General travel and contract conditions (ARVB)

The following provisions are part of the travel contract concluded between the customer and Adam Travel – Fuchsenried 15, CH-2504 Biel enter the company (hereinafter referred to as “AdamTravel”). The rights and obligations of the customer and AdamTravel result from the individual, written agreement, from the ARVB and from the statutory provisions. Please also note the travel information in AdamTravel’s publications. For the sake of simplicity, we use the masculine form and write “customers” or “participants”, but are aimed equally at female and male customers. Please read these travel conditions carefully before booking:

 

1. Conclusion of the travel contract / obligation of the customer

• With the booking (travel registration), the customer offers AdamTravel the conclusion of a binding travel contract. The basis of this offer is the travel advertisement and the supplementary information from AdamTravel for the respective trip, insofar as this is available to the customer.
• The booking can be made verbally, in writing, by telephone, fax or electronically (e-mail, internet). In the case of electronic bookings, AdamTravel will immediately confirm receipt of the booking electronically. This confirmation of receipt does not yet constitute a confirmation of acceptance of the booking order.
• The customer is responsible for providing AdamTravel with correct personal data (name and date of birth as stated in the passport). Likewise, the customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, provided that he has accepted this obligation by express and separate declaration. These ARVB are binding for all travel participants.
• It is also the responsibility of the customer to check all information for completeness and correctness after receiving the invoice / confirmation. Discrepancies must be reported to AdamTravel immediately. The follow-up costs incurred as a result of failure to report are borne by the customer.
• Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorized by AdamTravel to make agreements, provide information or make assurances that change the agreed content of the travel contract, go beyond the contractually promised services of AdamTravel or contradict them stand for the travel advertisement.
• Local and hotel brochures, as well as internet advertisements that are not published by AdamTravel, are not binding for AdamTravel and its obligation to perform, unless they have been made the subject of the travel advertisement or the content of AdamTravel’s obligation to perform through an express agreement with the customer.
• The contract between the customer and the third-party company comes about through the mere mediation of third-party services. AdamTravel is not a contracting party in such cases and these ARVB are not applicable.
• Provisional reservation: Provisional reservations are possible for certain services. These do not constitute a travel contract and are non-binding for both parties.

 

 

2. AdamTravel services

• The scope of services of AdamTravel is basically determined by the information communicated in writing, such as E-mail, travel confirmation, invoice as well as in accordance with the service descriptions in the general publications of AdamTravel such as on the Internet or travel brochures.
• In cases of force majeure, such as fire damage, floods, strikes, legal lockouts, natural disasters, withdrawal of landing rights and epidemics (including epidemics and pandemics) and related official measures, the scope of services provided by AdamTravel is limited or reduced. In these cases, the service descriptions in AdamTravel’s general publications are not binding. In the event of the provision of services being restricted or reduced due to unforeseeable, unavoidable events, the customer is not entitled to a refund of the travel price. Further compensation will be rejected.
• Changes to essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by AdamTravel in bad faith, are only permitted insofar as the changes are not significant and do not affect the overall layout of the trip. AdamTravel is obliged to inform the customer about significant changes in service immediately after becoming aware of the reason for the change.
• In the event of a significant change in an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least equivalent value, if AdamTravel is able to offer such a trip from its offer at no additional cost to the customer. The customer must assert these rights immediately after AdamTravel declares the change in the travel service or the cancellation of the trip.

 

3. Payment terms and prices

• The terms of payment according to the information on the invoice / confirmation apply. After conclusion of the contract, a deposit of 35% of the tour price is due for payment. If the travel price includes the costs for flights that are payable immediately and cannot be canceled, the down payment can also be higher. The remaining payment is due no later than 30 days before the start of the trip, unless otherwise noted on the invoice / confirmation and the trip can no longer be canceled for the reason stated in Section 7. When booking online on www . adamtravel . The payment is due immediately and the travel documents are issued directly.
• The price is primarily based on the information communicated in writing by AdamTravel, such as Travel confirmation or by email. The price is subordinate to the prices published in the general publications of AdamTravel.
• Unless otherwise stated, the prices quoted by AdamTravel are per person in Swiss Francs (CHF) and include the statutory value-added tax. The prices are cash prices. If the customer pays by credit card, the booking office can charge a surcharge. Trips over several price periods are calculated proportionally at the respective seasonal prices. The booking office reserves the right to process and reserve as well as any additional costs for the trip as well as on site such as visa fees, tourism taxes, etc.
• If the customer does not make the down payment and / or the final payment according to the agreed payment due dates, AdamTravel is entitled to withdraw from the travel contract after a reminder with a deadline and to charge the customer with cancellation costs in accordance with section 5.2, sentences 2 to 5.5.

 

4. Price increase

AdamTravel reserves the right to demand the price agreed in the travel contract from the customer in the event of an increase in transport costs (e.g. fuel surcharges) or charges for certain services such as airport / security fees or a change in the exchange rates applicable to the trip in question.

This increase can be claimed no later than 22 days before the agreed travel date. In the event of price increases of more than 10%, the customer is entitled to withdraw from the travel contract without charges or to request participation in a trip of at least equivalent value, if AdamTravel is able to offer such a trip from its offer at no additional cost to the customer. Further claims for damages are excluded.

 

5. Cancellation by the customer before the start of the journey / cancellation costs

• The customer can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared to AdamTravel at the address given above. If the trip was booked through a travel agency, the withdrawal can also be declared to this. The customer is recommended to declare the cancellation in writing.
• If the customer withdraws before the start of the journey or if he does not start the journey, AdamTravel loses the right to the travel price. Instead, if AdamTravel is not responsible for the withdrawal or in a case of force majeure, AdamTravel can demand appropriate compensation for the travel arrangements made up to the withdrawal and its expenses depending on the respective travel price.
• AdamTravel has staggered this claim for compensation, i.e. taking into account the proximity of the time of withdrawal to the contractually agreed start of the trip in a percentage ratio to the travel price and when calculating the compensation, usually saved expenses and usually possible other uses of the travel services are taken into account. The compensation shall be calculated as follows according to the time of receipt of the customer’s declaration of withdrawal:

15% of the tour price if you cancel from the booking date up to 61 days before your arrival date.

Up to and including the 60th-31st day before departure	35%
From the 30th day to the 15th day before departure	50%
From day 14 to 01. Day before departure	100%

 

In the event of a cancellation, the general terms and conditions of the airline booked apply in addition to the cancellation fee if the tickets have already been issued. This cancellation fee will be passed on to the customer.

There is also a 5% bank fee on refunds.

 

• AdamTravel reserves the right to demand higher, specific compensation instead of the above flat rates, provided that AdamTravel can prove that it incurred significantly higher expenses than the applicable flat rate. In this case, AdamTravel is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services. The customer’s statutory right to provide a substitute participant remains unaffected by the above conditions.
• If the substitute participant suggested by the customer declares that he is willing to enter into the contract with all rights and obligations instead of the customer, then, in addition to the travel price, only the processing fees and any additional costs are owed. The substitute participant must meet the travel requirements (e.g. statutory or official requirements, visa requirements) and the change must be accepted by the service providers. The customer and the substitute participant are jointly and severally liable for payment of the price and for any additional costs.
• We strongly recommend that you take out travel cancellation and travel interruption insurance in the event of illness or an accident, for example.

 

6. Rebooking

After the conclusion of the contract, the customer is not entitled to changes to the content of the contract (rebooking). However, AdamTravel tries to meet the customer’s rebooking requests – if possible.

If AdamTravel makes a rebooking at the customer’s request, processing fees of CHF 100 per person, but not more than CHF 200, will apply in addition to any additional costs.

Rebooking requests from the customer must be in writing. The rebooking is now binding as soon as it has been confirmed in writing by AdamTravel.

AdamTravel reserves the right to change its range of services at any time (subject to change). AdamTravel is entitled to unilaterally change the published service offers (hotel, airline, travel route, price information) in their catalogs, internet, etc. at any time.

 

7. Unused service

If the customer does not use individual travel services that were properly offered to him for reasons that are attributable to him (e.g. due to early return or for other compelling reasons), he is not entitled to a proportionate reimbursement of the travel price. AdamTravel will endeavor to reimburse the saved expenses by the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is contrary to legal or official provisions.

 

 

8. Resignation by AdamTravel

Fundamental error

In the event of a material error in the conclusion of the contract, in particular in the case of calculation and / or publication errors in the travel price, AdamTravel is entitled to withdraw from the contract. The customer is entitled to a refund of the payments made.

 

Withdrawal due to not reaching the minimum number of participants

AdamTravel can withdraw from the travel contract if the minimum number of participants is not reached.

A withdrawal must be declared to the customer at the latest on the 22nd day before the agreed start of the journey.

If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, AdamTravel must immediately make use of its right of withdrawal.

If the trip is not carried out for this reason, the customer will immediately receive back payments made on the trip price.

Alternatively, the customer is free to take a replacement trip if possible. If the substitute trip is of inferior value compared to the contractually agreed trip, the customer can demand compensation for the inferior value. Further claims for damages are excluded.

 

9. Termination for behavioral reasons

If the customer or a travel participant under their responsibility makes it unreasonable for AdamTravel to comply with the contract due to inappropriate behavior, AdamTravel is entitled to terminate the travel contract without observing a notice period.

If AdamTravel cancels, he retains the right to the travel price; he must, however, have the value of the saved expenses as well as those advantages credited that he gains from using the unused service for other purposes, including the amounts credited to him by the service providers.

It is also considered inappropriate behavior if the customer’s state of health obviously does not meet the requirements listed in the service description or in good faith.

 

10. Customer’s duty to cooperate / complaints

• Customer’s duty to cooperate

The obligations to cooperate result from this regulation and the regulations of the information communicated in writing as well as the requirements published in the general publications of AdamTravel.

In addition to paying the travel price, the customer is particularly responsible for the following duties to cooperate:

• The customer is obliged to immediately check the documents sent to him (e.g. invoice, travel confirmation, travel documents) for correctness and completeness, in particular for compliance with the booking, and to notify AdamTravel in writing immediately of any discrepancies.
• The customer is responsible for compliance with the relevant travel regulations (in particular with regard to the validity of the passport, obtaining visas, carrying out vaccinations or PCR tests).
• The check-in times (e.g. airport) and baggage regulations specified by the service providers must be observed. If the customer does not check out or takes off too late, the travel price will not be refunded. The obligation to carry does not apply. If the customer misses the return flight, he must book another return flight at his own expense. This also applies in particular to changes to the flight plan.
• In the event of pregnancy, the customer must find out about the transport conditions in advance and comply with them. On top of that, the customer is obliged to inform AdamTravel in writing of the pregnancy.
• With regard to the requirements of the planned trip, the customer must assess his own state of health and, if necessary, refrain from the trip.
• If the customer violates his duty to cooperate, AdamTravel assumes no liability. Claims for compensation by the customer due to defects do not apply.
• Complaints and notification of defects

 

If the trip is not performed in accordance with the contract, the customer can request a remedy.

However, the customer is obliged to notify the tour guide employed by AdamTravel or the local agency immediately of any travel deficiency that has occurred. The customer can also request remedial action directly from AdamTravel at AdamTravel’s registered office at the address given above. AdamTravel tries to find suitable solutions. If no suitable solution can be found on site, the customer must obtain written confirmation from the service provider or the local representative (facts, list of defects). If he culpably fails to do so, the travel price will not be reduced.

The customer will be informed about the availability of the tour guide or AdamTravel in the service description, but at the latest with the travel documents.

The tour guide is instructed to take remedial action, if this is possible. However, it is not authorized to recognize the customer’s claims.

• Setting a deadline before termination

If a customer wishes to terminate the travel contract due to a lack of travel or for an important reason recognizable to AdamTravel due to unreasonableness, he must first set AdamTravel a reasonable period of time to remedy the situation. This only does not apply if remedy is impossible or is refused by AdamTravel or if the immediate termination of the contract is justified by a special interest of the customer, recognizable to AdamTravel.

• Baggage damage and delayed baggage

The organizer urgently recommends reporting damage or delivery delays in the case of air travel to the responsible airline immediately by means of a damage report (PIR Property Irregularity Report). Airlines usually refuse reimbursements if the damage report has not been completed. In the event of damage to luggage, the notification of damage must be made within seven (7) days and in the event of delay within twenty-one (21) days of delivery. In addition, the loss, damage or misdirection of luggage must be reported to the tour guide or the local representative of the organizer.

• Travel documents

The customer must inform AdamTravel if he does not receive the necessary travel documents within the deadline notified by AdamTravel.

 

11. Limitation of Liability

• AdamTravel’s contractual liability for damage other than personal injury is limited to twice the travel price.
  1. insofar as damage to the customer is not caused intentionally or through gross negligence, or

1. as far as AdamTravel is responsible for any damage suffered by the customer solely due to the fault of a service provider.

• AdamTravel’s tortious liability for property damage that is not based on intent or gross negligence is limited to three times the travel price. This maximum amount of liability applies to each customer and any further claims in connection with luggage according to the Montreal Convention remain unaffected by the restriction.
• AdamTravel is not liable for service disruptions, personal injury and property damage in connection with services that are only brokered as third-party services (e.g. excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting and destination locations) if these services are specified in the travel advertisement and the The booking confirmation must be explicitly marked as external services, stating the contracting partner, in such a way that they are not recognizable to the customer as part of the AdamTravel travel services.
• AdamTravel is not liable if the non-fulfillment or non-contractual fulfillment of the travel contract is due to:
• Failure by the customer (e.g. failure to comply with entry requirements, non-transport due to pregnancy, criminal sanctions).
• Unpredictable or unavoidable omissions by third parties (e.g. delays by transport companies, strikes, disruptions in performance in the case of third-party services only brokered)

 

The AdamTravel is liable, however

1. for services that include the transport of the customer from the advertised starting point of the journey to the advertised destination, intermediate transport during the journey and accommodation during the journey,
2. if and to the extent that the damage suffered by the customer was caused by the breach of duty to inform, inform or organize on the part of AdamTravel.

 

 

12. Exclusion of Claims

The customer must assert claims due to non-contractual provision of the trip within one month of the contractually stipulated date of the end of the trip. The assertion can only be made within the deadline against AdamTravel at the address given above. After the deadline, the customer can only assert claims if he was prevented from observing the deadline through no fault of his own.

This deadline also applies to the notification of damage to luggage or delays in delivery of luggage in connection with flights in accordance with Section 10.4. A claim for damages due to luggage damage must be made within seven (7) days, a claim for damages due to baggage delay within twenty-one (21) days after delivery.

 

 

13. Passport, visa and health regulations

 

• The customer is responsible for procuring and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise from not following these regulations, e.g. B. the payment of cancellation costs, are at his expense. This does not apply if AdamTravel did not inform, inadequately or incorrectly.
• AdamTravel is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the customer has commissioned him with the procurement, unless AdamTravel has culpably violated its own obligations.

 

14. Ombudsman

If there is no agreement between the customer and AdamTravel in the event of a complaint, the customer has the option of contacting the independent ombudsman for the Swiss travel industry.

The ombudsman endeavors to reach a fair and balanced agreement between customers and AdamTravel on any type of problem.

The address of the ombudsman:

Ombudsman for the Swiss travel industry, P.O. Box 8038 Zurich.

Tel: 044 485 45 35

Email: info @ ombudsman – tourism . ch

Website: https : // www . ombudsman – tourism . ch / home /

15. Data protection

• Collection, disclosure and use of information

AdamTravel complies with Swiss data protection and telecommunications law when processing personal data. When booking a trip, the following information is regularly stored in addition to the customer’s contact details: travel data, route / destination, airline, hotel, price, customer requests, information about fellow travelers, payment information, date of birth, nationality, language, preferences, etc., as well as other information that the customer makes available to us.

With the booking the customer confirms the correctness of the given data. Your data will be processed to provide our service and – if necessary – to process an order with third parties. AdamTravel reserves the right to use the data to provide current offers as well as for analysis, marketing and consulting purposes. AdamTravel can send the customer offers and information that are of personal interest to him.

• Special regarding air and ship travel

At the request of the authorities of certain countries, it may be necessary to transmit specific data about your travel to and from these countries to these authorities for security and entry reasons.

The customer authorizes AdamTravel or the respective airline to transmit personal data about him as a passenger, so-called “Passenger Name Record (PNR)” data, to these authorities for these purposes, as far as this information is available.

These include B. Full name, date of birth, full residential address, telephone numbers, information about fellow travelers, date of booking / ticket issuance and intended travel date, all types of payment information, travel status and itinerary, frequent flyer number, information about baggage, all PNR – Changes in the past, etc.

The customer acknowledges that this data can be transmitted to countries in which data protection does not correspond to the protection level of the Swiss data protection law.

 

 

Final provisions

16. Choice of law and place of jurisdiction

• Swiss law applies exclusively to the contractual relationship between the customer and AdamTravel. This also applies to the entire legal relationship.
• Insofar as Swiss law is fundamentally not applied for the liability of AdamTravel in the case of legal actions by the customer against AdamTravel abroad, Swiss law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the customer’s claims.
• The customer can only sue the AdamTravel at their headquarters.
• The customer’s place of residence is decisive for actions brought by AdamTravel against the customer. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose residence or habitual abode is not known at the time the lawsuit is filed, will the seat of AdamTravel agreed as the place of jurisdiction.

 

 

17. Various

• If there are differences in interpretation due to different formulations in the different language versions, the German version is decisive.
• AdamTravel explicitly recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
• AdamTravel can unilaterally change the ARVB at any time. AdamTravel publishes the current status of the ARVB electronically.