GENERAL TERMS AND CONDITIONS OF AARESCHLAUCHBOOT GMBH
1. Scope of Application
These General Terms and Conditions (GTC) govern the legal relationship between Aareschlauchboot GmbH (hereinafter "Organizer") and the individual who uses the Organizer's services ("Participant") and is the contractual partner.
2. Subject matter of the contract
The subject matter of the contract is the rental of water sports equipment or the organization of guided tours involving water sports equipment (both referred to in this contract as "activity"). The Organizer's booking confirmation is binding.
The Organizer agrees to conduct the Activity in a professional manner and to provide water sports equipment that is suitable for its intended use.
In return, the participant agrees to pay the organizer the contractually agreed price and to use the water sports equipment provided with care.
Additional services may be arranged, provided the organizer agrees. The participant agrees to pay any resulting additional costs.
3. Registration / Conclusion of Contract
Registration for an activity can only be done online or via email for group inquiries. Free spots cannot be guaranteed. We recommend booking early.
In exceptional cases, it is possible to make a last-minute reservation on the day of the activity by phone or at the on-site check-in desk, but this requires confirmation from the organizer.
By booking , a service advertised by the Organizer, a binding contract is formed between the Organizer and the participant based on these Terms and Conditions. By submitting the reservation, the participant acknowledges these Terms and Conditions as an integral part of the contract between him/her and the Organizer.
The participant making the booking will automatically receive an electronic booking confirmation upon booking. If the participant does not receive this confirmation, he or she is responsible for ensuring that the organizer has received and confirmed the booking.
For walk-in bookings, a payment receipt will be issued instead of an electronic booking confirmation.
The participant is responsible for ensuring that their personal information is provided correctly and for verifying all details on the booking confirmation (date, activity, participants, price, etc.). Any discrepancies must be reported to the Organizer immediately and before the start of the booked activity.
Finally, the participant is required to provide a valid phone number to ensure that the organizer can reach him or her on the day of the booked activity.
Any costs incurred as a result of failure to report or incomplete reporting shall be borne by the participant.
4. Prices
All prices are per person or per piece of water sports equipment and are listed as gross amounts in Swiss francs (CHF), including VAT.
The prices are listed on the organizer's website. Prices are subject to change without notice. The booking confirmation is binding in all cases.
Transportation services and other personal services provided by the Organizer (telephone calls, drinks, meals, etc.) are only included in the price if they are expressly stated as included in the booking confirmation.
5. Terms of payment
In all cases, the participant is required to provide a credit card at the time of booking. Alternatives include immediate payment of the total amount via TWINT or cash payment for a last-minute booking.
The total amount stated in the booking confirmation is due as follows:
a) Standard online booking up to 48 hours before the activity
Upon receipt of the booking confirmation, a deposit must be paid by credit card in accordance with the prices listed on the website under the "Booking" section.
The remaining amount is due on the day of the activity and can be paid on site at check-in.
b) Online booking within 48 hours of the activity
Upon receipt of the booking confirmation, the full price agreed upon for the activity must be paid by credit card.
c) Group bookings and guided tours
For group bookings and guided tours, an invoice will be sent to the participant for payment after the activity has taken place.
d) Walk-ins (same-day bookings)
For same-day bookings, the full amount must be paid by credit card, TWINT, or in cash before the activity begins.
6 Cancellation by the participant / changes to the booking
a) Cancellation up to 48 hours before the activity
Booked offers can be canceled in writing up to 48 hours before the scheduled activity. The relevant time is the time at which the organizer receives the notification. In this case, no further payment is due, but no refund will be issued.
Alternatively, the booked activity can be rescheduled to another date during the summer season at no additional cost.
b) Cancellation within 48 hours of the activity
In the event of cancellation within 48 hours of the start of the activity, the full amount for the agreed service is due. The organizer is entitled to charge the outstanding amount to the credit card on file.
c) Booking changes
Further postponements during the summer season are permitted only with the organizer’s consent and for a fee of CHF 10.00 per postponement.
7. Cancellation or changes to the program by the organizer
a) Minimum number of participants
If a minimum number of participants has been specified and is not met, the organizer reserves the right to cancel the activity at short notice or to combine groups. In this case, the organizer will make every effort to offer a suitable alternative.
If it is not possible to fulfill the contract at a later date or if the participant does not accept the substitute service, any payments already made will be refunded, minus the cost of any services already received. The participant has no further claims.
b) Failure to follow instructions / inability to participate
The organizer may cancel or interrupt the activity at short notice if the participant or a member of their group, through their behavior or failure to act, demonstrates that the safe use of the water sports equipment or the safe conduct of the guided tour is jeopardized or impossible.
The organizer also reserves the right to cancel or terminate the activity due to illness or lack of fitness on the part of the participant or a member of his or her group.
In such cases, the participant must pay the full price for the booked activity.
c) Force majeure
If an activity cannot be carried out due to force majeure, safety concerns on the part of the organizer, official measures, or unsafe weather and/or natural conditions (in particular due to flooding), the organizer is entitled to cancel or discontinue the activity, even at short notice.
Cancellations will be communicated to the participant immediately. In this case, the participant is entitled to book an alternative date during the current summer season, but remains obligated to pay the full price.
8. Conditions of Participation and the Participant’s Duty to Cooperate
For all activities, it is assumed that the participant is in good health.
The participant agrees to inform the organizer of any health issues. Under no circumstances may the participant be under the influence of drugs, alcohol, psychotropic medication, or similar substances.
Participants must strictly follow the organizer's instructions.
Participants under the age of 18 may only take part in the activity with the consent of their legal guardian.
In the event of non-compliance, the organizer may exclude the participant from the activity. The full cost of the booked activity must be paid.
9. Insurance
The participant and his or her group are not insured by the organizer.
Each participant is personally responsible for obtaining all necessary insurance.
10. Complaints
Complaints must be submitted to the organizer in writing within 24 hours of the end of the activity. The organizer must acknowledge receipt of the complaint in writing.
The Organizer shall make every effort to resolve the issue raised to the best of its ability.
Claims for compensation must be submitted in writing within 4 weeks of the end of the activity, stating the reasons and providing the necessary evidence. If a claim is submitted late, the participant forfeits all rights to compensation.
11 Liability / Disclaimer
Participants take part in the activities at their own risk and use the water sports equipment entirely at their own risk.
Claims for damages are excluded unless they are caused by the organizer intentionally or through gross negligence.
The organizer is not liable for accidents, rescue operations, or personal belongings such as electronic devices, jewelry, watches, etc.
The participant is liable to the organizer for any loss of or damage to the rental equipment, as well as for any recovery costs. The organizer is entitled to charge these costs to the participant's credit card.
In addition to these Terms and Conditions, the Organizer may require the Participant and the other group members to sign a liability waiver as a prerequisite for participation in the activity. This waiver stipulates that the Organizer cannot be held liable for certain events, including loss, injury, damage, and death. This waiver may also include a health declaration confirming that the Participant is medically fit for the planned activity.
12. Data Protection
The separate privacy policy on the organizer's website applies.
13 Governing Law and Jurisdiction
The contractual relationship shall be governed exclusively by Swiss law.
The place of jurisdiction is Thun.
14. Severability clause
If any of these provisions is invalid, this shall not render the entire Terms and Conditions invalid, unless it can be assumed that they would not have been agreed upon without the invalid provision.
15 Amendments to the Terms and Conditions
The Organizer reserves the right to amend these Terms and Conditions at any time. The version of the Terms and Conditions in effect at the time the contract is concluded shall apply.
* * * * *
Faulensee, March 1, 2024