1.1 These GTC apply to contractual relationships between a guest and a service provider. Service providers within the meaning of these GTC are :
1.2 These GTC shall only apply if this has been agreed by the contracting parties. A reference to the GTC by the service provider, whether verbally, in writing (by email, text message or similar) or on of the website, is sufficient for this purpose.
1.3 The GTC only apply on a subsidiary basis. The relevant mandatory provisions of the Federal Act on Package Travel (SR 944.3) and the Swiss Code of Obligations (SR 220) as well as the individual agreements between the service provider and the guest shall take precedence over the GTC.
2.1 The contract is deemed to have been concluded as soon as the guest and the service provider have mutually expressed the intention to undertake a mountaineering activity on a guided basis at at a specific time.
2.2 The contract can be concluded verbally or in writing (e-mail, text message, online form, letter, etc.) .
2.3 If a written order confirmation is issued by the service provider following the verbal conclusion of a contract, its content shall be binding for both parties unless the guest objects within three days of receipt of the order confirmation.
2.4 Both parties may request that the contract be concluded in writing. An exchange by email or text message is sufficient for this purpose
3.11 The mountain sports school guarantees that it will only employ persons who are qualified for the planned activity in accordance with the law on mountain guiding and the offering of other risk activities (RiskG, SR 935.91) and the associated ordinance (RiskV, SR 935.911) and who have the appropriate authorization.
3.21 The guide is obliged to carry out his/her guiding duties carefully in accordance with the currently applicable
alpine technical standards. However, they cannot guarantee absolute safety. There remains a
3.22 The guide guarantees that he/she is qualified for the planned activity and that he/she has the appropriate RiskG license .
3.23 The guide guarantees to only involve other persons who are qualified for the planned activity and have a corresponding RiskG license.
3.24 Mountain guide aspirants must inform their guests of their status on when concluding the contract. They guarantee that they will adhere to the rules of the RiskV and the regulations on mountain guide training during their activities.
The guest bears personal responsibility in accordance with his or her knowledge and abilities.
The guest accepts the residual risk inherent in mountain sports, which exists even with careful guiding.
4.31 The guest is obliged to provide the service provider with information on all aspects that are relevant for the safe and successful execution of the planned activity. This applies in particular to technical alpine skills, fitness and any health problems.
4.32 If the service provider has provided a detailed description of the requirements, guests are obliged to carefully check whether they meet these requirements. They are also obliged to inform the service provider of any problematic aspects as early as possible.
During the mountaineering activity, the guest is obliged to strictly follow the safety instructions of the guide. They are also obliged to cooperate in accordance with their technical and physical abilities.
5.11 The manager has the legally required professional liability insurance with cover of at least CHF 5 million per claim.
5.12 At the Guest's request, the Service Provider must provide proof of its liability insurance.
5.13 The guest is recommended to take out personal liability insurance, which also covers mountaineering activities.
Guests are advised to take out cancellation insurance.
5.31 The guest is responsible for taking out adequate health and accident insurance, which also includes search, rescue and repatriation costs.
5.32 The guest is recommended to become a member of a Swiss air rescue company (Rega, Air-Glaciers, Air Zermatt).
6.11 If the agreed tour is impossible (weather, conditions, etc.), the service provider is entitled and obliged to offer the guest a substitute tour or an alternative mountaineering activity for the agreed period.
6.12 If the guest agrees to the replacement tour or alternative activity, the service provider has the right to carry out the replacement tour or alternative activity for the originally agreed fee .
6.13 If the guest refuses the alternative tour or activity offered, the service provider may cancel the tour in accordance with Clause 7.12 or terminate the tour in accordance with Clause 8.13.
6.21 If the agreed tour area or the agreed course location is not accessible or not suitable (weather, conditions, fully booked accommodation, etc.), the Service Provider is entitled and obliged to offer the Guest an alternative tour area or an alternative course location for the agreed period.
6.22 If the guest agrees to the alternative tour area or course location, the service provider has the right to carry out the activity at the originally agreed fee. Any cancellation costs in connection with the originally planned tour area or course location shall be borne by the guest.
6.23 If the guest rejects the alternative tour area or the alternative course location, the service provider may cancel the tour in accordance with Clause 7.12 or terminate the tour in accordance with Clause 8.13.
7.11 If the service provider has to cancel an agreed activity before it begins for a reason that lies within his personal sphere of risk (e.g. illness, accident, family events), no compensation is owed to either party.
7.12 If the service provider has to cancel an agreed activity for a reason that lies outside its personal sphere of risk (e.g. bad weather, unfavorable conditions on the mountain, disrupted transport connections, pandemic), and if the guest does not agree to the replacement offered (clauses 6.1, 6.2), the guest shall owe 100% of the fee for the agreed tour or course days. In addition, the guest shall bear the cancellation costs incurred for booked means of transportation, accommodation, etc.
If the guest cancels, he/she must bear the full cancellation costs incurred (means of transportation, accommodation, etc.) and pay the fee in the following amount:
8.11 If the service provider has to cancel a one-day activity that has already begun for safety reasons (weather, conditions, excessive demands on the guest, etc.), the guest shall owe the full remuneration.
8.12 If the service provider has to cancel a multi-day activity that has already begun for a reason that lies within his personal sphere of risk (e.g. illness, accident, family events), the guest shall owe the remuneration for the guiding work already performed, otherwise no compensation shall be owed by either party. The cancellation costs incurred for booked accommodation, means of transportation etc. shall be borne by the service provider in this case.
8.13 If the service provider has to cancel a multi-day activity that has already begun for a reason that lies outside his personal sphere of risk (e.g. bad weather, unfavorable conditions on the mountain, disrupted transport connections, pandemic), and if the guest does not agree to the replacement offered (clauses 6.1, 6.2) , the guest shall owe 100% of the fee for the agreed tour or course days. In addition, the guest shall bear the cancellation costs incurred for booked accommodation, means of transportation, etc.
8.14 If the service provider has to cancel an activity that has already begun because the guest violates his obligation to provide information or cooperate or does not comply with the safety-related instructions of the guide (clauses 4.3, 4.4), the guest shall owe the remuneration for the agreed days in full to and shall bear all costs arising from the cancellation of accommodation, means of transportation, etc.
8.15 If the service provider has to cancel or interrupt an activity that has already begun in order to help climbers in distress, the guest shall also owe the remuneration for the time spent helping the third-party climbers.
If the service provider must have an evacuation carried out for safety reasons (severe weather, exhaustion of the guest, material breakage, etc.), the guest must bear the full costs incurred as a result. Several guests have to bear the costs in equal shares.
8.31 If the guest cancels an activity that has already begun, he shall owe the service provider the remuneration for the agreed days in full and shall bear all costs arising from the cancellation of accommodation, means of transportation, etc.
9.11 In the case of engagements lasting several days, the service provider may provide for an interruption of one or two days for reasons that lie outside its personal sphere of risk (weather, conditions, etc.). An interruption shall only be considered if there is a good chance that the agreed activity can then be continued.
9.12 If the agreed activity is interrupted, the service provider must, if possible and reasonable, offer a replacement (clauses 6.1, 6.2). If the guest does not agree to the replacement offered, the guest shall owe 100% of the fee for the days of the interruption. In addition, the guest shall bear any cancellation costs for accommodation, means of transportation, etc.
If, in the case of an engagement lasting several days, a rest day is added at the guest's request, the guest shall owe the fee in full.
10.11 The remuneration is made up of the fee for the actual service (Section 10.3), compensation for travel time (Section 10.4), ancillary costs (Section 10.5) and, if applicable, VAT (Section 10.6).
10.12 The components of the remuneration may be shown individually or a flat rate may be agreed .
10.21 The modalities for payment of the remuneration shall be specified by the Service Provider.
10.22 If the service provider does not make any specifications, the guest must pay 50% of the total remuneration as a deposit to before the planned activity, and the remaining 50% within 3 days of receipt of the invoice. The invoice may be issued in writing (e-mail, letter, etc.) or verbally.
10.23 If the Guest fails to make the down payment as agreed or as provided for in Clause 10.22, the Service Provider may withdraw from the contract without compensation.
10.31 The amount of the fee corresponds to what the contracting parties agree for the specific case .
10.41 Travel time refers to the time spent by the service provider
10.42 The amount of compensation for travel time corresponds to what the contracting parties agree for the specific case.
10.51 The ancillary costs include the actual costs incurred for the journey there and back, for local transportation (mountain railroads, bus, cab, etc.), for overnight accommodation and catering (meals and drinks in hotels, restaurants and huts, tea on the march).
10.52 Guests shall bear their own ancillary costs themselves. In addition, they owe the service provider compensation for its ancillary costs.
10.53 The Service Provider shall charge CHF 1.50 per km for the journey to and from the event if the Service Provider travels by private car to . If traveling by public transport, the service provider will charge the cost of a 2nd class ticket with a 1/2-fare travelcard.
If the service provider is subject to VAT, VAT will be charged in addition to the fee and compensation for travel time.
11.11 The service provider shall bear the costs for his own material and the jointly required material (rope, quickdraws, ice screws, etc.) himself.
11.12 The Service Provider shall provide the jointly required material in perfect condition without additional costs for the Guest.
11.21 The guest shall bear the costs for the material required by him personally.
11.22 The Service Provider shall ensure that the Guest is informed in sufficient time about the material that he personally requires.
11.23 The Service Provider may provide the Guest with rental equipment. The
12.1 Swiss law shall apply, even if the order is fulfilled abroad or if the guest is domiciled abroad.
12.2 The place of jurisdiction shall be determined by the domicile or registered office of the service provider. The ordinary courts shall have jurisdiction.