General Terms and Conditions

These general terms and conditions are an integral part of the contract between the customer and Travelise Sàrl, place du Midi 50, 1950 Sion, Switzerland (hereinafter referred to as "Travelise"). The rights and obligations of the client and Travelise arise from the individual written contract, these terms and conditions and the legal provisions. For the sake of simplicity, these general terms and conditions use the masculine form, but it goes without saying that all designations of persons or functions are to be understood in both the masculine and feminine forms.

The images and descriptions on the website and in the offers are non-contractual and are intended to illustrate the experiences offered.

1. SCOPE OF APPLICATION

The following contractual conditions regulate the legal relationship between you, the customer, and us, Travelise.

These general terms and conditions are made available to the client before a reservation is made and the client accepts them when a reservation is made (see also Art. 2.1). The client is in particular responsible for reading them before making a reservation.

2. CONCLUSION OF THE CONTRACT

2.1 Commencement of the contract

Descriptions of services published by Travelise are to be understood as an invitation to submit an offer (Art. 7 para. 2 CO). The customer may make a reservation in person, by telephone, in writing and/or electronically. 

With the booking, the customer makes a binding offer to Travelise to enter into a contract which is deemed to include these terms and conditions. The contract between you and Travelise comes into effect with the acceptance of the booking by Travelise, which can be given up to 10 working days after receipt of the offer. Mere acknowledgement of receipt does not constitute acceptance by Travelise.

2.2 Parties to the contract

The travel contract is concluded between the customer and Travelise. As a contractual partner of Travelise, if you register several participants for the trip, you undertake on their behalf, as well as your own, to fulfil the obligations arising from this contract, in particular the payment of the trip. These terms and conditions therefore apply to all participants in the service.

3. SERVICES

3.1 Services provided

Travelise undertakes to organise your trip/excursion/event and to provide you with all the services agreed upon at the time of booking confirmation by Travelise. Any special wishes of the customer and additional agreements are only part of the contract if they have been accepted and confirmed in writing by Travelise without reservation.

3.2 Contractual elements

At the time of booking and confirmation of a reservation, Travelise considers the following criteria to be binding and must be met:

• number of participants ;
• destination region ;
• date of travel and duration of stay.

3.3 Non-contractual preferences

Any additional information provided by the customer at the time of booking is considered to be non-mandatory and non-essential preferences. These allow Travelise to get to know the customer better in order to organise a trip that is as close as possible to the customer's expectations. Travelise undertakes to take account of these preferences to the best of its ability but cannot guarantee their satisfaction and/or fulfilment, so that their absence or deviation does not result in a change to the contract unless Travelise expressly indicates this to the client, in which case the parties agree on this. The lack of satisfaction or deviation of the client and/or participants with regard to the trip/ tour/event organised by Travelise, in particular the fact that the surprise is not to their liking, does not entitle them to any refund.

3.4 Partial participation

Partial participation in a trip/excursion/event does not entitle the participant to a refund of the unused part of the service.

3.5 Privatisation

The privatisation of a service is subject to the express written confirmation of Travelise. In the absence of such confirmation, no privatisation (venue, activity, accommodation, restaurant, etc.) will be guaranteed.

3.6 Language

The language spoken by a partner, particularly but not exclusively in the case of excursions/events, is the language indicated by the customer at the time of booking. The performance of the service in a language other than that provided by the partner is in principle not possible, unless expressly confirmed in writing by Travelise. It is the client's responsibility to ensure that all participants he/she registers are able to speak or understand the language indicated. If this is not the case, no refund will be made for the participant(s) concerned. 

4. INFORMATION OBLIGATION AND TRANSMISSION OF DOCUMENTS

4.1 Participants' identities

Once the registration is effective, Travelise requires identification from each participant. Travelise reserves the right to refuse the booking in the event of non-delivery of identity documents or non-payment of the agreed fee within the specified time. Except in exceptional circumstances, the names and details of all participants must be provided to Travelise within 10 days of registration, after which time additional charges may apply. The information provided is binding for all bookings. Travelise accepts no responsibility for any incorrect or incomplete information provided.

4.2 Customs and health requirements

Each participant is responsible for compliance with passport, visa, customs and health regulations. The passport and visa requirements indicated in the trip descriptions are valid for Swiss and Liechtenstein citizens. Nationals of other countries are responsible for informing us at the time of booking about the regulations, restrictions and non-accessible destinations applicable to their respective nationality.

4.3 Additional information

The client undertakes to provide Travelise with all information relevant to the successful completion of the trip/ tour/event, in particular but not exclusively all information relating to the health of the participants (allergies, reduced mobility, disability, pregnancy, etc.). In view of the requirements of the planned trip, the customer must assess his or her own state of health and, if necessary, refrain from travelling. If the customer fails to provide information and cooperation, Travelise accepts no liability. In particular, claims for compensation or reimbursement are not applicable.

5. PRICE

5.1 Pricing

Unless otherwise stated, prices are per person and in Swiss francs (excluding VAT). Payment shall be made in accordance with the terms of payment described in point 6, Invoice and terms of payment. Any discounts due to the use of a gift voucher must be registered at the time of booking. We accept the following payment methods: Visa, MasterCard, Twint and bank transfer.

5.2 Price changes

5.2.1 Subsequent cost increases

In the event of subsequent cost increases, Travelise reserves the right to increase the price of the trip accordingly after the conclusion of the contract, in particular in the following cases

• increased transport costs (e.g. fuel surcharges) ;
• introduction of new taxes and/or duties or increase in taxes and/or duties (e.g. increase in VAT);
• changes in exchange rates ;
• billing and publication errors.

In such cases, Travelise will reflect these increases in the selling price, but no later than 31 days before departure. If the price increase exceeds 10%, you have the right to cancel the contract within 5 days of receiving our notice by email or registered letter. You are also free to take a replacement trip if possible. If the replacement trip is inferior to the contractually agreed trip, the customer may request compensation for the reduced value. The latter remains at the discretion of Travelise. Any other claim for compensation is excluded. If the replacement trip is of higher quality, additional costs may apply.

5.2.2 Changing the number of participants

The addition of new participant(s) will result in additional costs to be borne by the client. If the addition of participants exceeds the capacity of a location, means of transport or requires a change in the programme, Travelise will offer the client an adjustment to the programme which may result in additional costs.

On the other hand, the cancellation of one or more participants will result in a refund according to point 7. Cancellation. Any cancellation and/or modification of your registration must be sent in writing to the following address: surprise@travelise.ch

5.2.3 Request for additional service(s)

Any additional service(s) requested by the client before or during the trip/excursion/event that is not included in the service will be invoiced additionally.

6. INVOICE AND PAYMENT TERMS

6.1 Invoice

The invoice also serves as a contract. Once the invoice has been issued, the payment and cancellation conditions apply. Payments by bank transfer are accepted and must be made in Swiss francs (CHF) to the following account

Travelise Sàrl

Place du Midi 50

CH-1950 Sion

Bank: UBS Switzerland AG

IBAN: CH91 0026 5265 1167 9401 Z

BIC : UBSWCHZH80A

If your payment is not received by us within the agreed period, we reserve the right, after notification, to withdraw from the contract and to cancel your service.

6.2 Payment terms for Individuals

Travelise understands "Individual" to mean any service with a number of participants up to 4 people. The client is obliged to pay the full amount of the trip upon acceptance/reservation of the offer. Payment is made immediately after booking via our internet platform or by bank transfer within 5 days. The booking is only confirmed upon receipt of the full amount.

6.3 Terms of payment for Small Group

Travelise understands "Small Group" to mean any service with between 5 and 20 participants. The client is obliged to pay the full amount of the trip upon acceptance/reservation of the offer. Payment is made immediately after booking via our internet platform or by bank transfer within 10 days. The booking is only confirmed upon receipt of the full amount.

6.4 Terms of payment for Large Group

Travelise understands a "Large Group" to mean any service with a number of participants of 21 or more. The client agrees to pay Travelise according to the following payment schedule:

• 1^ère due date: 60% deposit, upon acceptance of the offer;
• 2^ème due date: balance of 40%, 3 months before the departure date.

This schedule of deadlines is established as a basis for invoicing. However, the percentage of advance payment may vary depending on the client. Invoices issued always prevail over these conditions. Any additional services will be invoiced after the trip/excursion/event - payment within 30 days of the invoice date.

6.5 Conditions Offer

Travelise offers to make the first offer. However, Travelise reserves the right to charge for additional requests or offers. An hourly rate of CHF 100.00 will be charged for the execution of additional requests or offers.

7. CANCELLATION OF THE TRIP

7.1 Cancellation conditions for Individuals

Travelise defines "Individual" as any service with up to 4 participants. If you cancel before departure, or if you interrupt your trip for a reason not covered by cancellation insurance, or if you do not have such insurance, you will be liable to pay a cancellation fee. From the sixtieth day before departure, we will only reimburse you the following percentage of the package price (excluding transport tickets if issued and administration costs):

INDIVIDUAL CANCELLATION CONDITIONS

(up to 4 people)

• Up to 61 days before departure 90 % ;
• 60 - 31 days before departure 75 % ;
• 30 - 15 days before departure 50 % ;
• 14 - 0 days before departure 0* %.

The actual date of receipt of the cancellation is decisive for the calculation of the above-mentioned cancellation fee.

In case of notification during the office closing hours, the next working day is decisive.

In case of cancellation or modification of the programme, a handling fee of CHF 50.00 per person having booked, and max. CHF 300.00 per booking will be charged. This fee is not generally covered by any cancellation insurance. Please note that in the event of a postponement of the trip, the refund conditions of our partners apply. In particular, these conditions do not give rise to any additional rights.

*After 14 days before your departure, we cannot guarantee any refund. However, we will do our utmost with our partners to cancel your services at a lower cost. We advise you to take out travel insurance to cover this risk. The amount of the insurance policy and the administration costs are always at the expense of the insured. More information under point 11. Insurance.

The following services may be excluded from these conditions:

Partner conditions

As Travelise books its services with partners, the cancellation and refund conditions of these partners are binding. All potential refunds are therefore based on the terms and conditions of the respective partner.

Benefits consisting of fixed costs

Some services (activities, rentals, transport, catering) are subject to group rates and are considered as fixed costs in the budget. Therefore, our partners do not offer refunds in case of cancellation by one or more participants. In case their rates are also calculated on a pro-rata basis according to the number of participants or via a price scale, it is possible that a partial refund is effective.

Non-reimbursable benefits

Please note that the cancellation conditions for tickets/tickets are strict. No refunds are possible after tickets have been issued, even if the cancellation date is earlier than 60 days before departure. Tickets for public events are also non-refundable benefits once issued.

7.2 Cancellation conditions for groups

Group" means any service with a minimum of 5 participants. If you cancel before departure, or if you interrupt your trip for a reason not covered by cancellation insurance, or if you do not have such insurance, you will be liable to pay a cancellation fee. Upon acceptance of the offer, we will only refund the following percentage of the package price (excluding tickets if issued and administration costs):

GROUP CANCELLATION POLICY

(from 5 persons)

• Up to 91 days before departure 75% ;
• 90 - 45 days before departure 50 % ;
• 44 - 30 days before departure 25 % ;
• 29 - 0 days before departure 0* %.

The actual date of receipt of the cancellation is decisive for the calculation of the above-mentioned cancellation fee. In the event of notification during office hours, the next working day shall be decisive.

Please note that in the event of a postponement of the trip, the refund conditions of our partners will apply.

*After 29 days before your departure, we cannot guarantee any refund. However, we will do our utmost with our partners to cancel your services at a lower cost.

We advise you to take out travel insurance to cover this risk. The amount of the insurance policy as well as the handling fees are always at the expense of the insured. More information under point 11. Insurance.

The following services may be excluded from these conditions:

Partner conditions

As Travelise books its services with partners, the cancellation and refund conditions of these partners are binding. All potential refunds are therefore based on the terms and conditions of the respective partner.

Benefits consisting of fixed costs

Some services (activities, rentals, transport, catering) are subject to group rates and are considered as fixed costs in the budget. Therefore, our partners do not offer refunds in case of cancellation by one or more participants. In case their rates are also calculated on a pro-rata basis according to the number of participants or via a price scale, it is possible that a partial refund is effective.

Non-reimbursable benefits

Please note that the cancellation conditions for tickets/tickets are strict. No refunds are possible after tickets have been issued, even if the cancellation date is earlier than 90 days before departure. Tickets for public events are also non-refundable benefits once issued.

8. SWISS TOUR CONDITIONS

By "Swiss Tour" Travelise means all excursions and stays in the cantons of Valais, Fribourg, Vaud, Geneva, Jura & Trois-Lacs, Bern and Ticino offered in the various Swiss Tours packages. The services as proposed and described on our website may be subject to change, in particular within the field of activity (replacement of the tasting of local products such as wine by a tasting of any other local product such as beer, etc.). Travelise will endeavour to communicate these changes as soon as possible.

To book a Swiss Tour, a gift voucher must be purchased in advance or the offer can be booked directly online. A Swiss Tour is non-refundable, non-nominative and transferable.

Once the service has been booked, it is not possible to cancel it with a refund. However, the place is transferable to anyone over 18 years of age. Only persons of legal age may take part in the tour.

In particular, participants are obliged to comply with the safety and caution rules and the instructions of the service providers during the entire tour. In particular, the abuse of alcoholic beverages and/or substances with psychotropic effects is not tolerated. Travelise accepts no responsibility for any failure to observe the rules of propriety, safety and caution and the instructions of the service providers (see clause 13.2) . Travelise cannot be held responsible for incidents, accidents, personal injury or property damage that occur during the provision of the service. Booking dates are subject to availability offered by Travelise. Tours can only take place if there are between 12 and 15 participants per date. Travelise reserves the right to reschedule a tour if there are insufficient participants or to refuse bookings if the date is full. Travelise is not responsible for any additional purchases/consumptions made by the client during the tour.

The client undertakes to keep the contents and services of the various Swiss Tours confidential as far as possible in order to maintain the surprise effect for future travellers.

9. GIFT VOUCHER

Gift vouchers can only be used to purchase products or services on the Travelise website. As products and services evolve over time, if certain products or services are no longer available, they will be replaced by existing offers on the website.

The gift vouchers are valid for a limited period of two years, unless expressly stated otherwise. After this period, the gift voucher will be considered expired and cannot be used, exchanged or refunded. Please note that all gift vouchers are non-refundable, even if they are still valid. However, they remain non-nominative and transferable.

Gift vouchers can be redeemed in instalments, provided there is a sufficient balance to cover the amount, or part, of the transaction.

Travelise is not responsible for lost or stolen gift vouchers. No new gift vouchers can be issued.

In no event shall Travelise be liable for any indirect, consequential or special damages arising out of the use of or inability to use the gift voucher.

10. MOBILE APPLICATION

Travelise reserves the right to charge for the use and provision of its mobile application. These costs vary between CHF 200 and CHF 5,000, depending on the complexity of the application in question. As the mobile application is considered a logistical support tool, Travelise accepts no responsibility for any unexpected surprises. Travelise is also not responsible for technical failures or inability to upload a trip to the mobile application. If necessary, Travelise will provide the necessary information to complete the trip by another appropriate means (email, telephone, paper, etc).

Unless otherwise stated, the mobile application is essential for the proper performance of the service. The client is obliged to pass on the access codes for the mobile application to each of the participants.

11. TRAVEL INSURANCE

Travelise recommends that you take out comprehensive insurance, including cancellation costs (insurance against cancellation costs), medical costs, repatriation costs in the event of accident, illness or death, and luggage insurance, unless you are already covered by other insurance.

Travelise offers the customer the option of taking out insurance with Europäische Reiseversicherungs AG (hereinafter referred to as "ERV"). The description of the insurance services and the general terms and conditions of insurance will be sent to the customer at the time of booking. The client undertakes to pay a premium according to the maximum amount of insurance he wishes to cover (see table below):

This cover is only valid for the travel dates booked and only for participants who have taken out the insurance themselves. Claims are handled directly by ERV. Travelise may act as an intermediary in the event that the customer requires assistance. The parties undertake to comply with the applicable data protection regulations.

12. CHANGES TO THE PROGRAMME OR INTERRUPTION OF THE TRIP

12.1 Programme changes

Due to unforeseeable or unavoidable circumstances of force majeure, it may be necessary to modify the travel programme or some of the services provided for in the contract, such as  accommodation, means of transport, companies or transport schedules. In such cases, Travelise will make every effort to replace the defective services with services of equivalent value and which do not significantly affect the overall structure of the trip. We will inform you as soon as possible of any necessary changes to the programme.

12.2 Force majeure and strikes

If there are reasons that make it impossible to carry out a trip, such as force majeure, war, civil unrest, strikes, government measures, withdrawal or denial of national rights, or circumstances that we believe may present health or life-threatening risks, Travelise reserves the right to terminate the contract, even at short notice, and to cancel the trip. In such cases, Travelise will endeavour to inform you as soon as possible and offer you an alternative at your expense. If the trip or event has to be postponed, Travelise will offer an alternative date in accordance with the client's availability. There may be a charge for this, depending on the conditions of the partners.

The customer is not entitled to a refund of the price of the trip in the event of limited or reduced services due to an unforeseen and unavoidable event (force majeure). Any other claim for compensation on any grounds whatsoever will be refused.

12.3 Minimum number of participants

Some trips are subject to a minimum number of participants, which may vary from one trip to another. If the number of participants in a trip is insufficient, we can cancel the trip at the latest 2 days before the agreed date. We will notify you as soon as possible if we can see before this deadline that the number of participants will not be reached. In this case, we will make every effort to replace the defective services with services of equivalent value. If we are unable to offer you an alternative or if you refuse the alternative offered, we will refund the amount already paid. Cancellation charges may apply as set out in Section 7. We are not obliged to offer an alternative programme. Any compensation for non-performance of the contract and any assumption of costs for services performed by you prior to the trip are excluded.

12.4 Withdrawal or termination by Travelise

In the event of substantial errors in the conclusion of the contract, including but not limited to calculation errors and computer problems, Travelise is entitled to withdraw from the contract within 10 days of its acceptance. The customer is entitled to a refund of payments made. Any other claims for compensation are excluded.

If the client or a travel participant under his/her responsibility makes compliance with the contract intolerable for Travelise due to inappropriate behaviour, Travelise is entitled to withdraw from the contract or to terminate it. The client shall pay the processing fee and the flat-rate cancellation fee in accordance with point 7.

13. RESPONSIBILITY

13.1 Scope of liability

Travelise is responsible to the client for the proper execution of the contract, in particular for the careful selection and monitoring of service providers. Travelise will do its utmost to comply with the preferences indicated by the client at the time of booking. However, as these are not essential elements of the contract, Travelise cannot guarantee their satisfaction and/or execution.

13.2 Limitation and exclusion of liability

Subject to intentional or gross negligence on the part of Travelise, we shall not be liable to the fullest extent permitted by law, in particular for accidents, loss, damage or other incidents. In particular, liability for all damages other than personal injury is limited to a maximum of two times the travel price for each contract.

Under no circumstances will Travelise bear the cost of lost, damaged or destroyed luggage, or theft of luggage or valuables during your stay. We recommend that you take out luggage insurance to cover these risks. The amount of the insurance policy as well as the administration costs are always at the expense of the insured. We ask you to label your luggage with your home address.

You are solely responsible for checking the suitability of your trip and destination and for taking into account the risks involved, whether objective (e.g. geopolitical security, weather, fires, earthquakes, etc.) or subjective (e.g. state of health in view of the conditions at the destination, vaccinations, etc.). In particular, you can refer to the information for travellers published by the Federal Department of Foreign Affairs (FDFA), including the risks by country. There are dedicated web pages and information can be obtained from this authority (www.dfae.admin.ch/voyages). Travelise does not give any advice on this matter and accepts no liability in this respect. If Travelise makes any statements on this subject, you are responsible for checking with the authorities.

We also accept no responsibility for the effects that force majeure events (strike, war, epidemic, social unrest, terrorism, official decisions etc.) may have on the programme, including if such events are known but are beyond the control of Travelise with reasonable efforts. In such circumstances Travelise shall not be under any obligation to perform any contractual obligation and any additional costs or expenses that the event may cause are your sole responsibility.

Travelise accepts no responsibility for services provided by third parties. These are subject to the contractual terms and conditions of the service provider. The third party service provider is also responsible for providing the agreed service. Under no circumstances can Travelise be held liable for any breach of contract or compensation.

The client is solely responsible for personal injury and/or material damage caused by him/her and by other participants in connection with the service. The client undertakes to ensure that the participants respect the rules of good manners and to remind them of these rules. In particular, the client and the participants are obliged to comply with the rules of safety and caution as well as the instructions of Travelise and the service providers during the entire service. In particular, the client and participants are obliged to comply with the instructions given by Travelise (by email, verbally, via the mobile application, etc.).

The customer will be solely responsible for the payment of any damages, contravention or other penaltý related to the failure to comply with the rules of propriety. Travelise excludes all liabilitý for any damage or theft.

Travelise is not responsible for providing a bank guarantee at the accommodation. The host may request, upon arrival, from each guest a credit card as a guarantee of payment. The accommodation may charge or pré-block an amount on the participant's credit card to guarantee possible extras. Each establishment has its own independent policy.

The customer is responsible for adhering to the timetables imposed by the service providers and the rules concerning luggage. If the customer does not show up for the departure or shows up too late (no-show), the price of the trip will not be refunded. The obligation to carry is extinguished. If the customer misses the return transport, he/she must book another return transport at his/her own expense. This also applies in the event of changes to the transport schedule. The same applies to the other services included in the holiday. Furthermore, if the customer uses his/her own vehicle as a means of transport, Travelise accepts no liability for any problems with the vehicle, in particular but not exclusively for technical problems (breakdown, battery, lack of fuel, etc.). Changes to the programme and/or delays caused by these complications may result in additional costs which will be borne exclusively by the client. 

With regard to the health of the participants, Travelise accepts no responsibility for the possible side effects of medication for motion sickness (e.g. Trawell) or any other medication taken by the client or the participants during the trip, whether or not these are provided by Travelise.

Although we are the organiser of the trip, we only act as an intermediary between the participants on the one hand and the means of transport, accommodation and other service providers on the other.

14. DATA PROTECTION

This data protection statement refers to the use of personal data collected in the course of providing services, in particular on our website or in connection with our website.

The personal data processed include surname, first name, home address, e-mail address, telephone number, date of birth, identity document information, travel preferences, fears, allergies, dietary restrictions and languages spoken.

Travelise will only process this information for the purpose of providing the service.

Travelise attaches great importance to the protection of privacy, and in particular to data protection. Travelise therefore endeavours to treat all data collected with the utmost care and complies with the provisions of Swiss data protection legislation when processing personal data.

In addition, Travelise undertakes to take all necessary measures to maintain the confidentiality and security of the data it processes in the course of providing the service.

You can find more information about data protection in our privacy policy.

15. COMPLAINTS

15.1 Obligation to complain immediately

If you have any complaints during the trip, you must inform us immediately by telephone or email at surprise@travelise.ch. Travelise will endeavour to find appropriate solutions. If no suitable solution can be found on the spot, the customer must obtain written confirmation from the service provider (facts, list of defects, etc.). However, the service provider is not authorised to recognise the claims made by the customer.

15.2 Claims for compensation by the customer

You must send your complaint in writing to Travelise Sàrl, Place du Midi 50, 1950 Sion, Switzerland, together with the confirmation indicated under point 15.1 within 10 days of the end of the trip. If no complaint is made within the prescribed time limit, the customer will not be entitled to any compensation.

16. APPLICABLE LAW AND JURISDICTION

16.1 Applicable law

The contractual relationship between the customer and Travelise is governed exclusively by Swiss law. Subject to mandatory legal provisions, the place of jurisdiction is the headquarters of Travelise.

16.2 Invalidity of a provision

If one or more of the provisions of these general terms and conditions are or become invalid, this shall not affect the validity of the other provisions.

16.3 General conditions

Travelise may amend these terms and conditions unilaterally at any time. Travelise publishes electronically the current version of its terms and conditions, which shall be binding and shall replace the previous terms and conditions, unless otherwise agreed in writing within 5 days of the change.

16.4 Specific conditions

In exceptional cases, specific conditions may be drawn up to supplement or replace certain clauses in these general conditions.