General Terms and Conditions of Contract and Travel
We are delighted that you are interested in visiting our destination. Please read the general contract and travel terms and conditions below thoroughly. They form part of every contract.
1. Scope
1.1. These terms and conditions govern the contractual relationship between you and Appenzellerland Tourismus AR, for package deals organised by us and other services provided by us.
1.2. These terms and conditions distinguish between package tours, accommodation and other services. Package tour shall mean multiple tourist services sold for one complete price as a package.
1.3. In cases where Appenzellerland Tourismus AR acts as agent for accommodation services or other services that are not a “package tour” as set out in section 1.2. of these terms and conditions, namely travel arrangements or individual services for other service providers, we are not the contractual partner with regard to these services, and the terms and conditions of the relevant business partners shall apply. In such instances we shall accept no liability whatsoever for services provided by third parties. Should such services be cancelled or cease, for any reason, this shall not affect our relationship. Please refer in this case to the third-party service providers’ terms of liability.
2. Conclusion of contract
2.1. The contract shall be concluded upon acceptance of your written (letter, e-mail, fax or internet) or telephone booking by Appenzellerland Tourismus AR and shall be final from that point in time.
2.2. The services provided under the contract are those laid out in the brochures, on the internet and in the confirmation message.
2.3. The number of people specified to occupy a rental property/ hotel room as set out in the contract must always be respected and may not be exceeded without explicit consent from Appenzellerland Tourismus AR and the service provider. Otherwise the contract may become void and Appenzellerland Tourismus AR and the service provider cannot be held liable for any claims of compensation in this regard.
3. Terms of payment, prices and additional charges
3.1. For package tours, payment in full is due upon conclusion of the contract. For other services as set out in section 1.3. of these terms and conditions, payments due shall be made to the individual service providers and are regulated by their respective terms and conditions unless stated otherwise in the booking confirmation.
3.2. The prices stated in the booking confirmation are binding and, unless otherwise specified, are given in Swiss Francs and include VAT. We reserve the right to adjust prices for reasons outside our control (e.g. currency fluctuations, newly introduced or increased taxes, levies etc.). In some cases, the specified additional charges are only guidelines and are thus subject to minor changes.
3.3. In cases of erroneous bookings due to systemic faults in the booking system, the agreed prices are deemed invalid. In such cases, Appenzellerland Tourismus AR has the right to cancel the booking without compensation.
3.4. The statutory tourist tax per person per night will be added to the accommodation price, unless stated otherwise on the booking confirmation.
3.5. The invoice is payable within 10 days after the date of issue unless stated otherwise on the booking confirmation. Should the period between the booking and the stay be too short for an advance transfer, guests may arrange with the service provider to pay on site.
3.6. Should the payment not be made on time, Appenzellerland Tourismus AR acting as agents may withhold all services, terminate the contract without compensation and demand payment of a cancellation fee pursuant to section 4.
4. Cancellation of and changes to the booking by the guest
4.1. Our prior consent in writing is required should you wish to cancel or change your booking. Should we consent to the cancellation/ change, we will charge an administration fee of CHF 50 per booking. You need to inform us about your intent to change or cancel your booking without delay, in person or in written form, by letter or e-mail.
4.2. The cancellation date shall be the date on which the consent by Appenzellerland Tourismus AR is given; on Saturdays, Sundays and public holidays the relevant date shall be the next business day.
4.3. In the event of a cancellation, the following cancellation fees will be charged in addition to the administration fee set out in section 4.1.: 32 days or more before the original arrival date: no extra costs; 31 - 14 days before the original arrival date: 50% of the total amount: 13 - 5 days before the original arrival date: 75% of the total amount; 2 - 0 days before the original arrival date: 100% of the total amount.
4.4. A “no show” shall be treated like a cancellation. In this case, Appenzellerland Tourismus AR or the service provider, respectively, have the right to charge the amount due to the credit card you guaranteed the booking with. In the event of early departure, the total amount remains due.
4.5. Should you be prevented from travelling, you may, in principle, name a person who will take over the travel arrangements under the same conditions. Such an arrangement is subject to your replacement taking on responsibility for all travel costs and the service providers involved (hotels, transport companies etc.) accepting this change.
4.6. Appenzellerland Tourismus AR does not offer cancellation insurance. However, it is recommended that you purchase cancellation insurance elsewhere.
5. Changes to the programme and cancellation of the booking by the organiser
5.1. The booking may need to be changed due to unforeseeable circumstances. In such cases, Appenzellerland Tourismus AR will try its utmost to provide an equivalent substitute or another feasible solution.
5.2. You will be compensated for a potential difference in value between services advertised and actual services provided if this difference comes about as the result of a fault of either Appenzellerland Tourismus AR or a service provider.
5.3. In cases of force majeure (natural disasters, civil unrest, strikes, system outages etc.), measures prescribed by the authorities, accidents, technical defects etc., Appenzellerland Tourismus AR is entitled to cancel the booking without compensation. Should the booking be cancelled by Appenzellerland Tourismus AR before the commencement date of the travel arrangements, payments that have already been made will be reimbursed.
6. Complaints
6.1. As a matter of principle, Appenzellerland Tourismus AR does not assume liability (see section 7). In particular, Appenzellerland Tourismus AR is not obliged to provide compensation. This is a matter for the service provider.
6.2. Should the services provided not be consistent with the contractual agreement or should you suffer any damage or loss, you are entitled and obliged to notify the relevant service provider immediately of such shortcoming or damage.
6.3. If no suitable solution can be found on site with the help of the service provider and the shortcomings can thus not be remedied or not remedied sufficiently, a written complaint must be submitted no later than 10 days after the agreed end of the arrangements to Appenzellerland Tourismus AR. However, Appenzellerland Tourismus AR is not obliged to respond to notifications of this kind.
6.4. Should you fail to notify the local service provider (see section 6.2.) or to meet the deadline for notifying Appenzellerland Tourismus AR in writing (see section 6.3.), all potential claims will expire immediately.
7. Liability
7.1. Any liability under these terms and conditions is excluded to the extent permitted by law.
7.2. Under no circumstances can Appenzellerland Tourismus AR be held liable for services provided and promises made by third parties (see also section 1.3.).
7.3. Should services etc. that were to be provided by third parties be dropped for any reason, this shall not affect the relationship with Appenzellerland Tourismus AR. In particular, no customer rights to cancellation or amendment arise from such cessation of services.
7.4. Appenzellerland Tourismus AR is responsible for the sale and the technical transmission of the booking confirmation to the customer. A booking shall be deemed to be confirmed successfully to the customer once the transmission log of the booking system, the fax journal report, etc. show a fault-free transmission of the confirmation. For confirmations sent by post, Appenzellerland Tourismus AR cannot provide proof of postage. The same applies to booking confirmations sent to the accommodation provider.
7.5. Guests must pay in full for damage that was verifiably caused by the guests during their stay. The owner of the property or their representative must be notified of any damage before the departure of the guests.
8. Ombudsman
8.1. Before entering into a legal dispute about any matters arising from your travel arrangements, you are obliged to contact the Ombudsman of the Swiss travel industry, P.O. Box, 8801 Thalwil, Switzerland. The ombudsman always strives to come to a fair and balanced decision should disputes between travel customers and travel providers arise. If no agreement can be reached, recourse to the courts is open to either party.
9. Amendments to / validity of the terms and conditions
9.1. Changes to these terms and conditions and special individual arrangements need to be made in writing.
9.2. Should any provision in these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
10. Applicable law and place of jurisdiction
10.1. The contractual relationship between you and Appenzellerland Tourismus AR shall be governed exclusively by Swiss law. International agreements and the Swiss Code on Private International Law shall not apply, to the extent legally permissible. The exclusive place of jurisdiction in the first instance for any disputes arising from the contractual relationship is the cantonal court of Appenzell Ausserrhoden, Trogen, Switzerland.
Heiden, 1 October 2015