These General Condition regulate the legal relations between the client and SPI Swiss Private International SA, hereinafter called travel agency
A distinction must be made here if the travel agency is the organiser of the booked trip or offers services from third parties in its own name. In this case, these General Conditions are authentic. This also applies if the travel agency provides a trip within the meaning of point 1.3 but offers additional services in its own name.
If the travel agency only provides services from other providers (e.g. package tours) or individual services (e.g. airline tickets), the GC of these providers are valid. In this case, the travel agency is not a contracting party, but it may collect consultancy and reservation costs as well as, if necessary, modification and cancellation in accordance with the following provisions.
Conclusion of the contract
The contract with the travel agency is only carried out if the travel agency customer’s reservation has been accepted by the travel agency. From this moment are valid these GC.
Special wishes are an integral part of the contract only if they have been expressly accepted and confirmed by the travel agency.
Prices, payment methods and taxes
Prices can be found in the brochures resp. price lists. Unless stated otherwise, they are understood to be per person in Swiss francs and, for overnight stays, per person in a double room.
For price changes, the number 6 prevails.
At the conclusion of the contract, the travel agency fixes the amount and the due date of the deposit as well as the balance. If this is not the case, payment of the total price is immediately due.
If the deposit or the balance of the amount to be paid is not paid within the agreed deadlines, the travel agency may terminate the contract and assert the costs in accordance with figures 3.5 and 3.6 as well as the cancellation costs in accordance with section 4.
The travel agency may collect fees for advice and booking even if it only acts as an intermediary. These costs are communicated at the latest when booking.
In the event of a short-term reservation, the travel agency may charge an emergency supplement.
Modifications, cancellation and non-execution of the trip by the customer
Changes or cancellation of services booked by the customer must be communicated to the travel agency by registered letter. Documents already received must be returned immediately.
In the event of changes or cancellation of the services booked, the travel agency collects administration fees, even if it only acts as an intermediary. These booking fees are generally not covered by any cancellation insurance.
In the event of cancellation of the entire trip or parts of it, the cancellation fees are added to the booking fees, even if the travel agency only acts as an intermediary.
In the event of a package comprising only one flight, the airline’s possible cancellation costs will be invoiced in addition. They generally amount to 100% of the price.
Other conditions are possible. If necessary, the travel agency communicates them when booking.
The travel agency recommends that you always take out cancellation insurance including assistance and healing costs, as long as these are not already included in the services booked.
If the customer cancels the trip, he is entitled to present a replacement person for the trip in question, provided that said person is accepted by all providers. The replacement person must be willing and able to accept the contract under the existing conditions. In particular, it must fulfill any conditions relating to health, vaccinations, official prescriptions, etc.
The customer and the replacement person are jointly and severally liable for the entire price in addition to the additional costs involved and the administrative costs according to figure 3.
Modification of the contractual service by the travel agency
The travel agency reserves the right to modify the services fixed before the reservation. The travel agency informs the client before booking.
Price increases after booking are exceptionally possible in the event of an increase in transport costs, the introduction or increase of taxes or official fees or in the event of fluctuations in the exchange rate.
In the interest of the client, the travel agency also reserves the right to modify, before the start of the trip and for important reasons, the services contractually agreed. The travel agency strives to offer the customer replacement services of equal value and to inform them of the consequences on the price. Subsequent claims by the customer are excluded.
The rights of the client, according to art. 8 ss of the Package Travel Act, remain reserved.
Cancellation of the trip by the travel agency
If the customer provides a legitimate reason, the travel agency can withdraw from the contract and claim the costs according to figures 3.5 and 3.6 as well as the cancellation costs according to figure 4 as well as compensation for possible damages.
If the minimum number of participants is not reached, the travel agency may cancel the trip up to 30 days before departure, as long as nothing else is mentioned. The trip can also be canceled in the event of force majeure, strikes or administrative measures or for other reasons which make the trip impossible, jeopardize or considerably complicate it. In all these cases, the travel agency offers the client a replacement trip. If it is cheaper, the difference in price is refunded to the customer. If the customer gives up the replacement offer, he receives in return the total amount already paid. Subsequent claims by the customer are excluded.
Interruption of the trip by the customer
If the customer interrupts the trip prematurely, the price cannot be refunded. He may be reimbursed for unused services, provided that these are not charged to the travel agency. The costs of the return trip are the responsibility of the customer.
The travel agency recommends that the customer take out insurance accordingly.
Complaints during the trip
Complaints must be addressed immediately to the local representation or to the service provider and free assistance must be required. If sufficient assistance is not provided within a reasonable time, the customer must have this deficiency confirmed in writing. The local representation or the service provider are required to do so. If the deficiency noted is minor, the customer can take responsibility for remedying it himself. The resulting costs are reimbursed by the travel agency against proof, provided that they are within the scope of the agreed contractual services and that the customer has complained of the deficiency and has confirmed it in writing.
If the client intends to assert claims against the travel agency, he must do so in writing within 30 days after the end of the trip covered by the contract, failing which he will lose his rights.
The travel agency is responsible within the framework of art. 14 and s. of the Package Travel Act conscientious choice, organisation and acquisition of agreed travel benefits.
The travel agency declines all responsibility for delays or changes in flight or other schedules and for the costs arising therefrom.
The travel agency declines all responsibility for the theft and loss of telecommunications, valuables, cash, checks and credit cards or their misuse.
The customer is himself responsible for the transport of animals. The travel agency declines any responsibility on this subject.
For damage other than bodily injury, the travel agency’s liability is limited to a maximum of twice the price of the contractual services, provided that the travel agency did not cause the damage intentionally or through gross negligence. Liability only includes immediate damage. Larger limits of liability remain reserved within the framework of international conventions or national laws.
SPI Swiss Private International SA recommends that the client take out insurance accordingly.
The travel agency declines any responsibility for cases of force majeure, strikes, disturbances, acts of war or terrorists or official decisions of all kinds. The customer is required to inform himself about any dangers that may be linked to his stay in the country concerned. Any liability for vacations not taken and for other claims of this type is excluded.
Entry requirements, travel documents and visas
The information in the travel documents on passport and entry requirements is only valid, as far as nothing else is mentioned, for EU and EFTA citizens. The customer is himself responsible for the travel documents and the visa. If entry to a country is refused, the customer must himself bear the costs of the return journey.
Before any legal action against the travel agency, the client should contact the independent ombudsman (mediator) in the travel branch. He strives to obtain a fair and balanced agreement. The address is as follows: Ombudsman for the Swiss travel industry, 8038 Zurich.
Applicable law and place of jurisdiction
The legal relations between the parties are subject exclusively to Swiss law.
ourt of jurisdiction is Geneva 15 Airport.
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