These general terms and conditions (hereinafter “T&C”) apply to all activities of Swiss Alpine Adventure GmbH (also trading as Wannabe Watersports) They regulate the legal relationship between the respective company (hereinafter “organiser”) and every natural person (hereinafter “participant” or “customer”) who make use of the organiser’s services.
2 Registration / conclusion of a contract
Registration is usually made electronically, but, can also on occasion be made by telephone or in person directly with the organiser and is generally possible at any time. Free places cannot be guaranteed, which is why early registration (and payment) 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 for accuracy and completeness. Any discrepancies must be reported to the organiser immediately. Follow-up costs that arise from failure to report are borne by the participant.
By signing up for an event you enter a contract for the activity, tour or product according to the announcement of the organiser. The organiser undertakes to provide the activity or tour booked by the participant as part of the advertisement. The participant undertakes to pay the organiser the contractually agreed price. Service extensions can be considered in consultation with the organiser. Any additional costs arising from this are to be borne by the participant. Due to the nature of outdoor activities the organiser reserves to the rights to amend the activity if necessary based on weather, avalanche risk, or other unforeseen circumstances if it is necessary to do so for the safe running of the event. In a small number of cases this may lead to a small increase in price which will need to be borne by the participant.
All prices (unless otherwise stated) are per person and in Swiss Francs (CHF). We expressly reserve the right to change prices.
5 Terms of Payment
The total amount according to the reservation is due when the contract is concluded (time of registration) and must be paid within seven days of registration or before the start of the activity or tour. (whichever comes first). 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 change of booking by the participant
By registering for an activity you are making a firm booking to participate in that activity. Cancellation is only possible up to 30 days before the event but you will still be charged 15% of the total reservation cost. From 30 days prior to the event no refund can be offered, but your place on the activity or event can be passed on to someone of a suitable skill level to participate in said event/activity. The decisive point in time is when the notification is received by the organiser. No refund will be offered within 30 days of the event if it is cancelled for any reason by the participant.
6.1 Special provisions for total cancellation of mountain sports offers
In the rare event we need to cancel an activity from our side for reasons beyond our control (such as pandemic) a full refund will be given or a credit for another activity. We reserve the right to alter the activity if necessary to ensure that it can be carried out in a safe fashion.
6.2 Cancellation insurance
We strongly recommend that you take out cancellation insurance and it is the responsibility of the participant. In the event that the participant withdraws from the contract, the participant’s cancellation insurance generally covers the above costs.
6.3 Program changes by the participant
If the participant starts late or leaves the activity prematurely, 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 the participant.
7 Cancellation or program change by the organiser
There is a minimum number of participants for various activities or tours. The organiser 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 organiser will endeavour to find suitable replacement services. If it is not possible to fulfil 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 lack of ability to participate
The activity or tour can also be cancelled at short notice by the organiser if, through their behaviour or omission, participants give cause before or during the activity that the fulfilment of the contract is jeopardized or impossible, or if the activity is due to illness or lack of fitness of the participant must be cancelled or changed. The participant has no right to a refund.
7.3 Force majeure
If an activity or parts of it cannot be carried out as a result of force majeure, safety concerns of the organiser, official measures, strike, non-operation of the mountain railways or unsafe weather and / or natural conditions, the organiser is entitled to cancel the activity at short notice without any obligation to pay compensation. Cancellations will be communicated to the participant immediately.
7.4 Significant changes to the contract
If there is a significant change to an essential point in the contract before the start of the activity or tour, if the program change leads to a price increase of more than 15%, 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
Good health is assumed for all activities and tours of the organizer. The participant undertakes to inform the organiser about any health problems. In particular, the following health conditions may 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. Please discuss this with the organiser at time of registration to ensure that this participation is safe in this event. Under no circumstances may the participant be under the influence of drugs, alcohol or psychotropic drugs and the like.
8.2 Instructions from the organiser
The participant declares that he will fulfil the conditions of participation and strictly follow the instructions of the organiser and the guides or instructors running the events for the organiser. If the conditions of participation are not met or the instructions are not followed, the organiser can exclude the participant from the activity or tour. In the event of exclusion no refunds will be made.
8.3 Age determination
Participants under 18 years of age need the consent of their legal representative in order to be able to participate in the activity or tour. There is a minimum age for certain activities or tours.
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 which covers the event reserved).
Should the participant have any complaints or suffer damage, he or she must inform the activity or tour leader immediately. However, the activity or tour leader is not entitled to recognise claims, which is why such a confirmation does not have the effect of an acknowledgment of guilt. The activity or tour leader will endeavour to remedy the situation during the activity or tour.
Claims for damages are excluded unless they were caused by wilful intent. The organiser is entitled to call in assistants and / or third parties to provide the service. If the organiser legitimately delegates the execution of the activity or tour to a third party, the organiser is not liable for their actions or omissions, as far as legally permissible.
In particular, the organiser 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 organiser, activity or tour leader, etc., any liability on the part of the organiser is void.
12 Data protection
The separate privacy protection declaration on the organiser’s website applies.
13 Applicable law and place of jurisdiction
Only Swiss law is applicable to the contractual relationship. The parties agree that the seat of the organiser 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 they would not have been concluded without the ineffective part.
The organiser 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.