Terms & Conditions

Terms and Conditions, Kobler & Partner Ltd.

Version February 2015

1. Conditions for all Travel Events

1.1 Definitions

The term used in the programme is determinative of the definition of the travel event. Each travel event is either described as travel, expedition or tour. Travel events which are not specified rank as travels.

1.2 Preparation

Excellent fitness is an absolute requirement for the security of the participants and the success of the undertaking. Each participants has to prepare for the travel event i.a. through adequate training. The preparation is responsibility of the participants. Participants who do not meet the requirements regarding mountaineering and physical capabilities may be excluded from the travel event with no claim for reimbursement and have to meet the additional expense caused.

1.3 Equipment

Each participant is responsible for his/her personal equipment (including apparel). Only the group equipment will be provided by the operator as listed in the detailed travel programmes. Each participant will receive a detailed equipment list as an aid.

1.4 Group Leadership

A guide, chosen and sent by the operator, accompanies every group. The indication of the guide in the programme is an informative indication only and not binding. Participants must adhere to the decisions taken by the guide during the travel event. Should a participant oppose the decisions of the guide, he/she will be required to leave the travel event. As soon as circumstances allow, the participant has to arrange for an early return on his/her own account and cost. In such an event, the participant has no claim for reimbursement. Should the guide become unavailable prior to departure, it is at the operator's discretion to provide for a substitute or cancel the travel. Should the guide become unavailable during the travel (accident, illness, etc.), the participants will choose a new guide among themselves and inform the operator immediately.

1.5 Responsibilities of the Participants

The participants agree to conduct themselves in a manner conducive to good group dynamics, mutual respect, tolerance and helpfulness. They agree to respect the guide, other helpers and third parties involved. The participants agree to respect the rights, mores and customs of the respective countries and to respect the environment.
In order to protect relatives, the participants agree, in case of an accident, not to give any information concerning the travel event as well as the course of the accident or the participants to the public without the explicit consent of the guide or the operator. Furthermore, they take care that personal messages, reports, letters (etc.) from other participants will not be published.

1.6 Insurance

Cancellation insurance and travel insurance are compulsory for each participant and have to be organised by him/her on his/her own account. Cancellation insurance and travel insurance are not included in the travel package price.
Upon booking the participants declare to have secured the appropriate cover for any risks and dangers related to the expedition, travel or tour. These risks and dangers include illness, accidents and theft. The participant declares that rescue, repatriation and cancellation costs are covered. The participant declares to have effected theft insurance. The participant declares to have effected sufficient general liability insurance.

1.7 Payment Terms

For travels, tours and expeditions which include flights, the operator will issue a payment on account, the sum of which is 20% of the maximum price as noted in the detail travel programme (price for minimum number of participants).
For pre-compiled groups (extraordinary groups), payment on account will be issued to each participant. The guide of the extraordinary group may also request one single payment on account totalling the sum of all participants. The amount invoiced is to be paid by the payment date indicated on the invoice.

The remaining or total sum (in case of no prior payment on account having been issued) is due upon definite decision of realisation of the travel event as booked. In addition to the sum for the travel event, costs for extra services which are not included in the regular offer are being invoiced to participants who have booked such services. Extra services are for instance single rooms, business class flights, travel bags, oxygen bottles.
The amount invoiced is to be paid by the payment date indicated on the invoice.

Not meeting an invoice by the payment date indicated on the invoice is regarded as the participant's withdrawal from the travel event. In this event, the conditions in case of withdrawal become effective.

1.8 Prices

The prices are detailed in the respective travel programmes. If the number of participants named in the programme is not reached, the tour operator reserves the right to cancel the travel or to conduct it with a smaller number. A cancellation will be communicated at least 21 days before the planned departure. If a travel is conducted with a smaller number of participants, there will be additional costs that have to be met by the participants.

An increase of the price noted in the programme has to be taken into account if the following applies: price alterations of airlines or other transport companies, increase of taxes and currency fluctuations.

All participants residing in Switzerland will be billed in Swiss Francs (CHF) according to the price stated in the travel programme.
Participants residing in EU Member States will be billed in Euro (EUR) according to the price stated in the travel programme.
All other participants will be billed in US-Dollars (USD) based on the CHF price stated in the programme, respecting the exchange rates effective on the date of invoice.

1.9 Liability

It is the sole responsibility of the participants and at their own risk that they take part in a travel, expedition or tour. The liability of the tour operators is limited to premeditation and negligence. Any liability for assistants is excluded.

The tour operator is insured against claims by the Employers’ Liability Act. Liability is limited to CHF 5,000,000 per damage. For any damages that are not person-bound, liability is limited to the double price of the travel.

1.10 Travel warranty

Our company is partaker in the guarantee fund of the Swiss travel industry and guarantees the indemnity of the sums paid in the context of the booking of a travel package as well as your return journey.

1.11 Cancellation due to vis major events

If the cancellation of an expedition, tour, travel is due to vis major events, the organiser will reimburse the participant for his/her payment made after the deduction of costs already incurred (e.g. permits, advance payment to hotel).

1.12 Medical Care, Vaccination

Vaccination is sole responsibility of the participants, as are preliminary medical check-ups and medical health checks. Upon request, the tour operator will inform the participants where to obtain information on any formalities concerning health requirements, which are necessary for the travel.
The leader will take along a first-aid kit. It is sole responsibility of the participant to take along personal medication in sufficient quantity.

1.13 Visa, Passport and Customs

With their booking the participants agree to conform to the respective entry and customs requirements and, if necessary, to possess a valid passport. The necessary visas will be provided by the organiser, unless noted differently in the detail programme.

1.14 Publishing of Pictures

During the expeditions, travels, tours, pictures of the guide or of the guests will be taken on which individuals may be recognisable. The operator may use the pictures taken by the guide or by guests, should they hand them to the operator, at free disposal, in particular for use in image galleries, print products or web pages.
For reports of the travel event on the web appearance of K&P, pictures will be used already during the course of the expedition, travel, tour.
Right to refusal of publication of pictures showing participants recognisably has to be claimed prior to the travel event in written form.

1.15 Departure Letter

Should a participant not have receive the “departure letter” as well as the print out of the e-ticket for the flight by the 8th day before departure, he/she shall have to inform the organiser immediately.

1.16 Change of Programme

The right to make programme changes is explicitly reserved.
No claim can be made to reaching the planned summit or the planned target destinations. The organiser cannot guarantee for this.

1.17 Cancellation of Extra Services in Case of Participation

Booked extra services (e.g. single room, flight upgrade, etc.) cannot be cancelled.

1.16 Complaints

Any complaints regarding the non-fulfilment of the expedition, travel, tour must be forwarded in writing to Kobler & Partner within the stipulated time of 30 days.

1.17 Jurisdiction

Jurisdiction Any contract is subject to the sole jurisdiction of Berne and shall be governed by Swiss Law.

2. Additional Conditions for Expeditions

2.1 Expeditions

Expeditions are travels that are designated as «expeditions» in our programme. In addition to the general conditions, the following conditions apply:

2.2 Role of Leader and Participants

A solid experience in high mountaineering, excellent stamina and excellent health is required for the participation in an expedition; the participants must be able to move securely and independently on combined terrain (snow, ice, rock).
The leader of the expedition is only available for the leadership of the group and not for any individual coaching.
Each participant is obliged to help and take part in all necessary chores during the expedition, especially the break of all camps.

2.3 Booking of Expeditions

The booking of the expedition is made binding with the completed, controlled and signed form «Booking of a Kobler & Partner Travel Event.» The participant declares to have read and understood the Terms and Conditions and agrees to comply with them. The booking is legally binding. The organiser confirms the booking via email. This email also states the further course of events until the start of the travel event. The booking is a request to closing a contract, which happens only once the organiser confirms it.
The participant declares that he/she fulfils the participation criteria and acknowledges the Terms and Conditions. The organiser reserves the right to reject participants without giving reasons.
Prior to the start of the expedition, the participant has to complete and sign a declaration of acceptance of risk, which is part of the contract.

2.4 Payment Date for Expeditions

In general, the remaining or total sum (in case of no prior payment on account having been issued) is due 60 days before the departure. In case of disagreement, the date indicated on the invoice is overriding.

2.5 Withdrawal from Expeditions

In the event of withdrawal, a processing fee of CHF 200.- is due immediately, irrespective of the point in time. In addition to this, the participant will be charged the following percentage of the amount invoiced by the organiser up to the date of withdrawal:

up to 92 days before departure: 10%
up to 61 days before departure: 70%
up to 31 days before departure: 80%
up to 14 days before departure: 90%
later cancellation: 100%

3. Additional Conditions for Travels

3.1 Travels

Travels events that are not designated as either «expeditions» or «tours» are classified as travels. In addition to the general conditions, the following conditions apply:

3.2 Role of the Leader

The leader of the travel is only available for the leadership of the group and not for any individual coaching.

3.3 Booking of Travels

The booking of the travel is made binding with the completed, controlled and signed form «Booking of a Kobler & Partner Travel Event» The participant declares to have read and understood the Terms and Conditions and agrees to comply with them. The booking is legally binding. The organiser confirms the booking via email. This email also states the further course of events until the start of the travel event. The booking is a request to closing a contract, which happens only once the organiser confirms it.
The participant declares that he/she fulfils the participation criteria and acknowledges the Terms and Conditions. The organiser reserves the right to reject participants without giving reasons.

3.4 Payment Date for Travels

In general, the remaining or total sum (in case of no prior payment on account having been issued) is due 30 days before the departure. In case of disagreement, the date indicated on the invoice is overriding.

3.5 Withdrawal from Travels

In the event of withdrawal, a processing fee of CHF 200.- is due immediately, irrespective of the point in time. In addition to this, the participant will be charged the following percentage of the amount invoiced by the organiser up to the date of withdrawal:
up to 92 days before departure: 10%
up to 61 days before departure: 50%
up to 31 days before departure: 80%
up to 14 days before departure: 90%
later cancellation: 100%

4. Additional Conditions for Tours

4.1 Tours

Tours are guided mountain-, ski-, hiking- and climbing trips that are designated as «tours» in the programme. In addition to the general conditions, the following conditions apply:

4.2 Role of the Leader

The leader of the tour is responsible for leadership.

4.3 Booking of Tours

The participant makes a binding booking of the tour through the web form, via telephone, via email or orally by stating name, address, place of residence, date of birth, email, mobile phone number, membership Alpine Club, emergency contact.

The participant receives a «Confirmation of Definite Booking of a Kobler & Partner Tour,» which completes the definite booking. The participant declares to have read and understood the Terms and Conditions and agrees to comply with them. The above mentioned confirmation closes the contract between participant and organiser.

The participant declares with his/her booking that he/she fulfils the participation criteria and acknowledges the Terms and Conditions. The organiser reserves the right to reject participants without giving reasons.

4.4 Payment Date for Tours

In general, the payment for the travel event is due 21 days before the start of the tour. In case of disagreement, the date indicated on the invoice is overriding.

4.5 Withdrawal from Tours

In the event of withdrawal, a processing fee of CHF 200.- is due immediately, irrespective of the point in time. In addition to this, the participant will be charged the following percentage of the amount invoiced by the organiser up to the date of withdrawal:

up to 31 days before departure: 80%
up to 21 days before departure: 90%
later cancellation: 100%