B. Koch Freizeit GmbH, Company’s Address, Written Notices
C. Swiss Federal Act on Package Travel
D. Acceptance of these terms and conditions
E. Third Party Contracts
F. Conclusion of a Contract
H. Minimum Number of Persons
I. Acceptance of Risk
J. Medical Condition, Medical Information Form
K. Authority on Tour
L. Non-completion of required Forms
M. Prices, Deposit, Currency, Surcharges, Price Revisions
N. Booking Confirmation, Final Payment
O. Cancellation by the Company
P. Cancellation by the Customer
Q. Information before the start of the journey
R. Travel Documents (e.g. Passport and Visa Requirements, Health Formalities, etc.)
T. Flexibility, Local Conditions
W. Security for refund and repatriation of Customer
X. Applicable Law and Mandatory Jurisdiction
Y. Additional terms
These are the terms and conditions which will apply to your booking. Please read them carefully as you will be bound by them.
These terms and conditions govern the relationship between you (hereafter referred to as “costumer” or “you”) and Koch Remote Adventure Travel GmbH. By booking a trip or any other service, you agree to be bound by these terms and conditions that outline, among other things, the cancellation policy and certain limitations of liability. These terms and conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
Koch Freizeit GmbH (hereafter referred to as “the Company”) is a Limited Liability Company under Swiss Law. Its registered office and seat of administration are in Basel, Switzerland. The Company sells adventure tours (e.g. motorbike tours, etc.) operated by third parties (referred to as “the Local Operator”) to non-commercial clients.
The Company’s address is at Dornacherstrasse 248, 4053 Basel, Switzerland (hereafter referred to as “the Company’s Address”).
All written notices must be mailed, postage prepaid, to the Company’s Address.
Within the scope of the Swiss Federal Act of 18 June 1993 on Package Travel (“Pauschalreisegesetz”, hereafter referred to as “PRG”) and in the event of inconsistence between the provisions of the PRG and these Terms and Conditions and/or the individual terms of contract, the PRG has preference.
Under the PRG the Company may qualify as Organizer or, as the case may be, as Broker and the Costumer may qualify as Consumer.
All persons wishing to make a booking including any carriage by sea, air or land have carefully read and understand these Terms and Conditions.
By making a booking on the website, by email or facsimile, by writing or by telephone you accept on behalf of yourself and all those named on the booking (including minors and persons under a disability) to be bound by these Terms and Conditions.
The terms and conditions apply to all services sold or rendered by the Company to the Customer.
These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, Package Description, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
Individual terms of service as described in the Companies booking confirmation, brochures, website or correspondence with the Customer have preference over the Terms and Conditions in case of inconsistence.
In the case of the Company acting as agent or broker of services, including, air, sea or land carriages, accommodation facilities, food, safaris, car rentals, boat rentals, rental of other equipment, to be rendered or provided by Local Operators or other third parties or subcontractors, the formation, form and content of the contract between the Customer with said third party may be governed by their respective terms and condition. The customer undertakes to fully comply with said third party terms and conditions at any time and any event.
A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Customer comes into existence. Notwithstanding the parties are bound by these Terms and Conditions according to Section D.
The scope of services to be provided by the Company is defined in the Package Description found in the brochure, the website, in catalogues, advertisements and/or the booking confirmation. The Package Description will also include if relevant to the particular package the following information: the dates, times and points of departure and return; special requirements which the Customer has communicated when making the booking, and which both have accepted; whether a minimum number of persons is required for the package to take place and, if so, the deadline for informing the consumer in the event of cancellation; the travel destination(s) and, where periods of stay are involved, the relevant periods, with dates ; the itinerary ; the means, characteristics and categories of transport to be used; number of meals which are included in the total price agreed for the package ; where the package includes accommodation, its location, its tourist category or degree of comfort, its main features, as well as its homologation and categorization in compliance with the rules of the host state concerned ; visits, excursions or other services which are included in the total price agreed for the package . The Package Description also lists the equipment to be provided to the Customer by the Local Operator.
The Company reserves the right to change any services at any time and for any reason. If a significant element of the tour cannot be provided, the Company and/or the Local Organizer will make arrangements for a suitable alternative and continuation of the tour.
The services do not include transportation (e.g. international air fare, etc.) to the point of the departure of the tour and from the point of return.
In the event that the package description indicates that a minimum number of persons is required for the package to take place, the deadline for informing the Consumer in the event of cancellation shall be 21 days before the agreed date of departure, if no other deadline is indicated in the brochure or the package description.
The Customer acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Customer assumes all such risks and releases the Company from all liability resulting from these inherent risks.
The Customer may be asked to sign a participation form with the following wording before commencement of the tour:
“I understand traveling with Koch Freizeit GmbH, Switzerland, may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the Koch Freizeit dossier for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to Koch Remote Adventure Travel representatives. I accept these risks and obligations and I fully assume the risks of travel. I fully and forever release and discharge Koch Freizeit GmbH, Switzerland, and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons.
Also, I understand during my trip there may be opportunities to undertake optional activities, which do not form part of the itinerary. I understand Koch Freizeit makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand Koch Freizeit is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releasees set out in the foregoing paragraph shall apply to such optional activities.”
The Customer acknowledges the nature of the tour which may include travel on foot (trekking) and by self-driven motorbike in secluded and remote parts of the world requires a good general health condition (physical and mental) as well as appropriate fitness and proficiency for such activities. Therefore, some tours may be unsuitable for Customers due to age, mobility, pregnancy or physical or mental conditions.
All Customers are obligated to review and acknowledge the Medical Information Form, as it relates to their trip. Customers are asked to review the form, and be familiar with it.
The Company must be notified in writing at the time of booking of any medical conditions, pregnancy, physically challenged conditions or any other mental and or physical condition which may affect fitness to travel and or any medical condition.
The Company reserves the right to require all Customers to return a signed Medical Information Form. The Customer must complete the Medical Information Form honestly, accurately and disclose all medical history and information as regards pre-existing medical conditions. The signed Medical Information Form must be returned to the Company with final payment.
The Company reserves the right to challenge any information submitted, ask for further information or clarity on certain points. In the event there is a dispute between the Company and the Customer in regard to the Customers’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Clients expense. The Company reserves the right to deny any Customer on reasonable medical grounds.
Failure to notify the Company may result in the client being refused travel and will result in 100% cancellation fees to the Customer.
At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with the Company, the Customer agrees to abide by the authority of the tour leader or Company representative. The Customer must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Customer is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Customer must advise the Company at the time of booking. Should the Customer fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Customer behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Customer’s travel arrangements without any liability on the Company’s part and the Customer will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
In the event the Customer has made a booking with the Company and subsequently is unable to complete and submit the Participation Form and the Medical Form, as required in the brochure, catalogue or booking confirmation, for any reason by the final payment dates the Company reserves the right to treat the booking as been cancelled, and applicable cancellation penalties apply.
All prices are defined in the booking confirmation.
The Package Description will also include if relevant to the particular package the following information: price for the package, payment schedule and method of payment ; an indication of any dues, taxes or fees chargeable for certain services (landing, embarkation or disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package.
The Company reserves the right to require non-refundable deposits to be made at the time of booking.
The Company sells in Swiss Francs (CHF) and in Great British Pound (GBP), Euro (EUR) and United States Dollar (USD). The currency applied to the Customers booking is determined by the Company in the booking confirmation.
The Company reserve the right to impose surcharges (price revisions) up to 21 days before departure due to increases of transportation costs, including the cost of fuel ; increases in dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports ; or unfavorable changes in exchange rates applied to the particular package . If the total of surcharges is 2% or less, the Company will absorb it. If the total is more than 2% the increase will be fully charged. If the total is more than 10% the Customer may cancel the booking within 14 days of notification of the surcharge without cancellation penalties. Insurance premiums and flights are excluded from refund. No price increases will be made to a booking 20 days or less before departure.
The prices do e.g. not include insurance premiums, transportation (e.g. international air fare, etc.) to the point of the departure of the tour and from the point of return.
Acceptance of the Customer’s booking must be confirmed in writing by the Company. The details regarding final payment are defined in the confirmation invoice and/or confirmation email. Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed.
The Company reserves the right to cancel any tour for any reason.
In the event of a cancellation for causes other than the fault of the Customer, the Customer shall be entitled to make claims as provided by the PRG.
The Customer is not entitled to compensation for non-performance of the contract, if the cancellation is for reasons of force majeure or if the cancellation is on the grounds that the number of persons enrolled for the package is less than the minimum number required and the Customer is informed of the cancellation, in writing, within the deadline.
Where the Customer is prevented from proceeding with the package or in any other event of cancellation by the customer applicable cancellation penalties apply. Any cancellation by a Customer must be made by written notice and acknowledged by the Company.
The date on which the request to cancel is received by the Company will determine the cancellation charge applicable.
The cancellation fees are detailed as follows:
More than 30 days before departure Forfeit of deposit
30 to 15 days before departure Forfeit of 50% of total cost
Less than 14 days before departure Forfeit of 100% of total cost
In addition to the cancellation fees full insurance premium for any insurance arranged through the Company is non-refundable.
Any transfer of booking from the Customer to a person who satisfies all the conditions applicable to the package requires that the Customer is (a) prevented from proceeding, (b) has first given notice of his intention within 30 days before departure, (c) provides all necessary documents and forms to the Company allowing to asses whether the transferee satisfies all conditions. The transferor of the package and the transferee are jointly and severally liable to the Company for payment of the balance due and for any additional costs arising from such transfer.
The Customer is strongly advised to purchase cancellation insurance when making the booking.
The Company will supply you in writing or by email about (a) the times and places of intermediate stops and transport connections; (b) details of the place to be occupied by the traveller; (c) the name, address and telephone number of the Company’s local representative or, failing that, an emergency telephone number; (d) in the case of journeys or stays abroad by minors, information enabling direct contact to be established with the child or the person responsible at the child’s place of stay; (e) information on optional contracts covering insurance or assistance.
General information on passport and visa requirements (including periods for obtaining them) is included in the brochure and can be found on the website of the Company. In the event that before booking the Consumer does not find such information for his nationality he undertakes to immediately ask the Company to provide such information.
Information on health formalities required for the journey and the stay is included in the brochure and can be found on the website of the Company.
The Customer is solely responsibility to be in possession of all valid travel documents (e.g. passport valid 6 months past return date, visa, permits, insurance policies, vaccination certificates, etc.) required along the itinerary of the tour.
The Company offers the purchase of minimum insurance coverage from a third party insurance. Name and address of the insurer are included in the brochure and, where appropriate, in the booking confirmation .
As an alternative, the Customer must obtain and be able to provide proof of adequate insurance purchase and coverage for whole time of the duration of the tour and a reasonable period of time after the return. The Customer must have a minimum medical coverage of CHF 300’000 and must cover sickness, personal injury, medical expenses, evacuation and repatriation expenses. The insurer must be informed about the nature of the tour. The coverage can be higher if requested by the Company.
The Company strongly recommends the Customer to extend insurance cover to include cancellation, curtailment, and any other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Customer.
The Customer appreciates and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
The Customer acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with the Company, the Customer acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
To allow any grievance to be rectified whilst on tour the Customer must communicate any failure in the performance of the contract which he perceives on the spot to the supplier of the service concerned and to the tour leader in writing or any other appropriate form at the earliest opportunity and, if satisfaction is not reached, in an appropriate form to the Local Operator.
In cases of complaint, the Local Operator and the Company and their respective representatives will make their best efforts to find appropriate solutions.
If satisfaction is still not reached, the Customer must put the complaint in writing to the Companys’ Adress within 30 days of the end of the tour.
The Company will not accept any liability for complaints received after this period and in the event of failure to indicate dissatisfaction whilst on tour.
In the matter of damages arising from the non-performance or improper performance of the services involved in the package, any compensation is waived insofar as Swiss law and/or the international conventions governing such services (e.g. Bern, Athens, Warsaw or Montreal Conventions, etc.) allow to waive and/or limit compensation.
The Company is in particular not liable for non-performance or improper performance if such failures which occur in the performance of the contract are attributable to the Customer, or if such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or if such failures are due to a case of force majeure or to an event which the Company and/or Local Operator or the supplier of services, even with all due care, could not foresee or forestall.
In any event the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the total of any compensation is limited to an amount twice the price of the package travel.
The Terms and Conditions and the Contract between the parties, as well as all matters arising from it, are and will be governed by, and construed in accordance with, the laws of Switzerland.
For all disputes arising between the parties, the place of jurisdiction for both parties’ shall be Basel, Switzerland, regardless of the parties’ residence or domicile. This forum is mandatory.
The Company reserves the right to update and amend these terms and conditions at anytime. The current version of the terms and conditions can be found on the website.
Basel, 30. August 2017