GENERAL CONTRACT AND TRAVEL CONDITIONS PLANET SWITZERLAND GMBH
1. Conclusion of contract
1.1. The following general terms and conditions regulate the contractual relationship between you as a traveler and Planet Switzerland GmbH (hereinafter referred to as Planet Switzerland) as your tour operator. They should show you the rights and obligations of both parties in an open and clear manner.
1.2. These General Terms and Conditions do not apply to the following trips and services: For all "flight-only arrangements" arranged by Planet Switzerland (in particular, for example, special tickets and fares), the General Contractual and Transport Conditions of the responsible airlines apply. If travel arrangements or individual services of other tour operators or service providers are arranged by Planet Switzerland, their own contract and travel conditions apply. In all these cases, Planet Switzerland is not a contracting party, and you therefore can not rely on these General Terms and Conditions.
1.3. The contract between you and Planet Switzerland comes with the unconditional acceptance of your written, telephone or personal registration. From then on, the rights and obligations arising from the contract (including these Terms and Conditions) will apply to you and Planet Switzerland effective.
2. Prices and terms of payment
2.1. Prices: The prices for the travel arrangements can be found on the website www.planetsport.ch. Prices for travel arrangements are per person in Swiss Francs for accommodation in the selected room category. Concerning price changes, please see section 4. The prices already include the necessary taxes for VAT.
2.2 A down payment of 20% of the total arrangement price must be paid no later than 30 days after the booking date or confirmation / invoice date.
2.3. The final payment for the travel arrangement must be received by Planet Switzerland at the latest 20 days before departure.
2.4 In the case that payments are not received on time, we reserve the right to deny the travel service and to assert the cancellation costs according to Section 3.3.
2.5. If you book your trip less than 30 days before departure, the full amount of the invoice is due upon the date of booking.
2.6. Costs for consultation and reservation:
We would like to point out that, in addition to the prices mentioned in the prospectus, Planet Switzerland may levy additional costs for the consultation, reservation and the Travel Guarantee Fund.
2.7. The travel documents are handed out or delivered at the earliest after receipt of the payment.
3. Rebooking and cancellation by you
3.1. General: If you cancel the trip (cancel) or want a change, rebooking the booked trip, you must notify Planet Switzerland by registered letter. The already received travel documents have to be returned to Planet Switzerland at the same time.
3.2. Processing fee: In the event of cancellation, modification or rebooking of your trip, CHF 100.- per group will be charged as a processing fee (see also section 3.3). These processing fees are not covered by any cancellation costs taken over insurance.
3.3. Cancellation costs: If you cancel the trip less than 30 before departure, if you wish to make any changes or rebookings, the following cancellation fees will be charged in addition to the processing fees (see 3.2):
30-15 days before departure: 60% of the invoice amount
14-8 days before departure: 80% of the invoice amount
7-0 days before departure: 100%. of the invoice amount
If you cancel a booked trip or individual service or do not start the journey, you are obliged to pay the following contributions as a percentage of the invoice amount:
Arrangements without transport services (flight, bus etc.)
After confirmation 20% of the invoice amount
30-15 days before departure: 40% of the invoice amount
14-8 days before departure: 80% of the invoice amount
7-0 days before departure: 100%. of the invoice amount
Arrangements with transport services (flight, bus etc.)
Flights: 100%
Hotel:
After confirmation: 20% of the invoice amount
30-15 days before departure: 60% of the invoice amount
14-8 days before departure: 80% of the invoice amount
7-0 days before departure: 100%. of the invoice amount
The cancellation date is the receipt of the written notification from Planet Switzerland. On Saturdays, Sundays and public holidays, the next working day is decisive.
3.4. Cancellation insurance:
In case of hardship, the cancellation costs are covered by a cancellation insurance, provided that you have contracted one. The benefits are based on the applicable insurance policy. If you have not yet contracted an insurance policy, we advise you to contract one at Planet Switzerland. We recommend that you take out further insurance such as: Assistance, travel insurance passport, luggage, medical expenses, lump sum due to an accident. Basically, the responsibility of the degree lies with the traveler.
3.5. Early return: If you teminate your trip early, you will only be reimbursed for travel services that have not been booked to the extent that these services are not billed or refunded to Planet Switzerland. However, there is no legal claim to reimbursement. Planet Switzerland is entitled to charge a reasonable processing fee of at least CHF 80 per person.
3.6. Substitute traveler: If you can not start your journey, you may name a replacement traveler. The entry of a substitute is usually allowed up to 1 day before start of the journey (day of departure not included). If you name the replacement traveler too late or if he can not attend, your cancellation will be considered as an annulation (see clauses 3.2 and 3.3). The replacement traveler must be ready to enter the contract under the existing conditions. He must also meet the special travel requirements (health, etc.), and no legal precedence contrary to regulations or official orders. For certain trips, due to special transport conditions, no rebooking can be made, or only up to a certain time.
3.7
Cancellations for connection with entry restrictions / requirements due to
COVID – 19
a)
Third-party services, flight services booked / brokered through us, are subject
to the provisions of the supplier or the respective airline.
b) In
the case of a quarantine at the destination, Planet Switzerland GmbH does not assume
any additional costs for e.g. Additional hotel nights, rebooking of the flight,
etc. Claims due to quarantine measures imposed after returning to the home
country are also rejected by the tour operator.
c)
Handling fees are non-refundable
4. Price changes4.1. Changes before conclusion of the contract: Planet Switzerland expressly reserves the right to change prices prior to booking. If this is the case, Planet Switzerland will inform you about this change in writing before signing the contract.
4.2. Price changes after contract conclusion:
In exceptional cases, this may mean that the agreed price must be increased. Price increases may arise for the following reasons:
a) Subsequent increase in transport costs, including fuel surcharges
b) Newly introduced or increased government taxes or fees (e.g., airport taxes, landing fees, etc.)
c) Changes in exchange rates, in particular those of the euro against the Swiss franc
d) State-imposed price increases (eg VAT)
If the cost of this travel service increases, it can be passed on to you. The target price increases accordingly. Planet Switzerland will increase the price before departure. If the price increase is more than 10%, your rights are regulated in section in 4.4.
4.3. Planet Switzerland also reserves the right, in its interest, to change the itinerary or any agreed services (such as accommodation, mode of transportation, airline, football benefits, etc.) if unforeseen or unavoidable circumstances so require. Planet Switzerland endeavors to offer you equivalent replacement services. Planet Switzerland will inform you as soon as possible about such changes and the impact on the price.
4.4 Your rights, if the travel price is increased after conclusion of the contract: If the program changes or the changes of individual agreed services leads to a substantial change of an essential contract point or if the price increase exceeds 10%, you have the following rights:
a) You can accept the contract amendment.
b) You can withdraw from the contract in writing within 10 days of receiving our notice and you will be refunded without delay.
c) You can inform us in writing within 10 days of receiving our notice that you wish to take part in an equivalent replacement trip organised by us. We try to offer you one. If the replacement trip is cheaper, the difference will be refunded. If the replacement trip is more expensive, the originally agreed price must be paid. If you do not send us a message to clause b) or c), you agree to the price increase, the program change or the change of individual agreed services (the 10-day deadline is met if your message is handed over to Post on the 10th day) ,
5. Travel cancellation through Planet Switzerland
5.1 Cancellation for reasons that caused by you: Planet Switzerland is entitled to cancel the trip if you give justified cause by acts or omissions. In this case, Planet Switzerland will refund you the already paid travel price. Further claims are excluded. Reservation costs remain in accordance with section 3.2 and further claims for damages.
5.2 Minimum number of participants: 16 persons per team / camp.
5.3 Force Majeure, Strike: If, for unforeseen reasons, such as Force majeure, events, riots, strikes, official measures or similar, impossible or irresponsible, Planet Switzerland can cancel the trip. Planet Switzerland will reimburse you for your payments, net of any non-collectable payments already made to third parties. This deduction may not exceed half of the travel price.
5.4 Travel cancellation for other reasons: Planet Switzerland is entitled to cancel the trip for other reasons. If this happens, you will be notified as soon as possible. Your rights are based on section 4.4.
6. Program changes, service failures while traveling
6.1 Should a program change be made during the trip that concerns a significant part of the trip, Planet Switzerland will compensate you for any difference between the agreed travel price and that of the service rendered.
6.2 If a significant portion of the agreed trip is not provided or if you decline for important reasons program changes that are intended to avoid the loss of significant parts of the trip, the local tour guide or the service provider will assist you in organizing the return journey. Planet Switzerland reimburses you for the difference between the paid travel price and the service already provided. Further compensation claims are based on Section 8.
7. If you have something to complain about
7.1. Complaint and request for remedy: If the trip does not correspond to the contractual agreement or if you suffer damage, you are entitled and obliged to complain to the local representative or the service provider without delay of these defects or damage and to seek relief free of charge.
7.2. The local representative or the service provider will endeavor to remedy the situation within a reasonable period of time. If no remedy is provided within this period, remedy is not possible or if it is not sufficient, then you should ask the local representative or the service provider to confirm the reported deficiencies or the damage and the non-remedy in writing. The local representative or the service provider is obliged to record the facts and your complaint in writing. However, you are not entitled to acknowledge claims for compensation. If, contrary to expectations, you do not reach the tour guide, the local representative or the service provider, then please contact us directly. You will receive the necessary information with the travel documents.
7.3 Self-Remedy: Unless remedy is provided within the reasonable time limit and it is not a minor deficiency you are entitled to provide remedy. The costs incurred will be reimbursed to you as part of the originally agreed trip (hotel category, means of transport, etc.) and against receipt from Planet Switzerland, provided that you have objected to the defect and requested written confirmation (section 7.1.) (For the amount of this compensation, see section 8th).
7.4 How you make your claim against Planet Switzerland: If you wish to claim damages, reimbursement or claims for damages against Planet Switzerland, you must submit your complaint in writing to Planet Switzerland within 30 days of your return. Your complaint must be accompanied by a confirmation from the local representative or the service provider together with possible evidence.
8. Liability of Planet Switzerland
8.1. General: Planet Switzerland reimburses you the value of agreed, but not or poorly performed services or your additional expenses, as far as it was not possible for the local representation or the service provider, to provide an equivalent replacement service on the spot (for the amount of the claim see section 8.2 .4.).
8.2. Limitations of Liability, exclusion for liability
8.2.1. International Agreements: If international agreements contain limitations on compensation for damages resulting from non-performance or improper performance, Planet Switzerland may invoke such restrictions and shall only be liable under these agreements. International agreements with limitations on liability exist in particular in the transport sector (aviation, shipping, railways, etc.).
8.2.2. Exclusion for liability: Planet Switzerland is not liable to you if the non-performance or improper performance of the contract is due to:
a) failures on your part before or during the journey.
b) unforeseeable or unavoidable negligence on the part of a third party not involved in the provision of the contractually agreed service.
c) force majeure or an event which Planet Switzerland, the mediator or the service provider could not foresee or avert, despite due diligence. In these cases, any liability for damages of Planet Switzerland is excluded.
8.2.3. Personal injury:
For personal injury, death, bodily injuries and illness, which are the consequence of the non-fulfillment or incomplete fulfillment of the contract, shall be liable to Planet Switzerland, as long as the damage is caused by Planet Switzerland or its service providers. Subject to international agreements (see point 8.2.1.).
8.2.4. Material and property damage: in case of damage to property and financial loss arising from non-fulfillment of the contract, the liability of Planet Switzerland is limited to maximum twice the cost, unless the damage was caused intentionally or through gross negligence; subject to lower limits of liability in international agreements.
8.2.5. Valuables, cash, jewelry, credit cards, etc .: We remind you that you are responsible for the safe storage of valuables, cash, jewelry, credit cards, photo and video equipment and so on by yourself. In the hotels valuables, etc. should be kept in the safe. Under no circumstances should you leave these items unattended in an unguarded vehicle, etc. or anywhere else. In case of theft, loss, damage or misuse of lost (check and credit cards, etc.) we are not liable.
8.2.6. Car, train, air and ship timetables etc .:
Even with a careful travel organization, we can not guarantee compliance with these timetables. Especially as a result of heavy traffic, congestion, accidents, airport congestion, detours, delayed border clearance, etc., delays can occur. In all these cases, we are not liable. We strongly advise you to consider possible delays in your travel planning.
8.3. Events during the trip: Outside the agreed travel program, local events or excursions can be booked during the trip. It is not excluded that such events and excursions are associated with risks. It is your own responsibility to participate in such events or excursions. Events or excursions organized for Planet Switzerland are subject to these General Terms and Conditions. However, Planet Switzerland is not your contractual partner and you can not invoke these Terms and Conditions if these events and excursions have been organized by third parties and the local representation has only facilitated them.
9. Entry, visa and entry requirements
9.1. You are solely responsible for compliance with the required passport, visa, customs, foreign exchange and health regulations. However, Planet Switzerland will endeavor to keep you informed of all that is necessary and will be happy to provide you with any visas you require at your expense.
9.2. If travel documents need to be issued / extended or visa collected, you are responsible. If a travel document is not available or if it is issued too late and you therefore have to cancel the trip, the cancellation policy will apply.
9.3. Check before departure if you have all necessary documents. Planet Switzerland draws your attention to the fact that you have to cover the return journey costs if you refuse entry. Likewise, we expressly point out the legal consequences of prohibited goods and other imports and exports.
10. Ombudsman
Before any legal dispute between you and Planet Switzerland, the independent ombudsman of the Swiss travel industry should be called upon. The Ombudsman seeks to reach a fair and balanced agreement on any type of problem between you and Planet Switzerland. Address of the Ombudsman:
Ombudsman der Schweizer Reisebranche
Postfach
4601 Olten
11. Guarantee
Planet Switzerland is a member of the guarantee fund of the Swiss travel industry and guarantees that the amounts paid in connection with the package holiday booked by you and the costs of your return journey are guaranteed.
12. Applicable law / Jurisdiction
12.1. Swiss law is applicable to the legal relationship between you and Planet Switzerland.
12.2. For complaints against Planet Switzerland, the exclusive place of jurisdiction is Zurich.
The General Terms and Conditions are subject to the original version drafted in German and entitled ALLGEMEINE VERTRAGS- UND REISEBEDINGUNGEN PLANET SWITZERLAND GMBH, and therefore Planet Switzerland is exempted from any requirement to comply what may be stipulated in any of its translated versions. Planet Switzerland will only address all responsibilities and duties compiled in its original wording.