General Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC) MY GUIDE (Updated 2024)

These General Terms and Conditions (GTC) apply to all transactions and contracts between My Guide GmbH (My Ski School and Swiss Ski Concierge operations), Winkelriedstrasse 4C, CH-3604 Thun (hereinafter referred to as “the Provider”), and the Customer. By registering, proceeding with payment, or confirming the booking conditions (via email, WhatsApp, or other communication channels), the Customer agrees to accept these GTC as an integral part of the contract.

1. Order Process

1.1. Customers interested in purchasing services must submit a complete order form electronically or send a detailed request via email specifying the desired services.
1.2. An order constitutes a proposal for a contract, which is finalized once the Provider confirms availability and receipt via email.

1.3. Orders may be placed through various methods, including electronically, in writing, over the phone, or in person, either directly by the Customer or through third parties.

1.4. By submitting an order, the Customer explicitly acknowledges that they have read, understood, and agreed to these General Terms and Conditions (GTC).

2. Payment Terms

2.1. The total service amount must be fully paid at least 30 days before the activity starts. For last-minute bookings, the entire payment is required immediately upon confirmation.
2.2. If payment is not received within the specified timeframe, the Provider reserves the right to withhold services, cancel the contract, and impose cancellation fees (outlined in Section 4).

2.3. Accepted payment methods include:

Bank Transfer (details below)

Credit Card (via a secure third-party platform)

Cash (prior to the service commencement)

Bank Details:

Account Owner: My Guide GmbH, Winkelriedstrasse 4C, 3604 Thun, Switzerland

Bank Name: Post CH AG, Wankdorfallee 4, CH-3030 Bern

IBAN (CHF): CH10 0900 0000 6134 8694 2

IBAN (EUR): CH83 0900 0000 9144 1454 8

BIC: POFICHBEXXX

2.4. Customers are responsible for any transaction fees or surcharges incurred during the payment process.

3. Cancelation Policy

3.1. All cancelations must be made in writing and sent to [email protected] or [email protected]. The cancelation date is determined by the date the written notice is received.

3.2. In the event of a cancelation by the customer, a standard cancelation policy will apply, depending on the chosen payment method:

• For credit card payments, a cancellation fee of 5% of the booking amount will be charged, covering third-party and administrative fees, with a minimum charge of 30 CHF.
• For bank transfers, a cancellation fee of 2% of the booking amount will be charged, with a minimum charge of 30 CHF.

3.3. Refunds are calculated based on the total booking amount and the timing of the cancellation:

• Bookings up to 1,500 CHF:
  • Full refund (Standard cancelation policy) if canceled at least 48 hours prior to the activity.
  • 100% charge for cancellations within 48 hours.
• Bookings between 1,500 CHF and 5,000 CHF:
  • Full refund (Standard cancelation policy) if canceled 10 or more days before the activity.
  • 50% charge for cancellations within 10 days.
  • 100% charge for cancellations within 48 hours.
• Bookings between 5,000 CHF and 10,000 CHF:
  • Full refund (Standard cancelation policy) if canceled 14 or more days before the activity.
  • 50% charge for cancellations within 14 days.
  • 100% charge for cancellations within 48 hours.
• Bookings over 10,000 CHF: Handled on an individual basis.

3.4. Bookings outside Zermatt: No refunds for cancelations made within 30 days of the scheduled activity date. In all other cases standard cancelation policy is applied.

3.5. In case of cancelations due to medical reasons, bookings may be rescheduled within 12 months, subject to availability and seasonality.

4. Provider and Customer Withdrawal

4.1. The Customer has the right to withdraw from the contract if significant changes are made to key contract terms or if the total price increases by more than 10%. In such cases, the Provider will attempt to offer alternative services.

4.2. The Provider reserves the right to cancel services if the Customer behaves inappropriately or fails to comply with terms and conditions. In such cases, cancellation fees outlined in Section 3 apply.

4.3. Weather conditions, natural disasters, force majeure, or official restrictions may necessitate program modifications, cancellations, or discontinuations. The Provider is not liable for such changes, but services will continue if at least one slope remains operational.

5. Client Responsibilities

5.1. Customers are responsible for being on time and at the agreed meeting point. Delays caused by the Customer do not affect the scheduled end time of the service.

5.2. Customers must secure adequate travel insurance, including coverage for cancellations, accidents, or other unforeseen circumstances.

5.3. If the Customer discontinues the service early or fails to attend, no refunds will be provided.

6. Conditions of Participation

6.1. All participants must be in good health and must disclose any relevant health issues in writing before the activity.

6.2. Participation while under the influence of alcohol, drugs, or other impairing substances is strictly prohibited.

6.3. Participants must comply with the instructions of the Provider and staff at all times. Non-compliance may result in exclusion without a refund.

7. Insurance

7.1. The Provider does not offer insurance coverage. Customers are solely responsible for obtaining adequate health and accident insurance, including coverage for sports-related injuries and rescue costs.

7.2. Ski Pass Insurance: Customers are strongly advised to purchase ski pass insurance, which typically covers unused ski passes, lessons, and rental equipment.

8. Use of Photos and Videos

8.1. By participating in the Provider’s services, the Customer agrees that photos and videos taken during the activity may be used for business and marketing purposes, including advertising, promotional materials, and social media.

8.2. Customers who do not wish for their images to be used must notify the Provider in writing before the activity.

9. Complaints

9.1. Complaints should be raised immediately during the service to allow for resolution.

9.2. If unresolved, complaints must be submitted in writing within two weeks of the activity’s conclusion, including supporting evidence. Delayed complaints will not be considered.

10. Liability

10.1. The Provider is liable only for failures or deficiencies directly under their control.

10.2. The Provider is not responsible for losses due to force majeure, third-party actions, or Customer negligence.

10.3. Liability for non-contractual claims is limited to the applicable laws in Switzerland.

11. Data Protection

11.1. The Provider will use personal data solely for contract-related purposes.

11.2. Personal data will not be shared with third parties without explicit consent.

11.3. By registering for services, the Customer consents to receive promotional materials. This consent can be withdrawn at any time.

12. Applicable Law and Jurisdiction

Swiss law governs these terms. The exclusive legal venue for disputes is the court in Thun, Switzerland.