Terms and conditions

General Terms and Conditions of Contract and Travel

1. WHAT THE GTCT GOVERN

These General Terms and Conditions of Contract and Travel (hereinafter referred to as “GTCT”) govern the legal relationship between you and The Smiling Zebra Sàrl (hereinafter referred to as “TSZ”) with respect to trips organized by us or when we present ourselves as the organizer of the latter.
The GTCT do not apply to individual trips or services of other tour operators or service providers or airlines. In such cases, you conclude the contract with these companies and their own terms and conditions of contract apply. In these cases, TSZ is not your contracting party and is not responsible for the execution of these contracts.
The TSZ GTCT can be viewed in English and French. In case of contradiction between the two versions, the French version prevails.

2. INSCRIPTION & CONTRAT

2.1 Purpose and conclusion of the contract
TSZ undertakes to organize the trip according to the information and descriptions contained in its offers and other publications, to the exclusion of any other document. The information provided may be changed by agreement between the parties or by communication to the customer before the conclusion of the contract.
The contract between the customer and TSZ is concluded upon confirmation by TSZ of the customer’s written, telephone or electronic reservation.
If the person booking books other participants, he/she is also responsible for their obligations. The contractual agreements and these GTCT are valid for all participants in the trip (including travelers according to Section 5.5).

2.2 Communication of names
You are obliged to communicate at the time of booking your name and the name of the persons accompanying you as they appear on the identity paperś (passport, etc.) used for the journey. Otherwise, the airline or service provider is entitled to charge you for the name change.

3. SERVICES

3.1 Our services
The services are determined by the information provided by us in writing (e.g., by e-mail, travel confirmation, invoice) and in accordance with the descriptions provided by TSZ (e.g., on the internet or in travel brochures).
If TSZ provides you with documents that have not been edited by us, e.g., hotel brochures, etc., this information is not binding on us. The same applies to information that you obtain directly from service providers or that you take from the Internet, forums, etc.

3.2 Start of the services
Unless otherwise stated, TSZ services start at the confirmed departure point. It is your responsibility to be on time for departure.

3.3 Name of the operating air carrier
We are required to inform you of the names of the actual air carriers as soon as their identity is established. We reserve the right to replace a named airline with another air carrier. In this case, the name of the new airline will be communicated to you as soon as possible.

4. PRICE, PAYMENT TERMS AND TRAVEL DOCUMENTS

4.1. Price
Unless otherwise indicated, the prices of the services offered by TSZ are in Swiss francs, per person, including accommodation (if applicable) in double room. Our offers are valid for a maximum of 14 days.
Additional costs resulting from the extension of the trip or the modification of the itinerary due to unforeseen circumstances are at the customer’s expense. In addition to the price of the trip, a booking fee may be charged.
The price of the travel arrangements indicated in our offers and other publications are calculated at the exchange rate and with the taxes in force on the day of their establishment.
Visa fees, insurance, optional excursions, departure or security taxes and personal expenses are not included in the prices shown, unless otherwise stated.
Children’s discounts, Easter, Christmas, or New Year’s supplements are not included in the standard prices of our trips. We will specify them, if applicable, in your offer. All prices are subject to change in case of obvious errors.

4.2. Payments by credit card
Our prices are payable in cash. If you pay by credit card, TSZ is entitled to charge an appropriate surcharge, the amount of which is left to TSZ’s discretion, to cover the costs of credit card organizations or others. TSZ will inform you of this surcharge.

4.3. Age-dependent pricing
In the case of age-dependent prices, e.g., children’s discounts, the age at the time of travel (date) is decisive for determining the price. In the event of incorrect information, we reserve the right to recalculate the price of the trip and to charge any difference, even after the trip has ended.

4.4. Payment
The payment of a deposit of 50% of the price of the trip will be required from the client at the time of the conclusion of the contract, which must be paid by the client, prior to the confirmation by TSZ. The amount of the deposit must, in any case, cover the total cost of the flights issued at the time of booking.
The balance must be paid to TSZ no later than 60 days before departure.
In the case of reservations made less than 60 days before departure, the full amount of the invoice is payable at the time the contract is concluded.
If these payment terms are not met, TSZ is entitled to cancel the trip and to charge the administration and cancellation fees according to Section 5.

5. TRIP MODIFICATION OR CANCELLATION

5.1. General information
If you change the reservation or cancel the trip, you must notify TSZ in writing. The withdrawal becomes binding as soon as it has been confirmed in writing by TSZ. The decisive date for the determination of the various charges arising is the date of notification of the customer’s request.

5.2. Application fees
A handling fee of CHF 100 per person, up to a maximum of CHF 200 per file, will be charged in the event of a change to the reservation, e.g., change of name, appointment of a replacement traveler, change of travel dates within the program period, change of booked ancillary services, change of travel destination or place of departure, etc., or in the event of cancellation of the trip. In addition to the cancellation fee, a handling fee will be charged in the event of a change or cancellation of the trip in accordance with section 5.3. These costs are not covered by cancellation insurance.
Changes and rebookings made within the cancellation period as per clause 5.3 are considered as a cancellation and rebooking. If the change or rebooking incurs only minimal costs, only these will be charged.

5.3. Cancellation fees
In the event of a change or cancellation, the following fees will be charged in addition to the booking fee (section 5.2):
– From the conclusion of the contract to 50 days before departure: 50% of the trip price
– 49 days to 0 days before departure: 100% of the trip price
The different cancellation fees are indicated in each case in the travel offer.
The date of cancellation or change is determined by the receipt of your communication by TSZ during normal business hours; if it falls on a Saturday, Sunday or public holiday, the next working day is the reference date. This rule also applies to communications by e-mail, via our website, by telephone answering machine or via other electronic media.

5.4. Special cancellation conditions
Some establishments apply specific cancellation conditions which will be communicated to you at the time of booking.
For any cancellation or modification of an airline ticket (date, flight, or passenger name), the airlines require sometimes very high fees that we are obliged to charge in addition to the above fees, regardless of the date of the modification or cancellation. Depending on the airline and the conditions of the chosen fare, the fees can be 100% upon issuance. Our fares are calculated on a “best buy” basis, which implies that the most interesting fares are also those with the greatest constraints (no refunds, no changes possible).

5.5. Replacement traveler
If you cancel the trip, you may designate a replacement traveler, provided that the replacement traveler meets the immigration requirements of the country or countries concerned and that the companies involved in the trip (hotels, airlines, etc.) also agree to this change. In such a case, only the actual costs will be charged (in addition to the handling fee as per point 5.2). You and the replacement traveler are jointly and severally liable for the payment of the travel price and the costs resulting from the change.

6. CHANGES TO PRICE, PROGRAM, AND TRANSPORTATION

6.1. Changes prior to the conclusion of the contract
TSZ expressly reserves the right to change the prices of its offers and other publications. The customer will be informed of any such changes prior to the conclusion of the contract.

6.2. Changes after the conclusion of the contract
Price increases may occur after:
a) Subsequent increases in transport costs (including fuel surcharges)
b) Introduction or increase of official taxes or fees (airport taxes, VAT, etc.)
c) Changes in exchange rates.
In these cases, they may be charged to you. The price of the trip will then be increased accordingly. The price increase can be applied at the latest 3 weeks before departure. If the price increase exceeds 10%, you can exercise your rights according to section 6.4.

6.3. Changes made between your reservation and the departure date
TSZ reserves the right to modify the travel program or its services in case of force majeure, such as when a service provider (airlines, etc.) is no longer able to provide its services. In such cases, TSZ will do its best to offer you a replacement of equivalent quality and will inform you as soon as possible. The possible additional costs are then at your charge.

6.4. What are your rights if the price of the trip is increased, or the program is changed?
If changes significantly alter the trip or if the price increase exceeds 10% you can:
a) Accept the contract amendment,
b) Cancel the contract in writing (mail or e-mail) within 5 days and the amounts paid will be refunded,
c) Let us know within 5 days that you wish to participate in one of the replacements trips.
If we do not hear from you within 5 days, we will assume that you accept the price increase or the modification of certain services.

7. CANCELLATION OF THE TRIP BY TSZ

7.1. Because of you
TSZ is entitled to cancel your trip if your actions or omissions justify such action. We reserve the right to charge cancellation fees in accordance with Section 5, as well as any other claims for damages.

7.2. Minimum number of participants
We can cancel your trip up to 3 weeks before departure if the number of people registered is lower than the minimum number indicated in your contract. Your rights are the same as those indicated in point 6.4. All other claims are excluded. In lieu of cancellation, TSZ can maintain the trip for a small fee due to the small number of participants.

7.3. Force majeure, strikes
If unforeseeable events of force majeure or strikes significantly hinder the trip or make it impossible, we will be forced to cancel the trip.

7.4. Cancellation of the trip for other reasons
We have the right to cancel the trip for other reasons.

8. CHANGE OF PROGRAM, SERVICES NOT PROOVIDED DURING THE TRIP

TSZ strives to organize the trip as agreed, but changes in services and program cannot be excluded. In these cases, TSZ will do its best to offer you an alternative of equivalent quality.
If the change in service or program affects a significant part of the agreed trip, TSZ will compensate for any material loss between the price paid for the agreed trip and the price of the services provided.

9. YOU MUST INTERRUPT THE TRIP, BENEFITS NOT RECEIVED

If you must interrupt the trip prematurely or if you do not receive certain services, the price of the travel arrangement or the services not received cannot be refunded.
In the event of an emergency (e.g., illness/accident of the person concerned, serious illness/death of a close relative), the local TSZ representative will assist you as far as possible in arranging your early return. Any resulting costs (transportation, etc.) are your responsibility. Please note that you can take out a repatriation insurance policy, which is not included in the price of the trip.

10. IF YOUR TRIP GIVES RISE TO ANY CLAIMS

If the trip does not correspond to what was agreed upon, you are obliged to immediately complain to our guide, our local agency, the hotel, or the service provider about the defect found and to ask for it to be remedied free of charge. They will do their utmost to remedy the situation within a reasonable period of time. If, against all expectations, you are unable to contact the local TSZ tour leader or representative or the service provider, or if they fail to provide you with any assistance, you should contact us directly. If no assistance is provided within an appropriate period or if it is insufficient, you should confirm in writing of the alleged deficiencies as well as the lack of assistance. They are obliged to record your complaint, but they are not entitled to recognize claims for damages. If no assistance is provided within an appropriate period of time, you are entitled to remedy the situation yourself. The costs incurred by you will be reimbursed within the scope of the agreed services and with proof, provided that you have lodged a complaint against the defect and demanded written confirmation. If you wish to claim defects or request a refund, you must send us your complaint in writing (by post or e-mail) within 30 days of your return. Your complaint must be accompanied by the confirmation of the guide, local agency, hotel, or service provider, as well as any supporting documents.

11. RESPONSIBILITY OF TSZ

11.1. General information
TSZ will compensate you in accordance with the following provisions for the value of the agreed services that were not provided or were provided incorrectly, for your additional expenses or for the damage suffered, etc., insofar as the travel companion or local representative of TSZ, the service provider or we were not able to provide a replacement service of equivalent quality on site.

11.2. Limitations of liability, exclusions of liability
11.2.1. If international agreements or national laws provide for restrictions or exclusions of reimbursement for damages resulting from the non-performance or imperfect performance of the contract, we shall only be liable within the framework of such agreements or laws.
11.2.2. TSZ shall have no liability to you where the non-performance or imperfect performance of the contract is attributable to:
a) Failure on your part,
b) Defects attributable to a third party not invloved in the provision of the services provided for in the contract,
c) An event of force majeure or an event that TSZ, the retailer or the service provider could not foresee or against which they could not do anything.
11.2.3. TSZ is liable for personal injury resulting from the non-performance or imperfect performance of the contract within the framework of these GTCT, international agreements or applicable national laws.
11.2.4. TSZ accepts no liability for lack of rest, wasted vacation, frustration damages, etc. TSZ assumes no responsibility for theft, loss, damage or misuse of valuables, photo and video equipment, cash, jewelry, credit cards, cell phones, etc.
11.2.5. In addition to the agreed travel program, it may be possible to sign up for local events or excursions during the trip. It cannot be ruled out that such events or excursions involve certain risks, in which case you alone are responsible for deciding to participate. These events and excursions are organized by third-party companies (third-party services). Therefore, TSZ is not your contracting party and therefore assumes no liability. These are third-party services even if you book them with one of our representatives on site or even if a TSZ guide participates.
11.2.6. For all other damages, the liability of TSZ is limited to a maximum of two times the travel price for other damages resulting from the non-performance or imperfect performance of the contract, unless the damage was caused intentionally or by gross negligence. The present GTCT and the applicable international agreements or national laws remain reserved.

12. INSURANCE

We recommend that you take out cancellation insurance, travel accident and repatriation insurance and check your insurance coverage for luggage and illness. For some destinations, the certificates for health insurance are required upon entry into the country.

13. SANITARY REQUIREMENTS, VISAS

You are personally responsible for preparing your travel documents and applying for the necessary visas. You are also personally responsible for observing entry, health, and currency requirements.
TSZ will not be held responsible if the stay has to be interrupted or cancelled due to lack of necessary documents or non-compliance with entry, health, and currency requirements. All inconveniences related to the non-compliance with these requirements are at the expense of the client.

14. OMBUDSMAN

Before submitting a dispute to a court, you should contact the independent ombudsman of the Swiss travel industry at the following address
Ombudsman of the Swiss Travel Industry, P.O. Box, 8038 Zurich
info@ombudsman-touristik.ch
www.ombudsman-touristik.ch

15. DATA PROTECTION

To be able to draw up the contract correctly, we need various data about you and your companions (such as first and last name, date of birth, address, telephone number, etc.). We are subject to the Federal Data Protection Act, which obliges us to protect your data. Your data is stored in Switzerland.
If necessary for the establishment of the contract, we will transmit your data to the service providers. These service providers may be located abroad, where data protection may not meet Swiss standards.
Based on legal or official regulations, we or our service providers may be required to pass on your personal data to (foreign) authorities. This applies in particular, but not exclusively, to air travel to the United States (Advance Passenger Information System (APIS), TSA Secure Flight Program) or to vacation apartment rental companies and hoteliers.
We reserve the right to pass on your data to the authorities and third parties if this is necessary to protect our legitimate interests. This also applies in the event of a suspected crime.

16. APPLICABLE LAW AND PLACE OF JUSRIDICTION

All legal relationships between you and TSZ are subject to Swiss law. The exclusive place of jurisdiction is Villars-sur-Ollon (Switzerland). The nullity of some of the contract does not render the entire contract null and void.