1. The customer, who registers with My Guide GmbH, Lindenhof 6, CH-6060 Sarnen shall accept these General Contractual Terms and Conditions as a component of the contract, by means of his registration.
2.1 The purchaser who is interested in buying services from the Seller, whose offer is published at the Server, shall fill in the electronic order form and send it via electronic mail to the seller.
2.2 Such orders shall be considered a proposal of contract upon purchase, with services as the subject matter stated in the order. Valid for purposes of contract upon purchase, shall be the offer of services which includes the price of purchase.
2.3 By sending his order to the Seller, the purchaser confirms that he has made himself fully familiar with the GTCs, and agrees to them.
2.4 After the order is delivered to the seller, the seller will send an electronic answer to the purchaser confirming delivery of his order. The contract upon purchase is concluded at the moment when confirmation of the purchaser’s order is delivered.
2.5 On the basis of the sales contract, the Seller is obliged to provide the service to the purchaser, and the purchaser is in turn obliged to accept this service and pay the price of purchase.
2.6 The purchaser is entitled to pay the price of purchase according to invoice, by bank transfer to the account of the seller before the service.
3. Payment terms
When registering up to 30 days prior to the start of the service, a deposit of 50% of the total amount shall be paid with the booking. The remaining payment shall take place by not later than 15 days prior to the service.
For short-term registrations of less than 30 days prior to the service, the total amount shall be payable when booking. Non-timely payment shall entitle the organizer to withhold the service, rescind the contract and request cancellation costs pursuant to Subsection 4. The payment can be made through bank transfer or by credit card through Internet.
Bank account details: POST FINANCE
Bank account: Post CH AG, Wankdorfallee 4, CH – 3030 Bern
IBAN: CHF CH10 0900 0000 6134 8694 2, IBAN: EURO
CH83 0900 0000 9144 1454 8 BIC: POFICHBEXXX
My Guide GmbH, Lindenhof 6, CH-6060 Sarnen
4. Withdrawal by the customer prior to start of service
The withdrawal must be notified in writing, in any case. For the calculation of the periods, the receipt of post at My Guide shall be relevant. up to 15 days prior to start of the service: Refund of 90% of the invoice sum.
14 – 6 days prior to start of the service: Refund of 50% of the invoice sum.
5 days and fewer prior to start of the service/non-appearance by the customer: no refund of the amount already paid, i.e. the entire amount is owed.
5. Withdrawal by the participant as a result of a material contractual change prior to start of service
If a material change should take place to significant contractual point prior to the start of the service or if the programme modification should result in a price increase of more than 10%, the participant shall be entitled to withdraw from the contract. With programme changes prior to the service, the organizer shall strive to offer a replacement service, which is as equivalent as possible.
6. Withdrawal by the organizer prior to start of service
The organizer can cancel the service, if the participant provides reason for this through his actions and omissions. In this case, the cancellation provisions pursuant to Subsection 4 shall apply.
7. Insignificant programme change and price changes of less than 10% prior to contract conclusion
A price change of less than 10% shall be regarded as insignificant and shall be explicitly reserved.
8. Minimum number of participants and compensation for inconvenience
There are a minimum number of participants for all group lessons offered by the organizer. If there will be fewer participants than minimum number should be, the organizer may cancel the lessons at short notice or offer to the purchaser the private lessons (subject to an extra charge).
In case if the participants are not able to join another course, the organizer will reimburse the price for the course that was already paid. Further claims are excluded.
9. Programme changes after contract conclusion or after discontinuation of the service
If the weather and natural conditions, official measures, force majeure should make the service significantly more difficult, jeopardise it or make it impossible, the organizer has the right to adapt a course to the weather conditions. Ski lessons will be given as long as one slope is available.
10. Discontinuation of the service by the customer
If the participant should discontinue the service or leave it prematurely, not refund shall take place. Any additional costs shall be at the expense of the participant.
11. Cooperation duties of the participants, conditions of participation
For all services, good health shall be a requirement. The participants shall be obligated to inform the organizer about any health problems. Under no circumstances are participants permitted to be under the influence of drugs, alcohol or antipsychotics and similar.
The customer shall be obligated to fulfil the conditions of participation and strictly following the instructions of the organizer, employees and auxiliary persons. In case of non-fulfilment of the conditions of participation or failure to following instructions, the organizer shall be entitled to exclude the participant from the service. In case of exclusion prior to the start of the service, the cancellation provisions pursuant to Subsection 4 shall apply, after the start of the service, no refunds shall take place.
The participants shall not be insured by the organizer. The participants must take care of sufficient sickness and accident insurance protection (including sport accidents, recovery costs, etc.) themselves.
In case of complaints, the leader/service provider shall strive to find a remedy within the context of the programme and the possibilities available.
If no remedy or insufficient remedy should take place or if a participant should assert compensation claims, the claims must be asserted in writing with the service provider, within 2 weeks after the contractual end of the service. The complaint shall include the confirmation by the leader/service provider and any available evidence. In case of a late or omitted complaint, all claims shall be forfeited.
14.1 Failure of service, inferior service
The organizer will reimburse you the agreed value difference within the frame of the general terms and conditions, for services that are not well done or badly done, as long as a substitute service of the same value cannot be offered on the spot, and when the fault lies with the organizer or his helpers.
14.2 Liability exclusions
The organizer shall specifically not be held liable for losses due to actions and omissions by the leader, which are not related to the provision of the contractually agreed services, as well as for force majeure, natural phenomena, official orders, etc. If a participant should not follow the instructions of the organizer or activity leader, any liability by the organizer shall lapse. If the organizer should justifiably transfer the execution to a third party, the organizer shall not be held liable for his actions and omissions.
14.3 Non-contractual liability
Non-contractual liability shall be based on the relevant legal provisions. If these General Contractual Terms and Conditions should envisage stricter liability preconditions, liability limitations or liability exclusions, then these may be used.
15. Protection of personal data
15.1 The Seller shall process and use the personal data provided by the purchaser exclusively for the purposes of the fulfilment of rights and obligations in compliance with this Contract.
15.2 The seller is authorized to process or use personal data in other than the agreed way, only after consent is obtained from the purchaser. The purchaser expresses his consent to the processing of his personal data at the moment of registration as a new customer at the server. Even in this case, the seller only has the authorization to process and use the purchaser’s personal data, to send offers concerning his own goods and other business information via electronic post. This does not apply in the case of the purchaser announcing to the seller, that he is not willing to provide his consent to receiving information concerning seller’s offer of goods, or receiving other business information from the seller. This is not valid in the case of the purchaser refusing to provide the seller his consent with delivery of sellers’ offer of goods or any other kind of sellers’ business information.
15.3 The seller is not authorized to provide the personal data of the purchaser to any third party, without the prior consent of the purchaser.
16. Applicable law and legal venue
Swiss law shall apply. The parties agreed that the exclusive legal venue shall be the responsible court in Sarnen.