other
goods and other prohibited imports.
14. Reconfirmation of flight tickets
You are personally responsible for any reconfirmation of the return flight for unaccompanied
unaccompanied travel. Please refer to your travel documentation for details.
Failure to reconfirm may result in forfeiture of the right to transportation, with any additional costs
any additional costs will be borne by you.
15. Guarantee
CHARTER VOYAGES SA is a member of the Guarantee Fund of the Swiss Travel Industry.
travel industry. It guarantees the amounts you have paid to book your travel package.
package tour. The brochure “A guaranteed outward and return journey! – is at your disposal.
16. Ombudsman
16.1 Before submitting a dispute to a court of law, you should contact the independent
of the Swiss travel industry. He will endeavour to find an equitable solution
between you and the travel agency with which you have booked.
you have booked.
16.2. Address of the ombudsman:
Swiss Travel Industry Ombudsman
P.O. Box 383
8034 Zurich
17. Applicable law and place of jurisdiction
17.1 The legal relationship between you and the agency CHARTER
VOYAGES SA.
17.2 The nullity of certain provisions of the contract does not entail the nullity of the entire contract.
17.3 It is agreed that only the courts of Geneva are competent to hear actions
CHARTER VOYAGES SA.
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