General Terms and Conditions

 

These travel conditions regulate the legal relationship between yourself and Premium Swiss Travel S.A.R.L. in Geneva regarding travel arrangements as well as offered specific benefits.
These general conditions of contract and travel do not apply to travel and services purchased from third parties. In this case, dealer’s general conditions apply.
1.0 What the general conditions of contract and travel regulate
1.1 These conditions come into force on the day of publication and supersede all previous.
1.2 These general conditions of contract and travel do not apply if Premium Swiss Travel provides you with travel arrangements or benefits from other service providers or organizers; it is then the specific conditions of contract and travel of those service providers that apply. In these cases, you cannot take advantage of these general conditions of contract and travel.

2.0 Conclusion of Contract
2.1 The contract between yourself and Premium Swiss Travel takes effect when your request in writing (letter, email, fax), by phone to Premium Swiss Travel, is accepted without condition. From that moment, the rights and obligations under this Agreement (including the general conditions of contract and travel) are effective for both you and Premium Swiss Travel.
2.2 The particular desires are not part of the contract unless they are unconditionally accepted and confirmed by Premium Swiss Travel.

3.0 Price and Payment
3.1 Price
All prices are Taxe-free. a vat of 8% should be added to the published prices.
The prices for group travel are shown in the various Premium Swiss Travel brochures except as otherwise provided in the prospectus or the tariff, the price arrangements are per person in Swiss Francs (CHF), accommodation in double room, unless stated otherwise. Each group travel is calculated using a minimum number of participants. Upon request, Premium Swiss Travel will notify you the required number of participants.
For individual travels, prices are calculated on demand.
For price changes, see section 5.
3.2 Installments
The following payments must be paid as soon as Premium Swiss Travel accepted unrestricted registration: 30% of the total.
If Premium Swiss Travel does not receive payments on the agreed time, Premium Swiss Travel may refuse the travel services and applies the cancellation fee according to section 4.3.
3.3 Payment of the balance
The balance of the tour price must reach Premium Swiss Travel not later than 1 month before departure. If payment is not made on time, Premium Swiss Travel may refuse the travel services and invoke the cancellation fee according to Section 4.2.
For journeys scheduled to depart between December 10 and January 15, the balance of the package price must be paid before November 1st, otherwise the trip may be cancelled.
Premium Swiss Travel reserves the right to demand payment of the balance over a month before departure if some service providers require.
Unless otherwise agreed, the travel documents will be delivered or sent after receipt of the full invoiced amount, generally about 10 days before departure.
3.4 Last-minute bookings
If you book your trip less than one month before the departure date, the total amount of the invoice must be paid when booking.
3.5 Participation at the expense of your reservation for advice and bookings
We draw your attention to the fact that Premium Swiss Travel may collect, in addition to the prices quoted in the prospectus, a participation fee for advice and bookings.

4.0 Cancellation and amendment
4.1 General
If you cancel the trip or want to change a booked trip, you should request it by registered letter to Premium Swiss Travel.
In this case, the travel documents already received must be returned simultaneously and together with the cancellation notice to:
Premium Swiss Travel.
C.P. 143
CH - 1217 Meyrin – Geneva
Switzerland
4.2 Application fees
In case of cancellation, modification or assignment of your travel reservation, the amount of CHF 300. - Per person, will be charged as a fee (see also section 4.3).
These fees are not covered by compulsory insurance cancellation fee (see section 11).
4.3 Cancellation fees
If you cancel your trip, or if you request any changes and / or change of reservation whatsoever, we must take, in addition to the tax claim preparation (section 4.2), an allowance calculated as a percentage of the due contract price, plus any expenses engaged by Premium Swiss Travel for this trip that would exceed the amount of the provided allowance. These conditions also apply in case of trip modifications.
Cancellation Policy:
up to 30 days before departure: 50% of package price + already incurred expenses exceeding the amount of this package.
29 to 15 days before departure: 75% of package price + already incurred expenses exceeding the amount of this package.
15-0 days: 100% of package price.
Special Conditions for travel with a departure scheduled between December 10th and January 15th:
Cancellations occurring:
1st to November 30th, 50% of package price
from 1 December, 100% of package price
A late arrival to the departure of the aircraft, a no-show at the start of the trip, or presentation of inappropriate travel documents does not entitle to any refund.
In case a client fails to show-up at the flight departure point, 100% of the package price will be retained.
The cancellation insurance and travel insurance is never refundable regardless of the cancellation date.
The receipt of your cancellation notification sent to Premium Swiss Travel prevails in determining the date of cancellation or change. For Saturdays, Sundays and holidays, the subsequent working day shall prevail.
4.4 Cancellation insurance
In the case of urgent necessity, the cancellation fee is paid by an insurance cancellation fee, provided that you had concluded this insurance. Benefits are based on the terms of the insurance policy.
If you have not yet concluded cancellation-fee insurance, you must conclude one with Premium Swiss Travel.

5.0 Changes to the prospectus, prices, transportation
5.1 Amendments prior to the contract
Premium Swiss Travel expressly reserves the right to change before your reservation the content of the prospectus, the description of services, the prices shown in the brochures and price lists. If any, Premium Swiss Travel will let you know these changes before the conclusion of the contract.
5.2 Changes in prices after conclusion of contract
It is possible, in exceptional cases, that agreed price, must be increased. This price increase may apply after:
a) An increase after the confirmation of the cost of transport (including fuel prices);
b) The introduction or increase of official taxes and charges (airport taxes, landing, take-off or disembarkation, etc.).
c) A change in exchange rates;
d) Price increases resulting from official measures (VAT, government taxes, etc..).
If the benefit cost included in the trip increases, it can be passed on to the passenger and the fare is increased accordingly. Premium Swiss Travel applies the price increase within 15 days before departure. If the increase exceeds 10%, you can exercise the rights stipulated under section 5.4.
5.3 Amendments of the program or changes in terms of transport, incurred between booking and departure date
If unforeseen or unavoidable costs or if safety so require, Premium Swiss Travel reserves the right to modify, in your interest, the travel schedule or some agreed services (e.g. Housing, mode of transportation, airlines, flight time, route, etc.). Premium Swiss Travel will endeavour to offer services replacement with equivalent quality.
Premium Swiss Travel informs you as soon as possible of such changes and their impact on the price.
5.4 Rights of participant in the trip in case of modifying the Program or prices after the contract
If program changes or some agreed services significantly alter an essential element of the contract or if the price increase exceeds 10%, you have the following rights:
a) you can accept the contract amendment;
b) you may terminate the contract in writing within 5 days of receipt of our communication and the trip fare, already paid, will be refunded immediately;
c) you can let us know within 5 days of receipt of this communication your wish to participate in a proposed travel replacement of equivalent quality. Premium Swiss Travel will do its best to submit a trip that suits you. If the replacement travel is cheaper, the price difference will be refunded.
Failing to hear from you on the basis of paragraphs b) and c) above, we assume that you accept the price increase, modifying the program or change some services agreed (the postmark will be used as evidence proof for the period of 5 days).

6.0 Cancellation by Premium Swiss Travel, unable to travel, trip interruption
6.1 Cancellation for reasons attributable to you
Premium Swiss Travel is entitled to cancel your trip if, by your acts or omissions, you give it a good cause. Premium Swiss Travel reimburses you in this case the fare already paid, any other suggestion from you being excluded. The cancellation fee according to Section 4.2 ff. and any other claim for damages remains reserved.
6.2 Minimum number of participants
Some trips organized by Premium Swiss Travel (e.g. Tour groups) involve a minimum number of participants. If the number of people registered for the trip is less than the minimum number of participants required, Premium Swiss Travel may cancel the trip within 15 days before departure date. Premium Swiss Travel may also increase the price of travel in proportion to the actual number of participants. In this case, your rights are those mentioned under 5.4, all other claims against Premium Swiss Travel is excluded.
6.3 Case of force majeure, strikes
Cases of force majeure (natural disasters, epidemics, social unrest, etc..), steps taken by the authorities or strikes may force Premium Swiss Travel to cancel the trip. If applicable, Premium Swiss Travel informs you as soon as possible.
If your trip must be modified, changed or cancelled for these reasons that are external, Premium Swiss Travel will in no way be responsible for, and has the right to deduct the expenses already engaged for this trip from the refund amount. All claims made for additional compensation are excluded.
6.4 Cancellation of the trip by Premium Swiss Travel for other reasons
Premium Swiss Travel has the right to cancel the trip for other reasons. (For example: sickness of the Premium Swiss Travel’s guide/lecturer before departure as part of a group trip theme) If applicable, you will be notified as soon as possible.

7.0 Changes to the program, lack of benefits during the trip
7.1 If a program change occurs during the trip, significantly affecting part of the agreed trip, Premium Swiss Travel shall allow you any difference between the agreed price of the trip and the services provided.
7.2 If a significant portion of the trip is cancelled or if you refuse for major reasons the program changes planned to overcome this suppression, Premium Swiss Travel’s guide, the local agency of Premium Swiss Travel or provider will help you organize your repatriation. Premium Swiss Travel shall allow you the difference between the price paid for the trip and the services provided.
7.3 If your program must be modified, processed or interrupted while you are traveling, for reasons that are external, such as climate or weather problems, natural disasters, epidemics, strikes, demonstrations, wars, etc., Premium Swiss Travel will in no way be responsible, and you are not entitled to any refund from Premium Swiss Travel. The travel guide of Premium Swiss Travel, the local agency or provider, Premium Swiss Travel will do their utmost to find an alternative of equal value, this without guarantee.

8.0 Early termination of the journey
If you are forced to interrupt the journey prematurely for any reason, the price of travel arrangements will not be refunded.
In urgent cases (e.g. Illness or accident of the person concerned, serious illness or death of a close relative), travel guide, the local agency of Premium Swiss Travel or the service provider will help you in every possible way to arrange your early return. Please note in this connection, the conditions of compulsory insurance against cancellation fees and repatriation costs (see section 11).

9.0 Complaint from you
9.1 Complaint and request for assistance
If the trip does not match what was contractually agreed on or if you suffer an injury, you have the right and duty to immediately contact the representative of Premium Swiss Travel the local agency or Premium Swiss Travel service provider to notify your complaint, claim or any damage you suffered and request that it be remedied free of charge.
9.2 Premium Swiss Travel responsible person, the local agency of Premium Swiss Travel or the service provider will endeavour to take appropriate measures within an appropriate time to travel. If no help is provided within an appropriate time to travel, or if it is impossible or insufficient, you need to confirm in writing the deficiencies cited or damage, and failure to help, by the Premium Swiss Travel’s person, the local agency of Premium Swiss Travel or provider. Premium Swiss Travel’s agent, the local agency or provider Premium Swiss Travel shall prepare a written report on the facts and record your complaint. However, they are not authorized to recognize any claims or benefits as compensation.
The foregoing is a prerequisite for you to later assert your claim and also makes possible, in most cases, to remedy the default complained of.
9.3 Personal Intervention
If you no aid is given within an appropriate time to travel and if it is not a minor fault, you have the right to address yourself to failure. The fees you incurred will be reimbursed within the original agreed services (hotel’s category, transportation, etc.) against evidence, and this, provided that you have filed a claim against the failure and required written confirmation (sections 9.1 and 9.2). (For the amount of damages, see section 10).

9.4 How to assert one’s claims against Premium Swiss Travel
If you wish to avail yourself of defects, request refunds or damages of Premium Swiss Travel, you must submit your claim in writing within 30 days of your return. Your claim must be accompanied by confirmation of Premium Swiss Travel’s person, the local office of Premium Swiss Travel or the service supplier, as well as any supporting documents.

10.0 Responsibility of Premium Swiss Travel
10.1 General
Premium Swiss Travel pays you the value of benefits that have not agreed or poorly provided, or your extra costs, since the guide of Premium Swiss Travel, the local agency or the service provider have been able to offer on-site provision of replacement of equivalent quality. (For the claim’s value, see section 10.2.4).
10.2 Limitation and Disclaimer
10.2.1 International Conventions
If international agreements provide for limitations on compensation for damage resulting from the non-performance or imperfect execution of the contract, Premium Swiss Travel is entitled to rely and its liability shall be limited to provisions contained in the agreements at issue.
There are specific international conventions providing limitation of liability in transport (air traffic, navigation on the high sea, rail).
10.2.2 Disclaimer
Pursuant to Section 6 heretofore, Premium Swiss Travel assumes no liability to you when the imperfect execution of the contract is attributable to the following:
a) breaches by you before or during travel;
b) unpredictable or insurmountable shortcomings attributable to a third party unconnected with the provision of benefits under the contract;
c) a force majeure or an event that Premium Swiss Travel, the booking office or the provider, despite due diligence, could not foresee and / or against which they could do nothing.
In this case, any liability for damages to Premium Swiss Travel is excluded.
10.2.3 Personal injury, accidents, diseases
Premium Swiss Travel liable for injury, death, injury and disease arising from the breach or imperfect execution of the contract, provided the damage is resulting from a fault of Premium Swiss Travel or one of their providers.
Responsibility of Premium Swiss Travel is limited to the amount of the tour price.
The provisions of international conventions are reserved (section 10.2.1).
10.2.4 Damage
Responsibility of Premium Swiss Travel is limited to the amount of the trip cost maximum for property damage resulting from the non-performance or imperfect execution of the contract, unless damage was caused intentionally or by gross negligence or that result of an event of force majeure within the meaning of art. 6. Remain unaffected, the liability limitations set forth below by international conventions.
10.3 Programs option on the trip
In addition to the agreed program of travel, it may be possible to register during the trip for events, special activities and local excursions not included in the Premium Swiss Travel program. It is not excluded that such events or excursions include some risks. You assume sole responsibility for deciding to participate in such events or excursions. These general conditions of contract and travel apply to events and excursions organized by Premium Swiss Travel. If these events and trips are organized by third parties and if Premium Swiss Travel’s guide or the local office of Premium Swiss Travel have simply acted as an intermediary, you cannot use it.

11.0 Insurance
The cancellation insurance is mandatory for any arrangement.
Application/file fees are not covered.
Corporate responsibility for travel agencies, transport and aviation is limited. Therefore it is recommended to conclude an additional insurance to compulsory cancellation insurance to cover loss or theft of luggage, accidents, illnesses, special fees for rescue and repatriation, etc.

12.0 Requirements of entry, visa and health
12.1 You will find information concerning the requirements for passports and entry in the invoice / confirmation of your trip. They are valid for Swiss citizens. Citizens of other countries should check with Premium Swiss Travel or consulate jurisdiction over the provisions that apply to them.
12.2 You are solely responsible for the establishment or extension of travel documents and the visa application (s) need (s). If a travel document cannot be obtained or if delivered too late and you are in therefore obliged to abandon the trip, the cancellation terms apply.
12.3 Passengers are personally responsible for compliance with the requirements of entry, health documents and foreign exchange. Check before departure if you carry much with you all the required documents.
12.4 Premium Swiss Travel attracts your attention to the fact that in case of refusal of entry into the country of destination, the cost of return travel is passenger’s responsibility. Premium Swiss Travel attracts also your attention to the legal provisions which penalize imports of goods and other prohibited imports.

13.0 Reconfirmation of tickets
You are personally responsible for any reconfirmation of return flight to travel unaccompanied by a Premium Swiss Travel’s guide. Travel documentation gives you the information you need. Failure to reconfirm may result in loss of entitlement to transportation, additional costs would be borne by you.

14.0 Travelling alone - single room
Premium Swiss Travel can give no guarantee in regard to individual rooms for the circuits since they exist only in small number in many hotels. If no single room is available, although in this sense a confirmation of the hotel, you have the right to request reimbursement from Premium Swiss Travel individual room supplement already paid.
Premium Swiss Travel informs you that single rooms do not always offer the same comfort as double rooms, despite sometimes significant price premiums. The interior design often does not match that of double rooms and we must also run the risk of not getting a room well located.

15.0 Ombudsman
15.1 Prior to submitting a dispute to court, you should try addressing the independent Ombudsman of the travel sector.
The Ombudsman will endeavour to find an equitable solution to resolve any dispute that might arise between you and Premium Swiss Travel.
15.2 Ombudsman’s address
Ombudsman of the Swiss Federation of Travel Agencies,
PO Box 383, CH-8034 Zürich
www.ombudsman-touristik.ch
This email address is being protected from spambots. You need JavaScript enabled to view it.

16.0 Applicable law and jurisdiction
16.1 The Swiss law is applicable to the legal relationship between you and Premium Swiss Travel.
16.2 It is agreed that only Geneva Jurisdiction is empowered to hear claims against Premium Swiss Travel.

17.0 Organization
Premium Swiss Travel
C.P. 143
CH – 1217 Meyrin
Meyrin, June 2012