General Terms and Conditions for zermatt-event management GmbH
Many thanks for your interest in our programmes. Please read these General Terms and Conditions carefully.
These General Terms and Conditions (hereinafter: T&Cs) supplement the individual Service Level Agreement (hereinafter: SLA) between zermatt-event management GmbH (hereinafter: zem. GmbH or Organiser) and the ordering party (hereinafter: Service Recipient or Client) regarding the provision of services by zem. GmbH.
The general contractual terms and conditions of the performing partner apply to third-party services arranged by zem. GmbH.
1. Entering into the contract and content thereof General
By registering or, as may apply, reserving in writing, electronically, by fax or in person with zem. GmbH, the Service Recipient accepts all rights and obligations under the individual SLA, order confirmation and these T&Cs.
Any quotes by zem. GmbH are subject to alteration. Quotes calculating prices as ‘budgets’, ‘estimates’ or ‘rough estimates’ are non-binding.
Quotes are worked out according to the information/requirements of the Ordering Party. Quoted priced are given in CHF.
Documents may not be disclosed to third parties without the written consent of zem. GmbH. Quotes and all associated documents are to be returned at the request of zem. GmbH.
Preparing quotes/offers for ambitious major events is particularly time-consuming. In this case, additional terms and conditions apply for costing of quotes as well as administration and cancellation fees. These can be found in the terms and conditions sheet.
2. Reservation cancellation or amendment by zem. GmbH
Cancelling or changing the activity before it starts
Most activities require a minimum number of participants. If this is not met, the Organiser is entitled to cancel the activity, even at short notice. Where the Client does not want to change to any replacement activity offered, payments made, less any services already used, are reimbursed.
The activity can be cancelled, abandoned or changed by the Organiser if participants give cause for doing so due to their actions or omissions. In this case, the provisions regarding cancellation in accordance with Clause 3 come into force.
Where the activity is jeopardised or made impossible due to force majeure, weather conditions, natural phenomena, official measures or safety/security risks, the Organiser is entitled to cancel or prematurely abandon all or parts of the activities. The price paid is reimbursed less expenses already incurred by the Organiser. Claims for compensation are excluded in these cases.
Cancelling or changing the activity after the contract has been entered into
The Organiser reserves the right to change the programme of activities or individually agreed performance if required due to unforeseen events (force majeure, weather conditions, natural phenomena, official measures or safety/security risks). Nevertheless, every effort is made to provide equivalent performance. The Client is entitled to withdraw from the contract in the event of a significant change to the programme leading to a price increase of more than 10%.
3. Reservation cancellation or amendment by the Client
Changes by the Client
Where the Service Recipient demands changes to the programme, zem. GmbH will endeavour, but is not obliged, to bear this in mind as far as possible.
Additional costs due to changes in performance caused by the Service Recipient are borne by it. Unless otherwise agreed, such changes are not regarded as significant changes to the contract and do not entitle the Service Recipient to terminate it.
An administration fee of CHF 50.00 per person is charged in the event of the date of the activity being changed by the Client up to 14 days before it starts. Where the activity booking is changed later than 14 days before the original date, the provisions regarding cancellation apply.
Changes and cancellation by the Client of additional services
In the event of additional services being changed, rebooked and cancelled, for example fringe programmes, the corresponding costs are invoiced. Details can be found in individual SLAs.
Cancellation, delays or discontinuation by the Client
zem. GmbH is to be notified of termination of the contract (also referred to as cancellation or annulment) by the Client. by means of registered letter stating the reasons. All documents already received (detailed programme, tickets, written confirmations etc.) are to be enclosed with the letter. Cancellation does not become valid until all documents have been received by the Organiser.
Medical certificates must be with us within five working days.
With every cancellation, the Client will be invoiced for the following proportion of arrangement costs:
- Cancelling items/cost centres, noted in the order confirmation, of individually listed services and services by service providers e.g. mountain guides or ski instructors etc. is no longer possible after the SLA has been signed and they must be paid for in full.
- Cancellations of additional service providers or other services booked at short notice by the ordering party after the SLA has been signed and not listed in the order confirmation must be paid for in full.
- A Client not showing up for the activity or not being able to take part in it due to late arrival pays for 100% of the activity. The Client bears extra costs incurred due to their postponement or late arrival in full. The Client is not entitled to a refund where he/she commences their activity only after it has started or, as may apply, before it finishes.
- Individuals cancelling are considered up to 7 days before the event and the quote prepared again. Any cancellations must be sent in writing (by letter or email).
Package reservation conditions: MATTERHORN HUSKY SLEIGH RIDES
- Your slot is reserved once payment is accepted. You will receive a booking confirmation by mail.
- At least 8 participants per day are required to enable the introduction to sleigh riding directly in front of the Matterhorn. In the event of not enough participants, you will be informed promptly and refunded the full amount.
- We will offer you an alternative date in the event of poor weather or the ski resort being closed, for example due to too much wind.
Cancellation before the start of the activity:
- up to 60 before the start, 80% of the booking value will be refunded.
- With 14 days before the start, 50%
- With 6 days before the start, 20%
- With 48 hours before the start there is no refund.
- We charge an administration fee of CHF 45.00 in each case. Any cancellations must be sent in writing (by letter or email).
- We recommend taking out cancellation insurance
4. Participation terms and conditions, and obligations of the service recipient
The Service Recipient is to provide zem. GmbH 7 days before the event with all information necessary for proper provision of the services and, if need be, point out particularities etc., in particular health problems with clients/participants.
Additional costs incurred due to zem. GmbH being notified late are borne by the Service Recipient.
The Service Recipient is to inform the event participants correctly and is responsible for their conduct.
The Service Recipient is responsible for permits and compliance with further legal provisions, in particular VAT legislation.
With most activities, good health is a prerequisite. The participant undertakes to inform the Organiser about any health problems. Participating in an activity under the influence of drugs and/or alcohol as well as psychiatric medication or similar is not allowed.
It is the duty of the Client to comply with terms and conditions of participation and strictly follow the instructions of the Organiser, guide and assistants. The participant can be excluded from the activity in the event of a breach. When excluded before the activity starts, the cancellation provisions apply. The Client is not entitled to a refund if excluded after the activity has started.
The signature of parents or legal guardian is required with minors.
The service provider decides about the feasibility of the programme. Where an event cannot be held due to the weather conditions, the participant is able to enjoy their experience at a later date. Further claims are excluded.
Power of attorney
The Service Recipient is to grant zem. GmbH the power of attorney to enter into contracts with service providers/partners in its name and on its behalf regarding the services arranged in accordance with individual SLAs.
5. Terms of payment
On entering into the contract, the Service Recipient is to make a down payment of 85 % of the package booked. With the MATTERHORN HUSKY SLEIGH RIDE, 100% must be paid in advance.
Payment not being made on time entitles zem. GmbH to hold back services or cancel the contract. Any cancellation costs are claimed in accordance with paragraph 3.
Terms of payment
The final invoice from zem. GmbH is to be paid within 10 days of the date of invoice.
All invoices are charged to the Service Recipient. Where they want the invoice in a special format or broken down in a specific way, this must be stated when entering into the contract. In any event, the Service Recipient remains liable for unpaid invoices.
Where the agreed (down) payment deadlines are not met, zem. GmbH and its partners are entitled to refuse performance and, after a grace period of 5 days has passed, assume that the Performance Recipient is waiving the agreed services.
In the event of performance being waived, compensation for zem. GmbH is charged in the same way as the provision for cancellation (Paragraph 3 above) without being regarded as cancellation. As such, the down payment deadline not met corresponds to the cancellation deadline. Further compensation remains reserved.
The down payment made not covering the cancellation fees entitles GmbH to demand the difference from the Service Recipient.
Any complaints are to be justified in writing within ten days of the date of invoice.
The General Terms & Conditions of the arranging service partner (set out in the Appendix to the SLA) apply when arranging services such as hotels, seminar rooms etc. and hotel accommodation etc. Excepted from these are cancellation policies for hotels, which result from this agreement. In the interests of the Service Recipient, the enterprises involved have agreed to these payment terms and tasked zem. GmbH with collection.
In the event of amendments and changes of address with invoices already issued as well as split invoices, we charge an administration fee of an additional CHF 50.00 per order. Payment reminders are sent for free, with CHF 20.00 charged with the first overdue notice, and 50.00 with the second. We will then take legal steps with resulting costs.
6. Prices, loss of material
Prices for the activities can be vied in the quote/order confirmation provided. They are in Swiss Francs (CHF). Prices are subject to change.
Zem. GmbH reserves the right to increase agreed prices in certain cases set out below:
- Transport company rate changes (e.g. fuel duty)
- Government price increases (e.g. VAT)
- Hotel price increases (in cases of there still being no prices available for when the hotel service is provided)
- Changes in exchange rate.
The Service Recipient is notified of price increases by no later than three weeks before the start of the event.
Losses of material
The Service Recipient is invoiced for defective/damaged and lost material (for example to or, as may apply, of headlamps, sleighs, helmets etc.). Normal wear, tear and damage is excluded
Liability of zem. GmbH
Zem. GmbH is liable under statutory and contractual provisions for the proper provision of its own services as well as for the careful selection of arranging service providers.
Where permitted by law, zem. GmbH is liable for direct damages due to the non-performance or improper performance of its own services to a maximum of twice the price of its services. This liability limit does not apply for injuries or damaged caused wilfully or by gross negligence.
The Organiser is responsible for defective performance of the activity where it is at fault for a failure of agreed services or changes amounting to a substandard service.
The Organiser compensates for the failure of agreed services where it was not possible locally by offering a replacement service of an equivalent value.
In any event, liability remains limited to immediate losses.
No liability is accepted for programme changes due to rail and flight delays.
Subject to the rules for package tours, zem. GmbH cannot be held liable for contractual performance, accidents, delays, losses, or other irregularities due to acting as an intermediary.
Losses caused by force majeure, acts of war, strikes, epidemics, natural disasters and official orders are also excluded from liability.
Liability of the Service Provider
Where zem. GmbH justifiably assigns performance to a third party, zem. GmbH is not liable for the actions or omissions of the latter. The service provider arranged by zem. GmbH is liable for the proper performance of its services under statutory and contractual provisions. The general Terms and Conditions of the service provider arranged apply.
Liability of the Service Recipient
The Service Recipient is liable towards zem. GmbH or, as may apply, the service provider for all costs caused directly or indirectly by it, its employees, other assistants and event participants (for example unpaid participation fees, hotel accommodation etc.).
The Service Recipient is obliged to take out appropriate insurance in this respect. In particular, it undertakes to carefully handle items entrusted to it.
The Service Recipient itself is responsible for the loss of or damage to items brought along or sent out.
Any liability of the Organiser ceases to apply where the instructions of the Organiser or its assistants are not followed.
The participant is not insured by the Organiser. He/she must have independently taken out sufficient health and accident insurance. Cancellation costs insurance is recommended. Accidents cannot be ruled out, even with activities organised professionally and safely. The Organiser accepts no liability in this respect. Participation is at one’s own risk.
The activity leader in charge for (zem. GmbH) or, as may apply, with arranged services the service provider are to be informed immediately in writing of damage, defective contractual performance etc., which must be confirmed by them. Nevertheless, no guide is authorised to acknowledge claims on behalf of the Organiser. Within the programme and where possible, guides will endeavour to provide assistance.
Claims for compensation and reduction are to be received by the Organiser in writing within 10 days of the end of the activity by means of registered post. Confirmation by the activity guide as well as any evidence is to be included. All claims lapse in the event of delayed submission or late complaint during the activity.
10. Image rights
By signing the confirmation, the Client agrees to zem. GmbH being allowed to use photos of the event for promotional purposes without checking with the affected party.
11. Governing law / jurisdiction / severability clause
The law of Switzerland applies Sole jurisdiction for all disputes arising from this agreement lies with the courts of Visp.
One or more provisions of these T&Cs being invalid and/or incomplete is replaced by a rule coming as close as possible to the invalid and/or incomplete provision in effectiveness. The validity of the remaining provisions remains unaffected.
12. Changes to the T&Cs
Subsequent changes or additions to these T&Cs become an integral part of the contract if the Client fails to object within 30 days of becoming aware of the amended terms and conditions.
zermatt-event management GmbH, Schluhmattstrasse 229, CH-3920 Zermatt, Phone: +41 27 967 03 74 Fax: +41 (0)27 967 03 75, www.zermatt-event-management.ch firstname.lastname@example.org
Account no. 91576.83
IBAN: CH42 8049 6000 0091 5768 3/CHF
These T&Cs apply as of 05.09.2019