General Terms and Conditions

1 Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all areas and contracts with PRIVATE GUIDE (Urs Müller) and the natural and legal persons commissioned to act as intermediaries. They govern the legal relationship between the respective natural or legal person (hereinafter “organiser”) and any natural or legal person (hereinafter “participant”) who makes use of the organiser’s services. Full liability and responsibility for services that PRIVATE GUIDE (Urs Müller) arranges for third parties (hereinafter referred to as the “partner organiser”) lies with the respective partner organiser.

2 Registration/Conclusion of contract
Registration can be made in writing, electronically, by telephone or in person directly with the organiser or a sales outlet recognised by the organiser and is generally possible at any time. Free places cannot be guaranteed, which is why early registration is recommended.

By registering for a booked activity or tour, a binding contract is concluded between the participant and the organiser. By registering, the participant also accepts these GTC as an integral part of the contract between him/her and the organiser. The participant is responsible for providing the organiser with correct personal data and for checking that all details on the booking/invoice are correct and complete. Any discrepancies must be reported to the organiser immediately. Any consequential costs arising from failure to notify the organiser shall be borne by the participant.

3 Subject matter of the contract
The subject matter of the contract is the activity or tour as described in the organiser’s announcement. The organiser undertakes to provide the activity or tour booked by the participant in accordance with the invitation to tender. The participant undertakes to pay the organiser the contractually agreed price. Service extensions can be considered in consultation with the organiser. Any additional costs incurred as a result shall be borne by the participant.

The respective provider (partner organiser) shall be responsible and liable for any brokered services that can be booked with the organiser.

4 Prices
All basic prices are clearly defined in the booked offer. These are gross prices in Swiss francs (CHF). Prices are expressly subject to change. Prices in foreign currencies are for information purposes only and are not binding. The prices do not include return transport between your place of residence and the agreed starting point of the activity or any services of a personal nature (e.g. lift tickets, hire equipment, telephone calls, drinks, tips, meals and the like) unless expressly stated.

5. Terms of payment
The total amount according to the booking confirmation/invoice is generally due upon conclusion of the contract 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 services or to withdraw from the contract.

6 Cancellation or amendment of the booking by the participant
Any changes to or cancellations of the booked activity or tour can be reported to the organiser in writing or verbally up to 30 days before the start of the activity or tour, together with all documents already received (confirmations, tickets, vouchers, etc.), with a corresponding reimbursement of costs and without additional cost consequences. The relevant date is the date of receipt of the notification by the organiser or one of its recognised sales outlets. After this time, cancellation or amendment is no longer possible without incurring costs.

6.1 Special provisions for total cancellation
In the event of a total cancellation of the booked activity or tour, the participant will be charged the following proportion of the total costs as per the booking confirmation:
30 to 15 days before the booked date: 50%
14 to 10 days before the booked date: 75%
from 9 days before the booked date or no-show: 100%

For third-party services, the cancellation conditions of the respective provider (partner organiser) apply. Any costs incurred in this respect may be charged to the participant additionally.

6.2 Special provisions for partial cancellations
Partial cancellations (reduction in the number of participants) are generally possible up to 14 days before the start of the activity or tour, subject to reimbursement of costs and without additional cost consequences, by contacting the organiser in writing or verbally and enclosing all documents already received (confirmations, tickets, vouchers, etc.). The relevant date is the date of receipt of the notification by the organiser or one of its recognised sales outlets. A partial cancellation can only be made if the minimum number of participants for the booked activity/tour is still guaranteed. Otherwise, in the event of a partial cancellation of the booked activity or tour, the participant shall bear the following shares of the total costs according to the booking confirmation/invoice:
14 to 10 days before the booked date: 50%
10 to 7 days before the booked tour start date: 75%
from 7 days before the booked date or no-show: 100%

6.3 Cancellation of the booked services by the organiser
If the weather and/or snow conditions, official measures, force majeure, non-operation of the mountain railways or safety reasons make it impossible to carry out the booking, the organiser may cancel the activity. Cancellations will be communicated to the participants immediately. In the event of cancellation due to the events described above, there is no entitlement to a refund. The organiser will endeavour to offer an equivalent replacement programme if this can be arranged for the participant and does not result in any other financial loss for the organiser. If a booking has to be cancelled by the organiser (e.g. due to illness of the guide), an alternative date will be sought or the entire course fee will be refunded.

6.4 Cancellation insurance
Cancellation insurance is recommended and is the responsibility of the participant. Cancellation insurance covers the costs in the event of cancellation by the participant. This is the responsibility of the participant and the corresponding cancellation insurance, which cannot be transferred to the organiser. The organiser declines all liability and responsibility in this regard. Cancellation at short notice and the associated costs are the responsibility of the participant.

6.5 Changes to the programme by the participant
In the event of late arrival or early departure from the activity by the participant, the participant shall not be entitled to a refund of the costs. Additional costs incurred due to late arrival, early departure or postponement of the activity shall be borne by the participant. If the activity is postponed by the participant, the participant will be charged the costs in accordance with the above cancellation conditions.

All costs arising from changes to the programme or additional services requested or caused by the participant are to be borne by the participant. If the participant does not pay these immediately when the programme is changed, they will be charged subsequently.

7 Cancellation or programme changes by the organiser
There is a minimum number of participants for various activities and tours. The organiser reserves the right to combine participants or groups if the number of participants is not reached or to withdraw from the contract or cancel the booking at short notice. In this case, the organiser shall endeavour to find suitable replacement services. If it is not possible to fulfil the contract at another time or if the participant is unable to accept the alternative service offered to him/her, the payments already made will be refunded, less the services already claimed. Further claims for compensation are excluded.

7.1 Non-compliance with instructions and inability to participate
The booked service can also be cancelled by the organiser at short notice if participants’ behaviour or failure to act before or during the activity jeopardises or makes it impossible to fulfil the contract or if the activity has to be cancelled or modified due to illness or lack of fitness on the part of the participant. The participant is not entitled to a refund.

As a matter of principle, the participant may only take part if he/she is in a healthy and non-toxic condition.

7.2 Force majeure
If an activity or parts thereof cannot be carried out due to force majeure, safety concerns on the part of the organiser, official measures, strikes, non-operation of the mountain railways or unsafe weather and/or natural conditions, the organiser is entitled to cancel or discontinue the activity, even at short notice, without any obligation to pay compensation. Cancellations will be communicated to the participant immediately. The organiser is also entitled to postpone the course location due to force majeure or to adapt the booked programme with a substitute tour. However, force majeure does not oblige the organiser to provide a replacement under any circumstances.

8 Conditions of participation and the participant’s duty to co-operate

8.1 Health
Good health is a prerequisite for all of the organiser’s activities and tours. The participant undertakes to inform the organiser of any health problems. The following health conditions in particular preclude participation in the activity or tour: Eye surgery / High blood pressure / Chronic ear disease with balance problems / 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 medication or similar. If the activity has to be cancelled early due to the participant’s lack of fitness or unsuitable equipment (in particular the participant’s own equipment brought along), all claims for reimbursement shall lapse. On the contrary, the organiser reserves the right to charge any additional expenses (e.g. rescue measures or time delays) to the participant concerned afterwards.

8.2 Conditions of participation
Certain activities are subject to conditions of participation that must be met. These include basic knowledge, weight limits, age limits, swimming skills, avalanche awareness and many more. These conditions can be found in the product descriptions and are binding. If the conditions of participation are not met or the instructions are not followed, the organiser may exclude the participant from the activity. In this case, there is no entitlement to a refund of the booked activity or any additional services booked.

8.3 Instructions from the organiser
The participant declares to fulfil the conditions of participation and to strictly follow the instructions of the organiser. If the conditions of participation are not met or the instructions are not followed, the organiser may exclude the participant from the activity or tour. In the event of exclusion before the start of the activity or tour, the cancellation provisions set out in section 6 apply; no refund will be made after the start of the activity or tour.

8.4 Age determination
Participants under the age of 18 require the consent of their legal representative in order to take part in the activity or tour. A minimum age is stipulated for certain activities and tours.

9 Declaration of liability and insurance
For certain activities, PRIVATE GUIDE (Urs Müller) and the above-mentioned service providers (partner organisers) require consent/agreement to a waiver of any liability claims against the organiser as a prerequisite. This takes place tacitly at the start of the corresponding activity and does not require a written form. The participant has consciously booked this activity and consciously accepts the associated consequences.

The booking alone constitutes a binding contract that the participant cannot hold PRIVATE GUIDE (Urs Müller) and its service providers (partner organisers), their employees, instructors, the guides, the respective management, partners, organs or descendants liable in the event of certain events, including loss, injury, damage or death.

The participant is not insured by the organiser. 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, this must be reported immediately in writing to the activity leader or service provider and confirmed. However, the activity leader or service provider is not authorised to acknowledge claims, which is why such a confirmation does not have the effect of an acknowledgement of guilt. The activity leader or service provider will endeavour to remedy the situation within the scope of the event and the possibilities. If no or insufficient remedial action is taken or if the participant wishes to assert claims for damages, the claims must be submitted in writing to the booking office for the attention of the organiser within 4 weeks of the contractual end of the activity. The complaint must be accompanied by confirmation from the activity leader or service provider and any evidence. All claims shall be forfeited if the complaint is submitted late or not submitted at all during the activity or if the claim is submitted late to the booking office.

11 Liability
Claims for damages are excluded unless caused by intent or gross negligence. The organiser is entitled to call in auxiliary persons and/or third parties for the provision of services. If the organiser legitimately transfers the performance of the activity or tour to a third party, the organiser shall not be liable for the actions or omissions of this third party.

In particular, the organiser shall not be liable for damage caused by actions or omissions of the activity or tour leader that are not related to the provision of contractually agreed services, due to the 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 organiser, activity or tour leader, etc., the organiser shall not be liable.

12 Data protection
The privacy policy can be found separately on the organiser’s website.

13 Applicable law and place of jurisdiction
The contractual relationship shall be governed exclusively by Swiss law. The parties agree that the organiser’s registered office shall be the exclusive place of jurisdiction.

14 Severability clause
If one of these provisions should unexpectedly be invalid, this shall not result in the invalidity of the entire GTC, unless it can be assumed that they would not have been concluded at all without the invalid part.

15 Changes
The organiser reserves the right to amend these GTC at any time. The current version of the GTC at the time the contract is concluded shall apply.

Last change:
15 November 2023