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1.
General Information:
In the following the booking party will be called "Client",
All Alpine Sports Herbert Lüthi "Organizer" and all bookings
"Courses". In case of discrepancy the Terms of the Organizer
will be used.
2.
Application:
These terms and price list of the organizer will be used with all
courses of the organizer, except in courses where changes are clearly
stated and in addition the terms of the "Swiss Mountain Guide
Union".
3.
Creation of a booking:
A booking will be created after receipt of the booking from the client,
confirmation of the organizer and advance payment as has been agreed.
After receipt of the booking confirmation the client is entitled within
5 days to change the booking, but not to withdraw.
4.
Payment:
The organizer is entitled to ask for an advance payment or deposit. The
balance has to be settled by the end of the course at the latest.
Advance payments or deposits expire after 5 years. Expenses of the bank
have to be covered by the client.
Every enterprise in Zermatt is entitled to debit the credit card of the
client for the organizer for not settled payments. Additionally 3% bank
expenses will be charged.
5.
Withdrawal of the client:
60 - 31 days before the course 25%, 30 - 11 days 50%, 0 - 10 day 100%
will be charged of the agreed price with the organizer.
6.
Withdrawal of the organizer:
The organizer is entitled to cancel a course when the minimum number of
clients has not been reached. A withdrawal is always possible under the
influence of higher power such as avalanches, weather conditions,
technical problems of transportations etc.
7.
Change of courses:
Under
influence of higher power or when the client does not meet the
requirements the organizer is entitled to change a course. The organizer
is entitled with a stated reason to change the agreed price when the
course has been changed. If a course must be stopped, because the client
does not fulfil the demands it will be treated like a withdrawal of a
course.
8.
Instruction obligation:
The client shall follow the organizers instructions to the letter
rigidly. Should this not be the case, the organizer has the right to
terminate the course immediately, and the client shall be bound to remit
the full contractual price.
9.
Risks of the client:
The
client shall spontaneously inform the organizer of any possible risks
that concern him/her (and specifically of a medical nature). In the
absence of contrary indications, the client guarantees to the organizer
that he/she has the required capacities (physical condition, physical
and mental health, mountain experience, safe walking in difficult
terrain, absence of vertigo, equipment, etc.) to undertake the booked
course. If a client does not fulfil his/her obligation to inform, in the
event of a problem, the guide has the right to turn back immediately,
and the client shall be bound to remit the full contractual price.
10.
Bad weather:
In general, the course will be held with any weather conditions as long
the organizer judges the risk as reasonable. With bad weather the
organizer has the right to adapt a course to the weather conditions. If
a course must be stopped a fee will be charged according to expenditure
of the started day but a minimum of 50% of the agreed fee. A refund of
the remaining days of the course will be given. A day fee will be
charged for a waiting day in a hut. Ski and snowboard lessons will be
given as long as a slope is available.
11.
Faults:
Faults and complaints have to be stated immediately to the organizer or
representative of the organizer. The client has got the right of a
reduction when the fault is considerable and when it can not be removed
within a reasonable time. The client is under no circumstances entitled
to further claims or compensation. All claims expire when the client
does not announce the faults or complaints immediately they appear.
12.
Insurance:
The client is responsible for his insurance cover; accident, illness,
liability and cancellation.
13.
Risk and liability:
All activities in the mountains create a risk. Despite all care and
safety measurements accidents / damages may happen. The client carries
the risk completely for himself, for his action and against third
parties. The organizer refuses all demands and claims of the client,
damaged individual or third parties as a result of his action.
14.
Prices:
The stated prices are for the Instructor / Guide services, excluding his
expenses (e.g. transportation, accommodation, meals etc.) All
expenses have
to be covered by the client. Some courses where it is clearly stated,
may contain extended services.
15.
Place of jurisdiction:
All disputes between the organizer, client, damaged individual or third
parties have to be judged exclusively
by the juries which are responsible for Zermatt.
Zermatt, 30th August 2008
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