Terms and Conditions of contract and travel for city trips of travelwindow AG

Thank you for your confidence and interest in our company. We recommend you to read the following “Terms and Conditions of contract and travel for city trips” (VRBSt) carefully. These Terms and Conditions of contract apply to the package tours bundled by Travelwindow AG itself for the “City trips” sector.

1. Subject matter of the contract

TRAVELWINDOW AG organises trips for you. We undertake to:

• organise your trip in accordance with the data and descriptions on the TRAVELWINDOW websites,
  
• to make available the agreed accommodation and
• all additional services that we offer you together with the travel arrangements you selected.

Please note that, as a general rule, our services apply from the airport in Switzerland, for travel by ship from the port of embarkation and for train and bus trips from the point of departure. Please refer to the corresponding travel itinerary. Arrival in good time at the place of departure therefore is your responsibility.

2. Conclusion of contract

2.1 Conclusion of contract

The contract between you and TRAVELWINDOW AG takes effect with the online booking on our websites. The rights and obligations for you and TRAVELWINDOW AG resulting from the contract shall apply from this point in time on. In the event that you enrol additional travel participants, you are responsible for their contractual obligations (in particular the payment of the travel fees) as well as your own obligations. The contractual agreements and VRBSt apply to all travel participants.

2.2 Travel arrangements

For travel arrangements or separate services by other tour operators which are only arranged for you by TRAVELWINDOW AG, their own Terms and Conditions of contract and travel shall apply. Likewise, for all airline tickets arranged by TRAVELWINDOW AG, the Terms and Conditions of contract and travel for city trips (VRBSt) of the corresponding airlines shall apply. In these cases, TRAVELWINDOW AG is not the contracting party and you may therefore not invoke the present VRBSt.

2.3 Passport, visa, vaccinations

On the websites of TRAVELWINDOW AG, you will find general notes concerning passport and visa requirements as well as health regulations where applicable which must be observed on entering the holiday destination chosen by you. These indications refer to the time of printing or booking. When booking, however, in your own interest, please inquire about whether and what regulations apply for your trip, since these regulations may change at short notice. You alone are responsible for observing passport, visa and vaccination regulations and for possession of the necessary documents. All disadvantages that may arise from the non-observance of these regulations shall be at your expense.

3. Payment/Prices

3.1 Paiements

All bills are due for payment latest 30 days after booking and in any case before departure. TRAVELWINDOW reserves the right to refuse the delivery of tickets and hotelvouchers in case of overdue payments. In case of delayed payment, TRAVELWINDOW reserves the right to  charge a reminder-fee of CHF 35.-- for every 7days payment-delay.

3.2 Changes in price

There are cases where the prices indicated by TRAVELWINDOW AG have to be increased for special reasons, such as:

• subsequent price increases by transportation companies (e.g., fuel surcharges)
  
• newly introduced or increased government taxes or fees (e.g., increased airport charges)
  
• exchange rate changes
• price increases ordered by the government (e.g., VAT)
• plausibly explainable misprints.

TRAVELWINDOW AG shall apply price increases as compared to the prices indicated in the Internet at most up to 30 days prior to the agreed date of travel. To the extent that the price increase exceeds 10% of the arranged price confirmed by us, you are entitled to withdraw from the contract free of charge within 5 days of receipt of the announcement. In that case, TRAVELWINDOW AG shall reimburse you for all payments already made by you within 30 days. Instead, however, you may book another travel arrangement offered by TRAVELWINDOW AG. TRAVELWINDOW AG aims to take into account your requests as far as possible and will take account of the payments already made by you towards the price without deductions.

4. Difficulties during the trip

4.1 Problems at the destination

In the event that the trip does not correspond to the description in the advertisement by TRAVELWINDOW AG or the booking confirmation or is otherwise fraught with substantial shortcomings, you are entitled and obliged to immediately request remedial action without delay and free of charge from TRAVELWINDOW AG or the local TRAVELWINDOW AG agent. Should remedial action not be possible, you must request written confirmation by the tour representative or the local TRAVELWINDOW AG agent. This is a necessary requirement for the later assertion of your claims for compensation.

4.2 Alternative solution within 48 hours

Unless TRAVELWINDOW AG, the TRAVELWINDOW AG tour representative or the local TRAVELWINDOW agent offers an adequate solution within 48 hours at the latest, you may take remedial action yourself. The costs incurred by you will be reimbursed by TRAVELWINDOW AG, however only to the extent of the originally booked services and against presentation of receipts. If the shortcomings that occurred are so severe that you cannot be expected to continue the trip or stay at the holiday destination, you must request a corresponding confirmation by the TRAVELWINDOW AG tour representative or the local TRAVELWINDOW AG agent. The TRAVELWINDOW AG tour representative or the local TRAVELWINDOW AG agent must record the facts and circumstances and your complaints in writing.

4.3 Written complaints

Please address your written complaint and the confirmation of the TRAVELWINDOW AG tour representative or the local TRAVELWINDOW AG agent to TRAVELWINDOW AG, Customer Services Department, Steinentischstrasse 5, CH-8027 Zurich within 30 days of your return. Any complications in the investigation of the facts and circumstances due to later assertion of damages shall be offset against your claim for compensation.

5. Liability

5.1 General

TRAVELWINDOW AG shall be liable for the proper performance of the travel arrangement. We shall reimburse you for the cancellation of agreed services or your extra expenses to the extent that TRAVELWINDOW AG, the tour representative von TRAVELWINDOW AG or the local TRAVELWINDOW AG agent were not able to provide you with an adequate equivalent service. The amount of reimbursement, however, is limited to double the price that you paid for the travel arrangement. No liability is assumed for changes of programme as a result of delayed flights or strikes. In particular, TRAVELWINDOW AG shall not be held liable for changes in the travel itinerary as a result of force majeure, actions by authorities or third-party delays for which TRAVELWINDOW AG is not responsible. Should you be affected by delays, please refer to our ground hostess or agent at the Swiss airports or the tour representative at the destination. If there are less than 120 minutes between the scheduled landing in Switzerland and the departure of the last train / bus, the reaching of this train / bus cannot be guaranteed. Please bear this in mind when arranging your return trip to your place of residence. The tour operator in any event shall not be responsible for any expenses incurred due to delayed flights. If a passenger misses a flight, all transportation obligations of the tour operator shall lapse. However, we will be happy to help organise a replacement flight. TRAVELWINDOW AG shall under no circumstances accept any liability for any losses of income or the like.

5.2 Accidents and diseases

TRAVELWINDOW AG shall be liable for personal injury caused by culpable non-performance or due to inadequate performance of the travel arrangement by TRAVELWINDOW AG or by companies commissioned by TRAVEL-WINDOW AG (hotels, airlines, etc.), in the latter cases, on the condition that you assign your claims for damages to TRAVELWINDOW AG. In cases of liability in connection with air transportation or the use of other transport companies (railway, cruise or bus companies, etc.), the amounts to be claimed for compensation shall be limited to sums based on applicable international conventions or national laws.

5.3 Material damages

TRAVELWINDOW AG shall be liable for any damage as a result of theft and damage to objects that may occur and are culpably caused by TRAVELWINDOW AG or a company commissioned by TRAVELWINDOW AG provided that you are not receiving any other compensation, for instance from your insurance and you assign your claims for compensation against those responsible for the damage to TRAVELWINDOW AG. The amount of compensation, however, shall be limited to double the price of what you paid for the travel arrangement. In liability cases in connection with air transportation or the use of other transport companies (railway, cruise or bus companies, etc.), the amounts to be claimed for compensation shall be limited to sums based on applicable international conventions or national laws. TRAVELWINDOW AG accepts no liability for the loss of personal effects, valuables, jewellery, photographic and video equipment, etc. (this provision also applies to cases of theft from rental cars) as well as loss, theft, damage or abuse of cheques, credit cards and the like.

5.4 Special events

Beyond the package arrangement, local events at the destination, excursions and additional services can be booked. Due to local conditions, these may be associated with special risks or require specific physical abilities. You booking any such events at your own risk. We shall not accept any liability whatsoever for services requested by you of the tour representative beyond the package arrangement unless we or our local agent are expressly responsible for such offers as the organisers or service providers.

5.5 Guarantee

TRAVELWINDOW AG is a member of the Travel Fund of the Swiss Travel Agencies and guarantees the safeguarding of the sums paid in connection with your booking. Detailed information is provided in the Information leaflet “Guaranteed outbound and return trip”, which you can obtain from the Guarantee fund of the Swiss Travel Agencies, Etzelstrasse 42, CH-8038 Zurich or from TRAVELWINDOW AG.

5.6 Insurance

In addition to the obligatory cancellation fees insurance incl. assistance or insurance for additional return trip costs, we recommend you to take out insurance for medical costs, accidents and luggage, unless you already have taken out any corresponding insurance with adequate coverage.

5.7 For your safety

The Swiss Federal Department of Foreign Affairs (EDA) regularly publishes information on countries where possible safety risks or other increased risks exist. You can access these travel recommendations yourself («www.eda.admin.ch/reisehinweise», phone: 031 323 84 84). We assume that you will have kept yourself informed as regards these travel recommendations and that you are aware of the corresponding risks before making the trip.

Cancellation / Change of trip

6.1 Notification

In the event that you are unable to make the trip, you must communicate this to TRAVELWINDOW AG stating the reason. The cancellation must be sent to us in writing and will be taken into account during our working hours only. The travel documents must be enclosed in the letter.

6.2 Changes

Based on the ticketing regulations of airlines, changes of name and date are not possible and equivalent to cancellation.

6.3 Cancellations

In the event that you cancel the booked trip fully or in part irrespective of the point in time, we shall charge a handling fee of CHF 100.- per person booked but not exceeding CHF 200.- per booking plus possible cancellation fees. This handling fee does not apply to cancellations with 100% cancellation fees. Retroactive cancellation and reimbursement of the cancellation costs insurance incl. assistance or insurance for additional return trip costs is not possible.

6.4 Cancellation fees

In the event that you cancel the booking or change your destination or date of travel, we shall charge the following fees in addition to handling fees and any mandate fees, given as the percentage of the price of the arrangement (incl. airport charges, insurance, additional charges for meals, etc.):

• from booking up to 15 days prior to departure 50%
• 14–4 days prior to departure 70%
• 3–0 days prior to departure 100%

Special Terms and Conditions of cancellation may apply for individual offers, trips on specific dates, etc. Such are stated with the corresponding offer or in the travel confirmations.

6.5 Admission tickets

Admission tickets for cultural and sporting events are non-refundable.

6.6 Insurance benefit payments

Please refer to the ELVIA Terms and Conditions of insurance for the detailed scope of benefit payments of the cancellation fees insurance and assistance.

7. You start the trip but are unable to complete it

If, for any reason, you prematurely interrupt the trip, TRAVELWINDOW AG cannot reimburse the price for the travel arrangement. In urgent cases (e.g., personal illness / accident, severe illness / accident or death of a close relative) TRAVELWINDOW AG or the local TRAVELWINDOW AG agent will assist you as soon as possible in arranging the premature return trip.

8. TRAVELWINDOW AG is unable to carry out the trip as agreed or must prematurely cancel the trip

8.1 Air transportation

Für den Fall, dass das von TRAVELWINDOW AG verpflichtete Flugtransportunternehmen aus nicht vorhersehbaren Gründen nicht in der Lage ist, die vereinbarten Leistungen mit den vorgesehenen Flugzeugtypen zeitgerecht durchzuführen, behält sich TRAVELWINDOW AG vor, den Transport mit einem anderen Flugtransportunternehmen, anderen Flugzeugtypen oder anderen Flugzeiten auszuführen. Allfällige Zusatzkosten gehen zu Lasten des Kunden.

8.2 Changes of itinerary

TRAVELWINDOW AG reserves the right, also in your interest, to change the travel itinerary or individual agreed services (e.g., accommodation, type of transport, means of transport, aircraft types, airlines or times, etc.), as may be necessary due to unforeseen circumstances. TRAVELWINDOW AG shall, however, attempt to provide comparable compensation services.

8.3 Force majeure and strikes

In the event that a trip cannot be started or has to be prematurely cancelled due to force majeure (e. g., natural disasters, including high or low water/tide for travel by ship, political unrest at the holiday destination, which for security reasons suggest renouncing to the performance of the trip), actions by authorities or on account of strikes from the point of view of TRAVELWINDOW AG, TRAVELWINDOW AG is authorised to deduct any expenses already incurred and verifiable from the reimbursement of your payment. Any additional compensation claims are excluded.

9. Statute of limitations

Claims for damages lodged against TRAVELWINDOW AG, irrespective of the reason, shall fall under the statute of limitations within one year. The statute of limitations starts on the day after the end of the booked travel arrangement.

10. Ombudsman

Prior to any legal disputes between you and TRAVELWINDOW AG, you should refer to the independent ombudsman of the travel industry. The ombudsman shall endeavour to reach a fair and equitable settlement of problems of all kinds between you and TRAVELWINDOW AG: Ombudsman of the Swiss Travel Industry, P.O. Box, CH-4600 Olten. www.ombudsman-touristik.ch / info@ombudsman-touristik.ch.

11. Place of jurisdiction

The relationship between you and TRAVELWINDOW AG is exclusively governed by Swiss law. Claims may only be asserted against TRAVELWINDOW AG at CH-8002 Zurich, Steinentischstrasse 5.