Terms of Service
General
GEN1 This website, and the tours, are operated by SWISSDAYTOURS Mark Huggenberger. Throughout the site, the terms, ''I'' ''me'' and ''my'' refer to SWISSDAYTOURS Mark Huggenberger.
GEN2 I operate my tours car-free by using the Swiss Federal Railways (SBB), the Swiss Travel System, and corresponding mountain railways/aerial cableways.
GEN3 I operate my tours car-free by using the Swiss Federal Railways (SBB), the Swiss Travel System, and corresponding mountain railways/aerial cableways.
GEN4 I can't accept unaccompanied minors. At least one of the participants needs to be 18 years of age.
Operability
OPR1 I am entitled to amend or cancel the tour should it be insecure or impossible to operate due to severe weather, in case of an emergency, death, accident, or sickness of a company member or its close family. In case of cancelation from my side, I will reimburse 100% of the already paid amount.
OPR2 If I can not operate a tour, because operations have ceased for safety, weather, or technical reasons, I will refund the full tour price.
OPR3 I reserve the right to cancel the tour or remove a participant without a refund from the tour due to inappropriate behavior. This includes, but is not limited to, abusive behaviour, violence against the guide or other passengers, severe intoxication.
Liability
LBY1 I do not provide insurance for the tour participants.
LBY2 The participation in all tours and activities in at the participants own risk.
LBY3 Participation in my tours and any activities offered during the tours, is at the participants' own risk. A travel insurance is highly recommended.
LBY4 Excluding gross negligence by me, the participant waives any claims against me for injury, damage, or loss.
LBY5 The liability for damages, claims, and financial loss, is in all cases, restricted to the double amount of the tour price.
LBY6 I do not accept liability for the participants belongings for any reasons, which include, but are not limited to loss, damage, and theft.
LBY7 I cannot accept responsibility for any tour amendments, delays, or cancelations due to technical failure, sickness, weather, strikes, epidemics, or pandemics.
LBY8 If part of a group decides not to join the tour from the beginning and meet us on along the way, there is no liability for alternative transportation should the tour not be carried out for any reason.
LBY9 If a party or parts thereof leave the tour early, all liability ends at that time.
LBY10 No liability can be accepted for disruptions, delays, blockages and the resulting financial damage caused by force majeure, such as, but not limited to, rockfall, landslides, avalanches and earthquakes.
Emergency response
ERP 1 In case of an accident, sickness, or any other emergency of a tour participant, I, or the on-duty personnel have the right to organize medical assistance, a medical evacuation by air ambulance, or any other aid that deem to be necessary at the participants' cost.
Delayed departure
DLY1 I will meet you at the agreed-upon meeting time and place. If you are not on-time, I will wait 30 minutes for you. If you fail to show up within a half-hour of the agreed-upon time, I will book the tour as a no-show, and the deposit will be charged (non-refundable).
DLY2 Arriving late to the agreed-upon meeting place or providing me with incorrect pick-up information may result in a late departure, an amended tour, missing key attractions of the trip, little time at the vantage points, or a canceled tour. No refunds or discounts will be given in this case.
Balance payment
BLC1 If you are not able or willing to pay the agreed-upon price at the time of departure, the tour will be canceled and booked as a no-show, and the deposit will become non-refundable, as per the refund policy. Should none of your credit/debit cards work, you will get a chance to retrieve money from an ATM in the morning instead. If you can not provide the funds, I need to halt the tour, and we need to return to your departure city with immediate effect.
BLC2 The price is fixed. A renegotiation of the price is not possible.
Booking process / Deposit / Refunds
BKP1 A booking is only considered confirmed once the deposit has been paid in full.
BKP2 For some tours which require seat reservations of a third-party operator, a provisional booking confirmation will be given, if the seat reservations can’t be made at the time of booking. These tours are only considered confirmed once the definite booking confirmation is issued.
BKP3 I can only make refunds to the credit card which has been used for the payment.
BKP4 Deposits made with crypto currencies are always non-refundable.
BKP5 If you make a deposit without being asked to do so, and the tour can not be booked for any reason, including my unavailablilty I will charge a processing fee of CHF 30 plus 2,5 % (two and a half percent) of the prepaid amount for the refund.
BKP6 The example itinerary, and travel route, as shown in the tour description and maps, is the usual route taken on this tour. If we have to take another route due to construction work, technical issues, train cancelation, or any other reason, a refund or reduction of the tour price is not warranted.
BKP7 The cancelation period varies, depending on the tour and the chosen rate. You can find the cancelation policy on the price table of every tour description page, on the offer, which you receive per email before making a deposit, and the booking confirmation.
BKP8 A delay due to safety, weather, or technical reasons does not warrant a refund or discount.
BKP9 If only a small portion of the tour (for example, a visit to a village) is canceled due to safety, weather, or technical-related reasons, I will not give a refund or discount.
Swiss Travel Pass rates
STP1 Swiss Travel Pass rate are only valid if all participants have a valid Swiss Travel Pass.
STP2 If you book a Swiss Travel Pass rate without having a valid Swiss Travel Pass on the tour day, you will have to buy the flexible last-minute tickets directly at the railway station. A tour with flexible tickets can cost substantially more than when you book the standard rate, as this rate includes advance saver tickets, which can not be purchased at the time of travel. If you are not willing to do so, the tour has to be canceled without a refund of the deposit.
STP3 If you are booking a Swiss Travel Pass rate, and if the tour(s) needs to be canceled for any reason, there will be no refund of the expenses for the Swiss Travel Pass, even if the cancellation is due to my fault.
B2B Bookings
BBB1 I can't accept bookings by third parties, such as relationship managers and travel agencies, without prior contact or a signed form by the participants of the tour.
BBB2 Reselling my tours at higher prices is not allowed. You can add a booking fee, which may not exceed 20% of the initial tour price if it is billed separately.
BBB3 I will give all customers a receipt for the amount charged by me.
Jurisdiction & legal
LGL1 The sole place of jurisdiction for all disputes arising from a contract signed with me or tour operated by me, has been agreed to be Zurich, Switzerland.
LGL2 The EU Commission has a website for online dispute resolution between entrepreneurs and organizations (OS platform), the EU platform for out-of-court dispute resolution. I am neither obliged nor willing to participate in a dispute settlement procedure before a European Union consumer arbitration board.
LGL3 If any provision of this agreement is held to be illegal, invalid, or unenforceable, in whole or in part, under any applicable enactment of the rule of law, such illegality, invalidity or unenforceability shall not affect the remainder of this agreement.
LGL4 Freedom to contract: I reserve the right to decline a booking or refuse service for any reason.
Version 4.00 - valid for all bookings from October 19, 2024