General Terms and Conditions

Definitions and legal references

This Website (or this Application)
The property that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

The Owner (or We)
Tourismus Group GmbH – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service
The service provided by this Website as described in these Terms and on this Website.

Terms
Provisions apply to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

User (or You)
The natural person or legal entity that uses this Website.

This document is an agreement between You and Tourismus Group GmbH.

Venez Discover Switzerland is a brand of Tourismus Group GmbH based in Switzerland. It offers Private Day Trips, Group Day Trips, Multi-day Rail Journeys, and Transportation services in the following destinations but is not limited to; Basel, London, Amsterdam, Bern, Lucerne, Zurich, Geneva and Italy.

All the trips offered on the Website are operated by Venez Discover Switzerland and their guides and drivers. The travel products that you book are not sub-contracted to any third-party travel suppliers. Venez Discover Switzerland is the end supplier, ensuring authenticity and the highest level of service.

You acknowledge and agree that by accessing or using this Website or using any services owned or operated by this Website, you have agreed to be bound and abide by these terms of Service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.

These Terms govern

• the conditions of allowing the use of this Website and
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this Website.

This Website is provided by:

Tourismus Group GmbH
Strengenfeldweg 21
4222 Zwingen
Switzerland

Owner contact email: enquiry@tourismusgroup.com

Summary of what the User should know

• Age restriction on the usage of this Website and the Service: To access and use this Website and any of its Service, the User must be an adult under applicable law.
• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, specific requirements may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned in each applicable section. In the absence of any such mention, sections apply to all Users.
• Minors may access this Website and use its Service, only under adult or parental supervision.

Terms of use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Business/Commercial Users or Consumers;
• Users must be recognized as an adult by applicable law;
• Minors may only use this Website under adult or parental supervision;

Content on this Website

Unless otherwise specified, all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights regarding content on this Website – All rights reserved

The Owner reserves and holds all intellectual property rights for any such content.

Users may, therefore, not use any such content in any way that is not necessary or implicit in the proper use of the Website/Service.

In particular, but without limitation, Users may not broadcast, copy, save, download, print, share (beyond the limits set forth below), transform, modify, translate, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those applicable statutory laws.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within limits stated above, the Owner shall not be liable for:

• any loss of business opportunities and any other loss, even indirect that may be incurred by the User (such as but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications;

• any losses that are not the direct consequence of a breach of the Terms by the Owner;

Notwithstanding the above, the following limitation applies to all Users, not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be, or would be received by the Owner from the User-based on the contract over 12 months, or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk, and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or ServiceService advertised or offered by a third party through the Service or any hyperlinked website or ServiceService, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible, or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this Agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and costs, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s breach of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• the statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns or blackouts, etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of the Owner or its licensors.

Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.

The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Payments

Trekkpay processes all payments, a third party Trekksoft Payment System, we shall not be held accountable for any extra charges or future fees which may be processed on their behalf. Tourismus Group GmbH is not liable for any data collected on their behalf. The client has the sole responsibility to check and verify their terms & conditions and privacy policy. The following Credit-Card are accepted:

• Visa
• Mastercard
• American Express
• Diners
• Union Pay
• JCB
• PostFinance Card
• PostFinance E-Finance
• Paypal

Booking & Cancellation Policy

RATES AND PRICES

All rates and prices quoted are subject to availability. Prices are subject to change until full payment is received and voucher(s) are issued. Prices that are quoted include all taxes and fees unless we advise otherwise. New information.

Private Day Trips or Group Day Trips

• At the time of booking no deposit amount will be processed
• 7 days before the departure the remaining 100% is to be settled
• Cancellation & Refunds are based on the Cancellation Policy below
• If you wish to settle the total price differently please contact us at booking@venezdiscoverswitzerland.com

Packaged Multi-Day Trips

• At the time of booking no deposit will be processed, the 10% deposit will be due within 28 days after the booking.
• 180 days before the departure 30% of the total amount is to be settled
• 120 days before the departure 30% of the total amount is to be settled
• 60 days before the departure the remaining 30% of the total amount is to be settled
• Cancellation & Refunds are based on the Cancellation Policy below
• If you wish to settle the total price differently please contact us at booking@venezdiscoverswitzerland.com

YOUR VOUCHER AND DEPARTURE POINT

Private Day Trips or Group Day Trips

Please present your voucher 15-20 minutes before departure to the driver or guide at the departure point of your tour. The location of the departure point can be found in the description of the tour and is stated on your booking confirmation. We can not be held responsible for clients showing up late for their tours.

Packaged Multi-Day Trips

Your Trip Manager will always have your details, please present your Passport when identifying yourself at the hotel. The location of the departure point can be found in the description of the tour and is stated on your booking confirmation. We can not be held responsible for clients showing up late for their tours.

Transportation Services

Please present your voucher 15-20 minutes before departure to the driver at the departure point. The location of the departure point has to be advised at the time of booking. We can not be held responsible for clients showing up late for their transfer.

Availability

The travel products and services sold through this site are subject to availability and can be withdrawn without notice. Private Day Trip, Group Day Trip, or Packed Multi-Day Trip is confirmed when full payment is received.

Important

We request that you carefully check the dates on your voucher and to contact us immediately if these are not correct.

CANCELLATION POLICY

Private Day Trips or Group Day Trips

• Cancellation more than 7 days in advance is fully refundable
• Cancellation up to 48 hours prior to departure date: 50% of the total amount plus administration fees that might be imposed (Except if unforeseen circumstances arise)
• Cancellation up to and less than 24 hours prior to the departure date and time or no-show: 100% of the total amount (Except if unforeseen circumstances arise)

Packaged Multi-Day Trips

• Cancellation up to 30 days in advance is fully refundable
• Cancellation up to 14 days prior to departure date: 50% of the total amount plus administration fees that might be imposed (Except if unforeseen circumstances arise)
• Cancellation up to and less than 7 days prior to the departure date and time or no-show: 100% of the total amount (Except if unforeseen circumstances arise)

Transportation Services

• Cancellation more than 7 days in advance is fully refundable
• Cancellation up to 48 hours prior to departure date: 50% of the total amount plus administration fees that might be imposed (Except if unforeseen circumstances arise)
• Cancellation up to and less than 24 hours prior to the departure date and time or no-show: 100% of the total amount (Except if unforeseen circumstances arise)

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.

Failure to accept the revised Terms may entitle either party to terminate the Agreement.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions, thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed clauses are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner concerning the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties concerning such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.