Terms & Conditions
Eligibility of using the webpage
By using the Website, you agree that you are in the minimum 16 years old, and are otherwise not allowed to enter into the website and to fill out any form or contracts under legal law. If you are utilizing the homepage of SWITZERLAND BY LOCALS on behalf of an other business, you agree that you are authorized to enter any business details of your company.
Correct Use of Site
Harassment in every way on our homepage or any other online services, including through email, chat, or by utilizatin of harsh language, is illegal in any way. To impersonate or copy someone, like for example a SWITZERLAND BY LOCALS or other licensed employee or third party member, host, or representative, as well as other members or visitors on the site is strongly prohibited. You are probably not allowed to upload, distribute, or publish through the site any content which is derogatory, defamatory, vulgar and threating the privacy or publicity rights. Furthermore, we do not accept any abusive and illegal content which may empower to a criminal act, violates the legal rights of any party. You are probably not allowed not upload commercial content on our homepage or any other online service of SWITZERLAND BY LOCALS. Furthermore you are not allowed to use the homepage to request others to join or become members of any other organization, online service, company and much more. Any illegal modification of the site is strictly prohibited and will be prosecuted.
SWITZERLAND BY LOCALS imposes certain restrictions on your use of the Website. Any violation of this section can be a subject to criminal liability.
You must not use the website or an other online service of SWITZERLAND BY LOCALS in any way that causes, or may cause, damage to the website or our business.
Assumption of Risk
You accept all risks when using our homepage or any other online service and buying or using any of our product during the whole time of use. On behalf of yourself and your representatives you completely agree to release, postpone, discharge, hold harmless, defend, and indemnify SWITZERLAND BY LOCALS and its employees, affiliates, third parties, representatives, owners, officers, directors, consultants, representatives, parents, subsidiaries, and related entities, including SWITZERLAND BY LOCALS Ltd from any and all claims, actions, or losses for bodily injury, property damage, death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website or the product.
All the content you can find on this website, including but never limited to graphics and images, text, slogans or any codes is copyrighted as a collective work under the Swiss and other copyright laws. It is the full property of SWITZERLAND BY LOCALS, while all rights are reserved. You may get a permission as a press by writing to firstname.lastname@example.org but always ask first before using any material you can find on the website. Any other use, which includes but is never limited to the reproduction, distribution, display or transmission of the content of this homepage or any other online service of SWITZERLAND BY LOCALS is strictly prohibited, unless authorized by SWITZERLAND BY LOCALS.
All trademarks, service marks and slogans of SWITZERLAND BY LOCALS belong to SWITZERLAND BY LOCALS. Neither your use of the homepage nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the SWITZERLAND BY LOCALS trademarks or any other third-party trademarks, homepage marks, nor logos, domain names or any graphics.
You give to SWITZERLAND BY LOCALS a non-exclusive and worldwide valid royalty-free license to use your material and to reproduce, translate, adapt publish and more on all our online services and future media. You also give SWITZERLAND BY LOCALS the right to sublicense your material and the right to bring an action for infringement of these rights. Your content must not be illegal and must not infringe any legal rights of a third party or anyone else.
No Warranties; Limitation of Liability
SWITZERLAND BY LOCALS, on behalf of itself and all its third parties, licensors and suppliers, explicitly disclaims any guarantees, express or inferred, regarding our homepage or an other online service, which ermges by the activity of law, including without restriction any and all guarantees of merchantability, qualitication for a certain purpose, in addition to any guarantees coming from a course of dealing, usage, or trade practice.
SWITZERLAND BY LOCALS will not be responsible for any indirect or direct damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of SWITZERLAND BY LOCALS, Third Parties, or SWITZERLAND BY LOCALS account users, and more. SWITZERLAND BY LOCALS maintains the right to refuse or cancel any orders placed for an item listed at an incorrect price.
You argee when using the homepage or any other online services of SWITZERLAND BY LOCALS that the use is at your own personal risk. You will not hold SWITZERLAND BY LOCALS or its licensors and third parties as responsible for any loss or damage that results from your access to the website without any limitations. Eventhough we always work for the highest quality, the homepage could have bugs, errors, problems, or other limitations.
By providing us with your email, you accept that you may receive Newsletters and other forms of communications from SWITZERLAND BY LOCALS. These communications, which are mostly via e-mail, will be about any Switzerland news, your customer service inquiries, or product offers and promotion. You can opt out of receiving promotional electronic communications at any time by following the unsubscribe instructions which you can find in each communication
Our homepage may be linked to homepages of third parties, some of whom may have established relationships with SWITZERLAND BY LOCALS and others may have not. SWITZERLAND BY LOCALS does not have control over the content and performance of any Third Party Websites nor is it responsible by any kind of damage caused by a third party.
Is it the case that, on the one hand, and SWITZERLAND BY LOCALS and their third parties and on the other hand, you, cannot resolve a dispute through negotiations, any party may choose to have the dispute or claim finally and exclusively resolved by binding legal actions. Any decision to arbitrate by one party shall be final and binding for the other party.
Last Update: March 1, 2021
INFORMATION WE COLLECT
When you interact and communicate with our website by ordering any products or making a user account, we gather data from you, such as name, e-mail and password. At the point when you order items or request to sign up for any services on our webpage or applications, you may give us or our third-party payment company mandatory data to finish the transaction, which can include your name, credit card data, billing data, and shipping information. We likewise gather different sorts of individual data and segment data that you give to us deliberately.
DATA COLLECTED VIA AUTOMATED MEANS
When you interact with our website, products and any services, we collect certain data from you by automated technologies, such as cookies, analytics, web beacons, and others.
HOW WE USE THIS data
All in all, the personal information you submit to us is utilized either to react on time to requests that you make, or to help us in serving you better. We use your data only in the following ways:
To create and keeping your account and to distinguish you as a user persona in our website system. Your data will also help us to operate, maintain and improve on various services like our website and apps. It is important to us to personalize and improve your experience with SWITZERLAND BY LOCALS.
Like this we can also react better to any of your remarks or inquiries and ensure to protect and investigate against any criminal behavior. If you supply us your email address via one of our online services, you will only get the information for which you gave us your email like for example a receipt, newsletter, and more. If you provide us your living adress, you will only get from us only the products ordered or the information for which you gave us your living address. Customers who provide us their phone numbers on one of our online services will only get a call from us regarding the data for which they have placed their request online.
We additionally may utilize the data collected from you in alternate manners for which we give a notification at the time of collection.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We claim all rights to move any of your data we have collected in case we sell or transfer our business or assets (examples are events of acquisition, joint venture, reorganization, and much more).
Quitting our services
Upon demand we give homepage visitors access to all data weh ave collected from them. Customers can request this data by contacting our Customer Support. If you want to opt-out from the newsletter in the future, kindly let us know.
Upon demand we offer homepage visitors also to have mistakes corrected like contact data, financial data and other information that the homepage visitor has brought to the website.
Security is for SWITZERLAND BY LOCALS a very important subject, where we take the highest efforts: We always use the best and newest industry-standard technologies when it comes to sensitive consumer data on our online services like the website or an app. We have security measures protect against the loss and abuse of any data that we got from you on our online services.
POLICIES FOR CHILDREN
We know the importance of saving children’s online privacy. Our products and services are produced for an audience older than 16 year. We do not knowingly gather personal information online from anyone under 16 years.
GENERAL TERMS AND CONDITIONS by booking a Myswisspanorama Tour via SWITZERLAND BY LOCALS
1 Area of use
These General Terms and Conditions (GTC) govern the contractual relationship between you as a customer and third parties who book or arrange tours for tour participants and Myswisspanorama Hiking and Travel GmbH (MSP).
In cases in which the customer has only produced individual travel components (e.g. experiences, car, etc.) or the package was produced by a third party, MSP only acts as an agent for the services of third parties and is therefore not responsible for the correct implementation of the Package Travel Act.
2 Completion of the contract and booking
Bookings can be made via various sales channels (Internet, hotel, tourist information, etc.) by telephone, e-mail or in person.
The customer is bound to his application for seven working days, within which the confirmation by MSP has to take place. The contract is only concluded with the written confirmation of the booking and only within the scope of this confirmation.
If the confirmation deviates from the customer’s enquiry, this is considered an offer by MSP, whereby MSP in turn is bound by its offer for seven working days. The contract is concluded when the customer declares acceptance within the period. The payment by the customer is also regarded as acceptance. MSP is entitled to reject an application without indication of reasons within 72 hours.
The travel price paid by the customer includes all taxes and VAT. The price must be paid at the time of booking or no later than 7 days after booking.
The total price depends on the services included, which are listed with each offer on the different sales channels.
As far as nothing else is mentioned, the prices for the individual arrangements are in Swiss francs. The Swiss value added tax is already included in all prices.
4 Charges for changes or cancellations
MSP may charge a booking fee for reservations. The amount of the booking fee will be indicated to the customer during the booking process prior to the confirmation of payment.
Postage may also be charged. This is the case if, for example, a booking is made in the online shop. This is indicated to the customer before the reservation.
4.1 Private tours and hikes
Cancellations and changes in bookings (i.e. any changes of the tour, changes of number of customers or changes of date) must be made in writing (e-mail) and are legally valid with confirmation by MSP. In the case of a rebooking, a processing fee of CHF 150 is due in addition to any additional costs for the tour. In the event of cancellation, the following costs are due:
Up to 30 days before tour start: CHF 120 processing fee
30 – 10 days before the start of the tour: 35% of the cancellation fee.
10 – 04 days before the start of the tour: 70% of the cancellation fee.
03 – 0 days prior to tour start: 100% of the total amount of the originally booked tour.
Also in case of cancellations due to bad weather, rebooking and cancellation costs will be charged analogously.
4.2 Package tours and hikes
Cancellations and rebooking are possible free of charge up to 48 hours before the start of the tour for one-day hikes and trips.
For cancellations and rebookings less than 48 hours prior to tour start and no-shows, the full tour price per customer will be charged.
Bookings made less than 48 hours before the start of the tour will also be subject to the above cancellation/rebooking conditions.
In the case of multi-day trips and hikes, possible cancellation costs may be incurred by external providers. These are carried completely by the customer. Otherwise the conditions mentioned under 4.2 are valid.
4.3 Deputy person
If, for any reason, a participant is unable to travel, he/she may provide a replacement subject to the following conditions:
– The substitute must be prepared to take the booked trip under the same conditions.
– The other service providers (hotels, railway company etc.) accept this change.
– The substitute person fulfils the special travel requirements (e.g. level of difficulty of the hike).
– The participation of the substitute person shall not be subject to any legal or official orders.
For the participation of the replacement person, MSP may charge the processing fee and costs analogous to point 4 and charge the customer’s credit card. The internal accounting between the customer and the substitute person is the responsibility of the customer.
5 Terms of payment
If the booking is made online, payment must be made within seven days and at the latest four days before the service to be performed.
If the booking is made in a hotel, payment will be made directly in the hotel by credit card or cash.
In other cases, the travel price is due for payment at the time of booking. As long as the tour price has not been paid, MSP has the right to refuse performance and can withdraw from the contract without notice. Payment is made either by credit card or according to ebanking. All fees of credit card companies resulting from the payment by credit card can be charged by MSP to the customer. The corresponding surcharges are displayed in the system before the payment confirmation. The payment of payment slips is only possible in exceptional cases. Additional fees, which are raised by the post office, the customer takes over completely.
6 Confirmation and travel documents
The booking will be confirmed electronically by e-mail.
In the case of external experiences which are not carried out directly by MSP, this is the ticket, unless nothing else is sent. If no confirmation of the booking is received, the customer must ask immediately three days after the booking.
7 Conditions of participation
The guided hikes and trips are offered according to the conditions advertised by MSP (e.g. booked package, selected or offered language, guide, etc.). An interpreter can be booked via MSP for an additional price of CHF 1,500. Participants are picked up by car at a location that is either published or selected according to the package, or they meet at the starting point for the hike or tour (e.g. standard package). Any private pick-up services can be booked for a surcharge (see tour description ). Other locations only on request.
The main tour participant must identify himself at the start of the tour with ID or passport according to the booking, otherwise MSP can exclude him and the other participants without refunding the purchase price. Minor customers must be accompanied by a person with power of representation.
The participants agree to be punctual at the start of the hike or tour. Customers will be excluded from a half-day tour after 5 minutes and a day tour after 10 minutes waiting time and MSP will depart without them. In this case, the customer is not eligible for payment of the tour price or compensation and must pay any additional costs (e.g. return transport to the starting point) himself.
7.1 Fitness and diseases
The fitness and health status of the participants must be truthfully declared. If there are any illnesses, they must be reported. MSP reserves the right to refuse bookings with health risks within three days of booking request or booking. The client will be informed by email.
The customer is responsible for sufficient health and accident insurance (for tours with sporting activities including additional insurance for sporting accidents). Animals are not allowed.
7.2 Exclusion of a participant
The participation in a tour under drug, medicine and/or to high alcohol consumption is not allowed. The customer undertakes to strictly observe these GTC, the conditions of participation of third parties, the instructions of MSP, third parties, auxiliary persons as well as external guide and rescue personnel.
In addition, the customer has the obligation to adhere to the instructing conditions of the tour guide.
In particular, the customer is responsible for appropriate equipment (clothing, footwear, sun protection, etc.) about which MSP informs by email.
MSP reserves the right to exclude a participant immediately if these rules are violated. In the case of minors, this is done in the form of an adult who is also on a trip or hike.
In case of exclusion before the start of a tour, the cancellation regulations apply. If the exclusion occurs during a tour, the customer is not entitled to a refund of the tour price. With an exclusion all claims for damages are against MSP.
8.1 Limitation of liability
The customer performs all activities at his own risk. A possible liability of MSP is limited to the tour price as well as to the direct damage caused by MSP. The liability of MSP for slight negligence, auxiliary persons as well as consequential damages and lost profit is excluded. MSP assumes no liability for non-performance of contractual obligations, which is due to violations of contract by the customer.
If a tour is cancelled, MSP is only liable for the refund of the tour price if no replacement tour can be offered.
MSP assumes no liability for the loss of personal items such as cash, valuables, luggage, photographic equipment, etc..
A liability of MSP exists, moreover, only if the damage by MSP or their service providers (hotel, railway company, etc.) are predominantly. A liability of MSP for indirect damages is excluded in any case. For damages, which are not personal injuries, MSP is liable at most to the extent of twice the net package price.
8.2 Exclusion of liability for offers from third parties and in case of force majeure
MSP rejects any liability for offers and services of third parties and assumes no liability for damages (program changes by third parties, accidents, etc.). These claims are to be addressed directly to the third party provider.
In addition, MSP assumes no liability for circumstances beyond the control of MSP, such as force majeure, natural events and catastrophes.
MSP does not accept any liability for delays (e.g. traffic jams) or non-performance (e.g. cancellation of trains), even in the event of MSP’s own travel to the event by third parties or by car.
9 Cancellation of the trip by MSP
The package tours and hikes offered by MSP in larger groups are based on a minimum number of participants of 4 – 8 persons. If this minimum number of participants is not reached, MSP can cancel the package tours by e-mail up to two weeks before the start date at the latest.
MSP then reserves the right to cancel the booking for reasons beyond its control, such as force majeure, poor road conditions, closures, etc., or for any other reason.
In such cases MSP will inform the customer as soon as possible. If MSP cancels the booking, the contract will be cancelled and MSP will refund the customer its full payments made. Instead, MSP can also make the customer an equivalent replacement offer. Further claims against MSP are excluded.
10 Operation of the homepage
MSP makes every effort to ensure the completeness, correctness and up-to-dateness of its website. However, MSP and its third-party providers do not guarantee (including liability towards third parties) the correctness, up-to-dateness and completeness of the information published on the MSP Internet pages.
MSP also assumes no responsibility and gives no guarantee that the functions of the MSP website are not interrupted or error-free, that errors will be corrected immediately or that the pages or the respective server are free of viruses or other harmful components. The misuse of the MSP Internet pages as well as the unauthorized intrusion into the databases of MSP are expressly prohibited. For control purposes, MSP stores the Internet Protocol numbers (IP) in special protocols and reserves the right to take criminal measures in the event of misuse.
11 Data protection
The customer agrees to the collection of data by MSP, in particular customer name, address, telephone number, birthday, nationality, gender, credit card details. This information may also be shared with third parties.
11 Amendment of the General Terms and Conditions
MSP may change these GTC at any time. Such changes are legally effective and binding as soon as they have been communicated to the customer or published on https://www.myswisspanorama.com
12 Salvatory regulation
Should any regulation of these General Terms and Conditions be or become invalid, void or in any other way ineffective, the validity of the remaining regulations shall not be affected thereby. If a provision is invalid, it is replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.
13 Applicable law, place of jurisdiction
The legal relationship between the customer and MSP is governed only by Swiss law (excluding conflict of laws rules)