General Terms and Conditions
of Life Quality GmbH
1. Scope of application
The following Conditions apply to all travel services brokered, organized and carried out by Life Quality GmbH and, together with the individually concluded travel, brokerage or event contract, govern all resulting legal relationships between you and Life Quality GmbH. For travel services where Life Quality GmbH acts as an agent (without organisation or implementation), only the contractual agreements and the terms and conditions of the chosen organiser apply. Life Quality ensures the careful selection and mediation of the same – the contract only exists between you and the chosen organiser. The place of performance of our services is at our registered office in Zurich, Switzerland.
2. Completion of the contract
2.1 The contract between you and Life Quality GmbH or the selected organizers comes into being through the following booking steps: a) Your request/registration (Offer) via our websites or email address b) We check for you and clarify with you the desired travel services and their terms (contents, prices, etc.), normally via emails between us c) You receive the travel contract from us by email including the relevant terms and conditions of e.g. the charter company and return both dated and signed by you d) We send you the written confirmation by e-mail (acceptance of the travel contract). Depending on your choice (of package) in the online booking process, only steps a) and d) may take place. Please check this confirmation upon receipt and let us know immediately should you have any objections. After the conclusion of the contract, the cancellation conditions of Life Quality (with services organised by us: Article 5) or the selected organizer apply.
2.2 With your request/registration (Offer), you confirm that you have taken note of these terms and conditions and that you are in agreement with them.
2.3 Special requests become a contractual object only if they have been expressly accepted by Life Quality GmbH or the selected organiser and confirmed in writing.
2.4 In the event that you request travel services for several people and register with us, the contracts concerned between each of these persons and Life Quality GmbH come into being together with our travel confirmation to you. You are personally as well as jointly and severally liable to us for the fulfilment of the contractual obligations by these persons you have registered.
3. Travel insurance
We recommend that you take out travel insurance (for cancellation fees, interruption of your trip, theft and baggage damage, accident, illness and hospitalization). In doing so, check the cover, in particular for the cost of cancellation of the journey or an early return journey within the scope of the insurance policy. For costs arising out of the contract with Life Quality GmbH (such as cancellation, rebooking, return journey, etc.) you remain liable in principle and can if necessary resort to your insurance.
4. Prices and terms of payment
4.1 On our websites you can see the travel prices in EUR and, using the link there, can easily make the conversion to CHF. https://www.oanda.com/currency/converter/
4.2 The travel price is calculated based on the current information on the websites of Life Quality GmbH and our contract. Life Quality GmbH expressly reserves the right to increase the prices listed on the Internet or agreed contractually, in the event that a) the transport costs including fuel costs subsequently increase; b) State taxes and fees, such as landing fees, airport taxes, embarkation and disembarkation fees, taxes, etc. are increased or newly introduced; c) the exchange rates applicable to the relevant journey change. Life Quality GmbH is entitled to make reasonably justified price increases until no later than three weeks before the departure date. If the price increase is more than 10%, you have the right to withdraw from the contract.
4.3 The travel price is payable as follows:
a) Deposit of 50% of the travel price by you within 5 working days of the conclusion of the contract (travel confirmation)
b) The final payment (further 50%) must be made no later than 30 days before the departure date. For shorter-term booking, the entire travel price is due for payment immediately upon completion of the booking.
c) In the online booking process, another mode (eg direct payment upon choosing your cabin with credit card) can be used, which our websites guide you through. Your payments are made on time if they have been credited to the bank account of Life Quality GmbH before the end of the payment period.
Failure to pay will not release you from the contract and will not be considered a cancellation. In the case of late payment, we reserve the right to withdraw from the contract without compensation. In this case, you lose your advance payment and owe us the non-reversible costs (incurred) for your booking.
5.1 The cancellation of a trip that has already been booked must, upon presentation of the reason, immediately be communicated by phone and by email (email@example.com) to Life Quality GmbH. At the same time, travel documents already received must be refunded.
5.2 In the event of cancellation, processing fees per person of CHF 100 per person or max. CHF 200 per order will apply. For cancellation of a travel service arranged by us, the terms and conditions of the organiser apply. For travel services organised or carried out by Life Quality GmbH in addition to the processing fees the following cancellation fees will be charged: – Cancellation 45 to 30 days before departure date: 20% of the travel price – Cancellation 29 to 20 days before departure date: 50% of the travel price – Cancellation 19 to 10 days before departure date: 75% of the travel price – Cancellation 9 days before departure date to the day of departure: 100% of the travel price. If your booking of our travel services includes a whole boat for you, the following conditions apply: – Cancellation until 35th day before departure date: 50% of the price – Cancellation from 34th day before departure to the departure day: 100% of the travel price. In all cases, the date of receipt of your cancellation letter by Life Quality GmbH is decisive for the deadline calculation.
5.3 If you are not present or are not on time for your departure or you do not have the necessary travel documents (including vaccination certificates, visas, etc.) and therefore can not participate in the trip, the entire travel price is due in any case.
5.4 If you cancel a trip, you can nominate a substitute who agrees to the terms and conditions of your contract no later than 7 days before the departure date. The entry of a substitute into your contract is excluded if
a) their nomination is too late;
b) the nominee does not fulfil the special requirements necessary for the journey in question or cannot take part in the journey due to official orders or statutory provisions;
c) paid tickets have already been issued, or cannot be substituted. Life Quality GmbH will inform you within a reasonable period of time whether the substitute person named by you can take part in the journey.
If Life Quality GmbH accepts the replacement person named by you and enters this into your contract, that person is jointly and severally liable with you for the payment of the travel price and the additional costs resulting from the transfer.
6. Contract amendment
6.1 Life Quality GmbH as organiser expressly reserves the right to change the travel program or individually agreed services before the departure date. Life Quality GmbH shall notify you of any changes to the contract as soon as possible and inform you about their effect on the price. If such a program change results in a considerable change to a material clause of the contract, you can either accept the contract
amendment or withdraw from the contract. The withdrawal must be communicated by phone and by email (firstname.lastname@example.org) to Life Quality GmbH within five days after receipt of the notification regarding the contract amendment, otherwise the contract amendment is considered approved. If you withdraw from the contract, you are entitled to:
a) participation in another travel package offered by Life Quality GmbH of equal or higher value;
b) participation in another travel package offered by Life Quality GmbH of inferior value, as well as to a refund of the difference in price;
c) the earliest possible reimbursement of all amounts already paid by you.
6.2 If you make changes to the program after the conclusion of the contract or if you wish to rebook the trip, we will try to do so for you without acknowledging any legal obligation and may have to charge you for these rebooking costs.
6.3 You can, for example, book the flight or other individual services from the package yourself. In the case of program changes made by Life Quality GmbH, however, you are responsible for the rebooking of your flight or individual services.
Life Quality GmbH cannot accept responsibility for rebooking fees. There is no entitlement to damages.
7. Cancellation of the trip or parts thereof
7.1 In addition to cancellation of the journey or non-appearance by you (Article 5) and program changes (Article 6), it may be that Life Quality GmbH or the mediated organizer must cancel a trip in whole or in part for any reason beyond your control, namely in the following cases:
– If a minimum number of participants listed on our websites, in the travel contract or the travel confirmation is not reached for your trip, Life Quality GmbH or the organiser can cancel the trip at the latest three weeks before the departure date.
– If, as a result of force majeure (e.g. natural disasters, epidemics, riots, official minimum number of participants, strikes, etc.), the journey is made considerably more difficult, endangered or impossible, Life Quality GmbH or the organiser can cancel the trip at any time.
– In particular, in sailing trips in certain weather conditions (such as high wind speeds, water level, etc.) can not take place at all or not take place according to the agreed schedule
– this does not constitute a travel defect subject to replacement, and the terms and conditions of the organiser or of Life Quality GmbH apply (see Art. 10.3 below).
7.2 In the event of cancellation of the agreed trip by Life Quality GmbH due to such situations, you are entitled to reimbursement of the travel price already paid after deducting in advance the expenses of Life Quality GmbH itself as well as the non- refundable costs which we have paid to third parties (such as your tour operator or our service providers) on your behalf. A claim for damages is excluded in all cases.
8. Interruption and premature termination of the journey
If you have to interrupt the travel when it is underway or if you cancel the trip prematurely, there is no entitlement to a refund of the travel price. Any resulting additional costs such as, for example, transfers, hotels, return travel costs are at your expense, as far as they are not covered by the return travel insurance. The provisions of article 3 above apply. A claim for damages is excluded.
9. Complaint of travel defects
The following provisions (clauses 9 and 10 of these GTCs) apply only in the event that we organise or carry out a travel service for you (as the organiser). For travel services brokered by us, Life Quality GmbH assumes no liability; for travel defects, only the travel contract and the terms and conditions of the respective organiser apply.
9.1 Complaints must be made in the appropriate form on the same day, if possible in writing and in any case verifiably, to the organiser or the tour guide. The tour guide will endeavour to remedy this within a reasonable time. If you wish to assert defects, reimbursements or claims for damages against Life Quality GmbH after the end of the journey, you must notify Life Quality GmbH in writing by registered mail within one month after the end of the contract. Non-observance of the above procedures and deadlines will result in the forfeiture of any claims for relief, reduction of the travel price and damages.
9.2 Otherwise, the legal and contractual rules regarding air travel and baggage apply. We are not your contractual partner in this matter but informally notify you: damage to baggage or its delayed delivery must be reported immediately on the spot to the responsible airline by means of a damage report (PIR). Airlines usually refuse any claims for damages if a PIR is not file or is filed late. If baggage damage is not reported within 7 days after receipt, or damage due to delayed delivery of baggage is not reported within 21 days after the baggage has been made available, you will lose all rights.
10. Liability for travel defects
10.1 Life Quality GmbH ensures the faultless, contractually compliant mediation or organisation and execution of the trip. If contractually agreed services are not provided or are poorly provided by us or our service providers, you have the right to claim compensation for the corresponding inferior value and to reimbursement of any additional expenses or damage suffered, if and insofar as it was not possible for the tour operator to remedy these on the spot.
10.2 If international agreements and national laws provide for compensation limitations in the case of damage resulting from non-performance or improper performance of the contract, Life Quality GmbH shall in any event only be liable within the framework of the applicable agreements and laws.
10.3 Any liability of Life Quality GmbH is excluded if the non-performance or improper performance of the contract is due to:
a) negligence on your part or on the part of persons or animals for which you are responsible (minor children, pets, etc.);
b) unforeseeable or unavoidable negligence of third parties who are not involved in the provision of the contractually agreed services;
c) force majeure or an event which Life Quality GmbH, the service provider or your organiser could not foresee or avert despite all due diligence (see, for example, Article 7.1; this includes in particular engine failures which despite careful maintenance cannot be excluded in sailing trips).
10.4 For personal injury arising from the non-performance or improper performance of the contract, Life Quality GmbH is liable within the framework of these GTCs, the contract and the relevant international agreements and national laws. For other damages such as damage to property and pecuniary loss arising from the non- performance or improper performance of the contract, the liability of Life Quality GmbH is limited to a maximum of twice the amount of the tour price, except for damage inflicted intentionally or through gross negligence. In any case, any lower limits of liability provided for in the relevant international agreements and national laws remain.
10.5 Life Quality GmbH under no circumstances assumes liability for local events or excursions with third-party organisers booked outside the agreed travel programme during the trip.
11. Entry, visa and health regulations
11.1 The information on passport, entry, health and foreign exchange regulations contained on our websites applies to Swiss citizens and citizens of Liechtenstein. Citizens of other states have to announce their nationality when registering, so that they can inform Life Quality GmbH on the corresponding regulations that apply to them.
11.2 You are responsible for obtaining and extending travel documents and visas, and for complying with entry, health and foreign exchange regulations. You can find further information about this as well as about security at the destination at www.eda.admin.ch/ Search: travel advice. Please inform yourself about the relevant issues and guidelines for your trip.
12. Data Protection
12.1 We require data (such as first and last name, date of birth, address, telephone number, etc.) from you and the fellow travelers for the correct execution of the contract. We are subject to Swiss data protection law and are obliged to keep your data safe. As far as necessary for the execution of the contract, we pass on your data to the service providers. These may be located abroad, where data protection may not comply with Swiss standards.
12.2 Especially in our sailing trips with several yachts, with yoga, meditation, etc., we would like to allow photography and filming on board (not in your cabin) for the participants and for the purposes of our own advertising. By registering/placing an order with us you agree to the above conditions.
13. Conflict Resolution
Modifications or additions to the present GTCs are only binding in written form.
Before a legal dispute, we recommend that you contact the independent ombudsman of the Swiss travel industry. The ombudsman endeavours to find a fair and balanced agreement for any type of problem between you and Life Quality GmbH: Ombudsman of the Swiss travel industry, Etzelstrasse 42, PO Box, 8038 Zurich, Tel. 044 485 45 35, www.ombudsman-touristik.ch.
Insofar as no ombudsman mediation took place or it remained unsuccessful, you and Life Quality GmbH hereby undertake to participate in a first mediation meeting at the request of one party and refrain from proceeding with legal action beforehand.
Incidentally, the legal relationship existing between you and Life Quality GmbH is governed by Swiss law. The ordinary courts in Zurich are exclusively responsible for any disputes arising from this legal relationship. Other non- amendable legal provisions or international agreements are reserved.
Zürich, 8th March 2018
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Adria Experience brand and concept is owned by Life Quality Ltd - a private limited company registered in Zürich, Switzerland.