Terms of contract
These terms of contract apply to the legal relationships between you and us, Eurobus welti-furrer AG, for all-inclusive tours or individual services provided by us under our own name.
1. Conclusion of contract, participants, payment
1.1 Your registration by telephone, in writing or in person, is binding. The travel agreement between you and us is concluded upon the unconditional acceptance of your registration. Should the person who does the registering make reservations for more participants, he is just as responsible for their contractual obligations (particularly for the payment of the travel price) as he is for his own obligations.
1.2 Our services arise from the service description in the brochure or the travel announcement. Special requests are an integral part of the contract only if they have been confirmed in writing, unconditionally, by the reservation office. With bus trips, services commence from the point of departure.
1.3 The tour will be paid immediately upon booking. Credit cards are the sole valid means of payment.
2. Changes of the booking or cancelation of the tour by the traveler
2.1 In case of name changes, naming of a replacement traveler, changes of the travel dates within the time scope of the travel program up to 2 days prior to the date of departure, we demand a service fee in the amount of CHF 15.- per person, a maximum of CHF 45.- per order, plus telephone/telefax expenses. After this deadline, the cancelation terms under Item 2.2 apply.
2.2 Should you cancel your tour, we are bound to invoice cancelation costs in the following percentage(s) of the total invoice amount:
up to 5 days prior to departure: 30% of the travel price
4 to 2 days prior to departure: 75% of the travel price
47 to 0 hours prior to departure/day of departure/non-appearance: 100% of the travel price
2.3 Authoritative for the calculation of deadlines is the arrival of your written notification at the reservation office; should the notification arrive on weekends or on holidays, the following working day is authoritative.
Should you have to cancel the trip, you can announce a replacement who will take part in the tour under the same conditions. When this replacement traveler enters into the contract, you and he are liable in common (solidary) for the payment of the travel price in total, the service fee as well as possible additional costs. The entry of the replacement is admissible for tours within Switzerland up to the point of departure.
3. Cancelation protection and travel incidence insurance
Insurance coverage is not included in our prices.
4. Seats in the bus
No fixed seats are allocated with reservation of seats. All tours are conducted with nonsmoking buses.
5. Changes of program and prices
5.1 Changes prior to the conclusion of the contract: We reserve expressly the right to change information in the brochure, service descriptions, prices in the brochures and on price lists prior to your booking. Should this be the case, the reservation office will inform you about these changes prior to the conclusion of the contract.
5.2 Price changes after conclusion of the contract: In exceptional cases, it is possible that the price agreed on has to be raised. Price increases can derive from:
a) a retroactive increase of the transportation costs (including increases of fuel prices);
b) newly introduced or increased official fees or dues
c) changes of the exchange rate or
d) governmentally decreed price increases (for instance: VAT).
We will complete the price increase at the latest up to 22 days prior to departure. Should the price increase exceed 10 percent, you are entitled to the rights as stated under Item 7.4.
5.3 Program changes, changes of the area of the transportation subsequent to your booking and prior to departure: We reserve the right—in your interest as well—to change the travel program should an act of God or an event, which despite exercising the necessary diligence could not be predicted or prevented, require it. We shall do our best to provide you with replacement services of equal value. We shall inform you about such changes and their impact upon the price as rapidly as possible.
5.4 Your rights, should the travel price be higher after conclusion of the contract or should program changes or changes in the area of the transportation have been completed: Should the program change or the change of individual services that had been agreed on result in a considerable change of one of the essential contractual items, or should the price increase exceed 10 percent, you have the following rights:
a) you can accept the contract change;
b) you can withdraw from the contract, in written form, within 5 days subsequent to receipt of
our notification, and the travel price paid already will be refunded to you immediately.
6. If you object to something
6.1 Should the tour not be consistent with the contractual agreement or should you suffer any damage, you are obligated to notify immediately our tour guide/bus driver concerning this objection or damage.
6.2 The tour guide/bus driver will try to undertake remedial action within the time scope of the tour. Should no remedial action be possible or be insufficient, please obtain a written confirmation from the tour guide/bus driver concerning the objections that have been raised or the damage as well as the insufficient remedial action. He is not entitled, however, to recognize any claims for compensation of damages or such like. Should you forbear from raising objections and not obtain the written confirmation, we will not be able to address your objection after the end of the tour, and you will lose any rights you possess with respect to us.
7. Liability of the tour operator
7.1 General: We shall repay you for the objective value of services that had been agreed on, yet have not been delivered; or have been insufficiently delivered; or for of any damage suffered, as far as it had not been possible for the tour guide/bus driver to come up with a replacement service of equal value or to rectify the damage on site, and as far as we or the service provider is at fault (subject to the following Items).
7.2 Limitations of liability, exclusions of liability
7.2.1 International agreements and national laws: should international agreements and national laws contain limitations or exclusions of indemnity in the case of damages deriving from non-fulfillment or insufficient fulfillment of the contract, we are liable only within the scope of these agreements and laws. International agreements, national laws with limitations or exclusions of liability exist in particular for transportation (like in air traffic, shipping on the open sea and in railway traffic).
7.2.2 Exclusions of liability: We shall not assume liability should the non-fulfillment or insufficient fulfillment or the damage be ascribable to the following causes:
a) to omissions on your part, prior to or during the tour;
b) to unforeseeable or unpreventable omissions of a third party who has not been involved in the provision of the service that has been contractually agreed on;
c) to an act of God or an event that we, the facilitator or service provider were not able to foresee or prevent despite all requisite diligence. In these cases, any liability for damages on our part is excluded.
7.2.3 Damages to persons, accidents and so on: For damages to persons, death, bodily harm and so on, which derive from the non-fulfillment or insufficient fulfillment of the contract, we are liable only if the damages have been caused by us or our service providers. Subject to the limitations of liability and exclusions of liability stipulated in international agreements and national laws (Item 7.2.1).
7.2.4 Other damages (material damage or property loss and so forth): For other damages arising form the non-fulfillment or insufficient fulfillment of the contract, we are liable only if we or a service provider are at fault in having caused the damage; this liability is limited to a maximum of twice the travel price; subject to further-going limitations of liability or exclusions of liability in international agreements and national laws (Item 7.2.1).
7.2.5 Valuables, cash, jewelry, credit cards and so on: We point out explicitly that you yourself are responsible for the safe storage of valuables, cash, jewelry, credit cards, photo equipment and video equipment and so on. You must not leave these objects unattended under any circumstances in the unguarded bus, etc., nor anywhere else. We do not assume liability in case of theft, loss, damage or misuse.
7.2.6 Bus timetables: even with the most diligent tour organization, we cannot guarantee adherence to these timetables. Delays can occur, particularly owing to heavy traffic, traffic jams, accidents, congestion of the air space, detours, delayed customs clearance at the border and so forth. We are not liable in all of these cases. We advise you urgently to take into account possible delays when you do your trip scheduling.
7.3 Non-contractual liability: The non-contractual liability is geared to the relevant legal provisions. For other damages (that means: not damages to persons), liability is limited to twice the travel price in any case, as far as international agreements or national laws do not stipulate further-going limitations of liability or exclusions of liability.
8. Travel guarantee
Guaranteed there and back, thanks to the statutory guarantee fund of the Swiss travel industry. We are a part of it.
9.1 Prior to initiating legal proceedings, you should contact the Swiss travel industry's independent ombudsman. The ombudsman strives to achieve a fair and well-balanced settlement for any kind of problem that may occur between you and us or the reservation office where you booked the tour.
9.2 The address of the ombudsman is: Ombudsman of the Swiss travel industry, P.O. Box, 4600 Olten
10. The invalidity of single stipulations of the travel contract does not entail the invalidity of the entire contract.
11. Applicable law and place of jurisdiction
11.1 Solely Swiss law is applicable to the legal relations between you and us.
11.2 Zurich has been agreed on as the sole place of jurisdiction for complaints against the tour operator. We can file suit against the customer at his place of residency or in Zurich.
Subject to typing and printing errors.