Terms and conditions
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1. Conditions of Participation, Obligations of the ParticipantGood health is necessary in order to take part in all activities. The participants are obligated to inform the organizer of any possible health problems. Under no circumstances may participants take part in the activities while under the influence of alcohol, drugs, psychiatric drugs or any similar substances. The participants are obliged to fulfill the conditions of participation and agree to strictly follow the instructions of the organizer, the guides, activity leader, and assistants. If the Conditions of Participation are not fulfilled or if instructions are disregarded, the organizer reserves the right to prohibit participation
2. Insurance
The participants are not insured by the organizer. The participants are obliged to insure that they have sufficient health and accident insurance coverage (including sport coverage).
3. Appeals
Should the activity lead to appeals or damages, these are to be communicated immediately, in writing, to the activity leader (i.e. activity provider), and these are to be confirmed in writing by the responsible leader. The activity leader, however, shall not have the right to acknowledge claims, for which reason a confirmation shall not have the effect of an acknowledgement of wrongdoing. The activity leader (i.e. activity provider) will make every effort, within the confines of the program and the possibilities available, to remedy the situation. Should the situation be insufficiently remedied or not be remedied, or the participant wishes to make damage claims, these must be received by the organizer within four weeks of the contractual end of the activity at the booking agency. The participant’s appeal is to be accompanied by the confirmation of the activity provider/activity leader as well as any other relevant evidence. In the case of delayed complaints or complaints with omissions during the activity or delayed submissions of the claims at the booking agency ,all appeals will be deemed invalid.
4. Liability
Damage claims against the organizer or the assistants are excluded, as far as the damage was not caused by negligence or intentionally. The organizer is authorized to have assistants or call on third parties to provide valued services. Should the organizer lawfully transfer the execution of the activity to a third party, the organizer shall not be held responsible for the third party’s actions or neglect during execution of the activity. The organizer will especially not be held responsible for damages which are caused by the actions or neglect of the activity leader should this conduct not fall under his/her contracted responsibility; as cause of actions of third parties, other participants, the participant (especially under point 1), acts of God, natural occurrences, official regulations etc or damages caused by delayed return to the starting point of the activity. Should the participant not follow the instructions of the organizer, activity leader, etc, all liability of the organizer is dropped.
5. Applicable Law and Area of Jurisdiction
Swiss law, excluding international agreement, is exclusively applicable for the contractual relationship. The parties agree that the exclusive legal domicile is Zurich. The organizer is however authorized to lodge a claim in the legal domicile of the customer.
Zurich, January 2011
Rolf P. Egg
CEO HB – Adventure Switzerland