TERMS OF SERVICE

Please note that credit card payments for CAOTIX SAGL (Ticino Outdoor)  are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland (“TREKKSOFT”). Therefore, TREKKSOFT will appear as TICINO OUTDOOR on your credit card statement for the payment of this booking. The domain where you enter and process your payment is owned and operated by TREKKSOFT.

Please send an e-mail to [email protected] for all inquiries regarding your credit card payments and chargebacks.

GENERAL TERMS AND CONDITIONS (GTC) OF CAOTIX SAGL

Effective from January 20th, 2021

1. Scope

The present general terms and conditions (hereinafter “GTC”) apply to Caotix  SAGL. They regulate the legal relationship between the respective company (hereinafter “organizer”) and every natural person (hereinafter “participant”) who make use of the organiser’s services.

2. Registration/Conclusion of the contract

Registration can be made in writing, electronically, by telephone or in person directly with the organizer or one of their approved sales outlets and is generally possible at any time. Free places cannot be guaranteed, which is why early registration is recommended.

With the registration for a booked activity or tour, a binding contract is concluded between the participant and the organizer. By registering, the participant further recognizes these terms and conditions as an essential part of the contract between him and the organizer. The participant is responsible for providing the organizer with correct personal data and for checking all information on the booking / invoice for accuracy and completeness. Any discrepancies must be reported to the organizer immediately. Follow-up costs that arise from failure to report are borne by the participant.

3. Subject of the contract

The subject of the contract is the activity or tour according to the announcement of the organizer. The organizer undertakes to provide the activity or tour booked by the participant as part of the advertisement. The participant undertakes to pay the organizer the contractually agreed price. Service extensions can be considered in consultation with the organizer. Any additional costs resulting from this are to be borne by the participant.

4. Prices

All prices are per person and gross in Swiss Francs (CHF) including VAT. We expressly reserve the right to change prices. The prices in foreign currencies are for information only and are not binding.

5. Terms of payment

General terms of payment

The total amount according to the booking confirmation / invoice is due when the contract is concluded and must be paid at the latest before the start of the activity or tour. If payment is not made on time, the organiser reserves the right to withhold the provision of the service or to withdraw from the contract.

6. Cancellation or modification of the booking by the participant

Group reservations must be confirmed with the organiser no later than 7 days before the start of the activity.

Any changes or cancellations of the booked activity or tour can be reported to the organiser in writing or orally up to 24 hours before the start of the activity or tour with a corresponding reimbursement of costs and with the additional cost consequences as detailed below, enclosing all documents already received (confirmations, tickets, vouchers, etc.) . The decisive time is when the notification is received by the organiser or one of its approved sales outlets.

6.1 Special provisions for the total cancellation of  booked activity

In the event of a total cancellation of the booked activity or tour, the participant will be charged the following cancellation costs in proportion of the total price according to the booking confirmation / invoice:

• Up to 15 days before the start of the activity or tour: processing fee of CHF 30 per person or issuing a voucher for the whole amount – in case of a family tour the processing fee doesn’t apply.
• 15 to 7 days before the start of the activity or tour: 25% or issuing a voucher for the whole amount
• 7 to 3 days before the start of the activity or tour: 50% or issuing a voucher for the whole amount
• 3 days to 24 hours before the start of the activity or tour: 75% or issuing a voucher for the whole amount
• from 24 hours before the start of the activity or tour or no-show: 100% i.e. NO REFUND

In the case of third-party services, the cancellation conditions of the respective service provider apply. Any costs incurred in this regard can also be billed to the participant.

6.2 Special provisions in the event of partial cancellation of booked activity

Partial cancellations of group bookings (reduction in the number of participants) are generally possible up to 30 days before the start of the activity or tour with a reimbursement of costs and without additional cost consequences from the organizer in writing or orally and enclosing all documents already received (confirmations, tickets, vouchers, etc.). The decisive time is when the notification is received by the organizer or one of its approved sales outlets. A partial cancellation can only be made if the minimum number of participants in the booked group tour (from 2 people) is still guaranteed.

Otherwise, in the event of a partial cancellation of the booked activity or tour, the participant will be charged the following cancellation costs in proportion of the total costs according to the booking confirmation / invoice:

• Up to 15 days before the start of the activity or tour: processing fee of CHF 30 per person or issuing a voucher for the whole amount
• 15 to 7 days before the start of the activity or tour: 25% or issuing a voucher for the whole amount
• 7 to 3 days before the start of the activity or tour: 50% or issuing a voucher for the whole amount
• 3 days to 24 hours before the start of the activity or tour: 75% or issuing a voucher for the whole amount
• from 24 hours before the start of the activity or tour or no-show: 100% i.e. NO REFUND

6.3 Cancellation Insurance

It is recommended that you take out cancellation insurance and it is the responsibility of the participant. In the event that the participant withdraws from the contract, cancellation insurance generally covers the costs mentioned above.

6.4 Program changes by the participant

If the participant starts late or leaves the activity early, he is not entitled to any reimbursement of costs. Additional costs, caused by late arrival, early departure or postponement of the activity, are to be borne by the participant. If the activity is postponed by the participant, the costs according to the above cancellation conditions will be charged to him.

7. Cancellation or changes to the program by the Organizer

7.1 Minimum number of participants

There is a minimum number of participants for various activities or tours. The organizer reserves the right, if the number of participants is not reached, to merge groups or to withdraw from the contract at short notice or to cancel the activity / tour. In this case, the organizer will endeavor to find suitable replacement services. If it is not possible to fulfill the contract at another point in time or if the participant cannot accept the replacement service offered, the payments already made will be reimbursed, minus the services already used. Further compensation claims are excluded.

7.2 Failure to follow instructions and inability to participate

The activity or tour can also be canceled at short notice by the organizer if, before or during the activity, participants give cause through their behavior or omission that the fulfillment of the contract is jeopardized or impossible, or if the activity is interrupted due to illness or lack of fitness of the participant must be changed. The participant has no right to a refund.

7.3 Force Majeure

If an activity or parts of it cannot be carried out due to force majeure, safety concerns on the part of the organizer, official measures, strike, unsafe weather and / or natural conditions, the organizer is entitled to cancel or break off the activity at short notice without any obligation to pay compensation. The participant will be informed immediately of cancellations. The organizer is also entitled to postpone the course location due to force majeure or to adapt the booked program with a replacement tour.

7.3.1 Special conditions for canyoning tours

• In the event of uncertain weather conditions, we reserve the right, for safety reasons, to amend the program or to change locations. Some of the canyoning tours we offer take place in areas affected by hydroelectric power stations. Access to these gorges is therefore not always guaranteed, in particular during flushing, repair work or overflow. In such cases we will make an effort to offer you the closest possible substitute service. By making your reservation you declare that you agree to this. Any additional costs that may arise as a result of this are charged to the participant.
• The assessment of the weather forecast is left exclusively to the organizer/guide, as well as the decision about the implementation or cancellation of the planned tour for safety reasons, especially when making weather-dependent decisions.
• The final decision about whether a tour will take place or not in uncertain weather conditions can only be made on the day of the tour. The definitive source for the weather forecast is the “Bollettino meteo ”from the Ufficio federale di meteorologia e climatologia MeteoSvizzera.

7.4 Significant contract change

If there is a significant change to an essential part of the contract before the start of the activity or tour, if the program change leads to a price increase of more than 10%, the participant can withdraw from the contract. Payments already made according to the booking confirmation or invoice will be reimbursed to the participant.

8. Conditions of participation and the participant’s obligations to cooperate

8.1 Health

Good health is required for all activities and tours of the organizer. The participant undertakes to inform the organizer about any health problems. In particular, the following health conditions exclude participation in the activity or tour: Eye surgery / high blood pressure / chronic ear diseases with balance disorders / heart problems / epilepsy / increased risk in the cardiovascular system / neurological complaints / whiplash / pregnancy. Under no circumstances may the participant be under the influence of drugs, alcohol or psychotropic drugs and the like.

8.2 Instructions from the organizer

The participant declares to meet the conditions of participation and to strictly follow the instructions of the organizer. If the conditions of participation are not met or the instructions are not followed, the organizer can exclude the participant from the activity or tour. In the event of exclusion before the start of the activity or tour, the cancellation provisions according to Section 6 apply; after the start of the activity or tour, no refunds will be given.

8.3 Age requirement

Participants under the age of 18 need the consent of their legal representative in order to take part in the activity or tour. There is a minimum age for certain activities or tours.

9. Insurance

The participant is not insured by the organizer. Each participant is independently responsible for taking out all necessary insurance (in particular health, accident, property and cancellation insurance – including sports accidents).

10. Complaints

If the participant has cause for complaint or suffers damage, he must inform the activity or tour leader immediately. However, the activity or tour leader is not entitled to recognize claims, which is why such a confirmation does not have the effect of an acknowledgment of guilt. The activity or tour leader will endeavor to remedy the situation during the activity or tour.

11. Liability

Every participant in the Organizers’ tours is aware that he/she is taking part in an adventure activity which cannot offer the comfort and safety of a normal package holiday. The particular dangers and risks found in mountains, in gorges and on rivers are many and therefore cannot be entirely eliminated. By making your reservation you recognize these dangers and risks. Claims for damages are excluded unless they were caused by intent or gross negligence. The Organizer is entitled to call in assistants and / or third parties to provide the service. If the organizer legitimately delegates the execution of the activity or tour to a third party, the organizer is not liable for his actions or omissions, as far as legally permissible.

In particular, the organizer is not liable for damage resulting from actions and omissions of the activity or tour guide that are not related to the provision of contractually agreed services, due to actions of third parties, other participants, the participant, force majeure, such as natural events, official orders etc. or due to late return home. If a participant does not follow the instructions of the organizer, activity or tour leader, etc., any liability on the part of the organizer is void.

12. Data protection

The separate data protection declaration on the website of the organizer applies. See our Privacy Policy and Cookies Policy

13. Applicable Law and place of jurisdiction

Only Swiss law is applicable to the contractual relationship. The parties agree that the seat of the Organizer is the exclusive place of jurisdiction.

14. Severability clause

Should one of these provisions be ineffective, this does not result in the ineffectiveness of the entire terms and conditions, unless it can be assumed that those would not have been concluded without the ineffective part.

15. Changes

The organizer reserves the right to change these terms and conditions at any time. The version of the terms and conditions current at the time the contract is concluded applies.