Allgemeine Geschäftsbedingungen (AGB) und Reisebedingungen von:
Pavanda AG
Albulastrasse 8048
Zürich/Schweiz
1. Subject to the terms and conditions (GTC)
1.1. These terms and conditions governing the legal relations between the customer and PAVANDA AG, hereinafter referred to as PAVANDA.
1.2. These terms are decisive if PAVANDA is an operator of the booked travel or if other services are offered under its name. This document is also applied to if PAVANDA conveys a journey for the purposes of paragraph 1.3, but additional services offers from its own name.
1.3. If PAVANDA only mediates services from other providers (e.g. Travel Arrangements) or individual services (e.g. air tickets), the terms of these providers become relevant. PAVANDA in this case is not a party of the agreement, but it can charge the cost for the provided consultation and reservation, and where appropriate for the amendment and cancellation, as provided hereinafter.
2. Contract formation
2.1. The contract between PAVANDA and its customer is done once by booking of the customer that is received by PAVANDA. Henceforth it obtains to the terms and conditions.
2.2. Special requests are only contractual items if they have been explicitly accepted and confirmed by the travel agency.
2.3. PAVANDA AG recommends booking only of the flights or train journeys that can be canceled in case of not reaching the minimum number of participants in the tour to be carried out as planned.
3. Prices, payment terms and fees
3.1. The prices can be seen in the brochures or price lists. They are clear, unless otherwise is stated, per person in EURO and nights and per person in a double room.
3.2. For the changes in prices, paragraph 6 is authoritative.
3.3. In conclusion of the contract PAVANDA determinates the amount and maturity of the deposit and final payment. If this is not the case, the total price is payable immediately.
3.4. If the deposit or final payment do not take place on time, PAVANDA can cancel the contract and aver the costs according to paragraphs 3.5 and 3.6 and the cancellation claims in accordance with paragraph 4.
3.5. PAVANDA may raise the costs for consultation and reservation, even if PAVANDA occurs only as an intermediary. It is notified no later than at the time of booking.
3.6. PAVANDA may also levy express charge for short-term bookings.
4. Changes, cancellation and no-show by the customer
4.1. Changes or cancellation of the bookings by the customer must be immediately notified to PAVANDA by email and simultaneously with a registered letter. The already obtained documents shall be returned immediately.
4.2. If the customer changes the booked services, PAVANDA raises a processing fee, even if PAVANDA occurs only as an intermediary. In general, it is not covered by any cancellation insurance. For cancellation of the whole trip or any part thereof, in addition to the processing fee, the cancellation fee will be invoiced, even if PAVANDA occurs only as an intermediary.
4.3. In case of only flight arrangements, in addition to the cancellation costs of the airlines will be invoiced. Normally, they are 100% of the price.
4.4. Other conditions are possible. PAVANDA notifies them while booking.
4.5. PAVANDA recommends to be covered by a travel cancellation insurance, including assistance and medical expenses provided, as such services are not included in the already acquired services. Such insurances can be made by a conventional insurance company or with the help of PAVANDA.
5. Replacement traveler
5.1. If the customer cancels the trip, he is entitled to put a replacement traveler if he is accepted by all of the service providers. The replacement traveler must be able and prepared to enter into the contract under the existing conditions. In particular, he has to accomplish any terms and conditions on health, vaccinations, administrative orders, etc.
5.2. For the total price plus the additional costs and processing fees in accordance with paragraph 3, the customer and the replacement traveler are jointly liable.
6. Amendment of contract services by PAVANDA
6.1. PAVANDA reserves the right to change the issued services prior to booking. PAVANDA informs the customer about it before booking.
6.2. In exceptional cases the increasing of the price after booking is possible in case of increaseing of transportation costs, of fees or state taxes, exchange rate fluctuation or new introduction.
6.3. According to the interest of the customer PAVANDA also reserves the right to change the contractual services for important reasons, prior to departure. PAVANDA strives for offering the customer the equivalent and to inform about the impact on the price. Further claims of the customer are excluded.
6.4. The rights of the Customer under Article 8 and the following Package Travel Act remain reserved.
7. Cancellation of the trip by PAVANDA
7.1. For the legitimate reason PAVANDA AG can withdraw from the contract and aver the costs according to points 3.5 and 3.6 and the cancellation costs in accordance with section 4 and substitute for any possible damages.
7.2. If the required minimal number of participants is not reached, the travel agency can cancel the journey up to 30 days before departure, if nothing else is noted by a tender. The trip can also be canceled due to force majeure, strikes or official measures or other reasons that make the trip impossible, threaten the trip or make it very difficult. In all these cases, if possible PAVANDA offers the customer a replacement journey. However, if the cheaper solution is chosen, the price difference will be refunded to the customer. If the customer forgoes the replacement offer, he gets fully paid amount back. Further claims of the customer are excluded.
8. Discontinuation of the journey by the customer / undrawn services
8.1. If the customer discontinues the journey the price can not be refunded. Undrawn services will be refunded, if they were not invoiced to PAVANDA. The charges of the return journey are fully paid by the customer himself.
8.2. PAVANDA recommends the customer to obtain the appropriate coverage by insurance.
9. Complaints during the trip / duty to collaborate
9.1. Complaints must be reported to the local representative or to the service provider immediately. A free corrective has to be requested. If no adequate measures within reasonable time take place, the customer must confirm the deficiency in writing. The local representative or the service providers are obliged to do this. If the deficiency is insignificant, the client may provide the relief himself.The resulting costs will be refunded by the travel agency on presentation of a bill, if they act within the framework of the contracted services and the customer has objected the deficiency and if the customer has confirmed the deficiency in writing.
9.2. If the customer wants to make claims against PAVANDA, he has to do that within 30 days after the end of the contractual travel in writing, otherwise he looses the right to claim.
10. Liability
10.1. PAVANDA is liable under Article 14 and the following " Swiss Package Travel Act/Law" for careful selection, organization and procurement of the agreed travel services.
10.2. PAVANDA is not liable for delays or changes in timetables and flight schedule and for the expenses incurred as a result of such delays and changes of timetables.
10.3. PAVANDA is not liable for the theft or loss of telecommunication equipment, valuables, cash, checks and credit cards, or their misuse.
10.4. The customer himself is responsible for the transportation of animals. PAVANDA cannot be liable for that.
10.5. For the injury(except personal) the liability of the travel agency is a maximum of twice the price limited, if PAVANDA did not intentionally or by gross negligence cause the damage. The liability covers only the direct loss. Exceptions to deeper limits of liability in international agreements or national laws are reserved.
10.6. PAVANDA recommends the customer to obtain the appropriate insurance.
10.7. In no case PAVANDA is liable for force majeure, strikes, riots, war or terrorist events or official measures of all kinds. The customer is obliged to inform himself about possible dangers that he can meet during the stay in the host country. The liability for loss of holiday enjoyment and similar claims is excluded.
10.8. PAVANDA AG offers the trips and adventure and experience journeys with high demands of the traveler. For that PAVANDA AG can not accept responsibility for accidents, damages or other irregularity that may happen during the active part of the travel. It is confirmed by the traveler with his application. Participation in the tour of PAVANDA AG is at your own risk. The customer is hereby stated that an increased risk of life in the form of significantly increased injuries, fatality and damage events e.g. as a result of crime, poor health care and traditional local diseases exists. Especially in the active travel holidays instructions of the mountain and hiking, or sports guides must be followed strictly. The risk must be weighed in each case by the traveler himself. The information given in our tours about the physical demands are made with the best of our knowledge but without any warranty.
10.9. We strongly recommend the conclusion of the following insurances: luggage, travel accident, travel indemnity insurance, salvage costs insurance, accident insurance, hospital daily benefit insurance, loss of earnings, repatriation insurance and travel health insurance.
10.10.For attaining the summit or the fulfillment of subjective destinations no warranty is given.
11. Entry requirements, travel documents and visas
Information in the travel documents about passport and entry requirements are applied to, unless otherwise stated only for the citizens of the EU and EFTA. The customer himself is responsible for travel documents and visas. In the case of a possible refusal in entry, the customer must pay return travel costs himself.
12. Ombudsman
Prior to any judicial proceedings against PAVANDA the customer should go to the independent ombudsman for the travel industry. This aims to achieve a fair and balanced agreement. The address is: Ombudsman of the Swiss travel industry, Postfach, 8800 Thalwil.
13. Governing Law and Jurisdiction
13.1. For the legal relations between the parties exclusively Swiss law is applicable.
13.2. The place of jurisdiction is Zurich, Switzerland.
