1. Scope
These general terms and conditions (“T&Cs”) are an integral part of the contract (“contract”) between yourself (the “customer”) and SLAM (SLAM GmbH, Schleifstrasse 44, 3954 Leukerbad, Switzerland, “SLAM”; customer and slam together: the “parties”) regarding the receipt of holiday services in connection with the program “Taiba Surf & Yoga” (“services”).
2. Conclusion of Contract
By booking the services, the customer submits a binding offer for the conclusion of a contract to SLAM. The booking takes place via:
1. Email;
2. contact form; or
3. online booking via the booking system of the website taibasurf.ch or www.taibasurf.com (“website”)
The contract is deemed concluded as soon as SLAM has confirmed the booking to the customer and has issued an invoice.
In case the customer books further services for additional persons, he or she is obligated to take responsibility for their contractual obligations.
3. Prices
For all services by SLAM, the prices and contract durations published on the website at the time of booking apply. The prices are in Swiss Francs (“CHF”), excluding the current legal value added tax.
In case of changes to the exchange rates after conclusion of the contract, SLAM has the right to increase the price for the services in the amount that the change resulted in an increase in price to the provision of services for SLAM.
4. Terms of Payment
4.1 Bookings via Email or Contact Form
For bookings that are not made via the booking system of the website but via email or contact form, SLAM charges a service fee of CHF 25.–
Upon receival of the booking, SLAM will send a booking confirmation and invoice for the booked service to the customer via email.
The customer is obligated to transfer the entire sum for the services for all registered persons (“total sum”) within 7 days of the invoice date to the bank account of SLAM listed below. If this deadline is not met, the contract will be deemed dissolved by both parties and no service obligations will occur for either party.
4.2 Online Bookings
In case of online bookings, the total sum is to be paid via credit card, PayPal or bank transfer at the time of booking. From this point forward, the customer has a right of cancellation for 7 days. The deadline for the cancellation will be deemed as met if the cancellation notice is sent to SLAM by electronic means no later than 11:59 PM on the seventh day after the booking has been made. In case of cancellation, both parties are obliged to refund the services already received. However, SLAM will charge a service fee of CH 25.- to the customer for expenses and expenditures occurred through a received booking.
The right of cancellation does not apply to online bookings that take place 14 days or fewer prior to departure. Cancellation regulations apply according to clause 8 (cancellation through the customer).
SLAM GmbH has the right to cancel online bookings placed by you within 24 hours of the time of booking. The services already received will be refunded to the customer in full.
4.3 Common Determination
For all bookings, it holds true that without complete and timely payment of the contractually determined amounts, there is no entitlement to fulfilment of the services.
4.4 Bank details of SLAM
IBAN: CH8600765001017524800
SWIFT: BCVSCH2LXXX
Name of the bank: Walliser Kantonalbank
Name of recipient: Slam GmbH
5. Services
For services to be performed by SLAM, the publications of the website as well as flyers and brochures produced by SLAM apply exclusively.
The services by SLAM start at the confirmed date of arrival and end on the corresponding confirmed date of departure.
SLAM will try to meet special requests. However, these will simply be noted on the booking confirmation and are generally non-binding and not part of the contract.
6. Changes of Services
SLAM reserves the right to declare changes to the description in the prospectus for objectively justifiable, considerable and unpredictable reasons. The customer will be informed.
SLAM has the right to make short-term changes in the services towards the negotiated content of the contract, if these become necessary after the conclusion of contract, were not foreseeable by SLAM, are not done contrary to good faith and and do not reduce the level of services provided overall, e.g. if cooperative partners at the location change the course of a tour or accommodation for organizational, technical or safety-related reasons.
Surfing and kitesurfing are strongly dependent on environmental influences. Should it not be possible to conduct the training due to external influences (no waves, waves that are too large, storms), then SLAM will try to provide an alternative offering. The decision about whether an alternative program can be conducted in given external conditions (e.g. storms) is based on the judgement of SLAM. Should conducting an alternative program not be possible, SLAM will refuse any claims for compensation or return of payments.
7. Deficiencies in Performance
The customer is obliged to notify the staff of SLAM immediately of perceived insufficient cleanliness or other deficiencies in performance. A solution will be sought together and any deficiencies will be remedied. SLAM refuses any claims regarding subsequent complaints in regards to cleanliness or other deficiencies in performance.
Claims on basis of non-contractual performance of services are to be made by the customer to SLAM via email or contact form within 30 days of the contractually determined departure date. Upon expiration of the deadline, the customer can only assert claims if he or she was unable to keep the deadline through no fault of his or her own.
8. Cancellations and booking changes by the customer
The following regulations regarding cancellations and booking changes apply to bookings via email and contact form as well as online bookings that occur 14 days or fewer prior to start of the services.
Should the customer wish to cancel or change a booking, the following fees will be invoiced:
Up to 60 days prior to commencement of services: 10% per registered person
59–31 days prior to commencement of services: 20% of the entire sum
30–15 days prior to commencement of services: 40% of the entire sum
14–8 days prior to commencement of services: 70% of the entire sum
7–3 days prior to commencement of services: 90% of the entire sum
From the 2nd day prior to commencement of services: 100% of the entire sum
For the calculation of the costs for cancellations and booking changes, the date on which SLAM receives the declaration of withdrawal of the customer is decisive. The declaration is to be made in a form acceptable for the booking (above, clause 8, Conclusion of Contract).
9. Cancellation by SLAM
SLAM reserves the right to cancel the services at any time and with immediate effect, if these are considerably hampered, imperilled or impaired due to unforeseeable events such as force majeure, politic unrest, strikes, official measures, unacceptable danger for the customer or for other compelling reasons. In this case, SLAM will refund the paid amount to the customer in full, but has the right to deduct verifiable rendered expenses. Further claims for compensation are ruled out.
10. Termination by the customer
Should the customer wish to terminate the contract due to non-performance of the contractual services by SLAM or for significant reasons that are recognizable to SLAM, he is obliged to set an adequate period of notice for remedy performance through SLAM.
11. Termination by SLAM
If there is urgent reason to suspect that the customer has committed criminal offences on location, he or she thereby disturbs the performance of services in a lasting way or acts in violation of the contract to such an extent that the immediate termination of the contract seems justifiable, then SLAM has the right to terminate the contract immediately and without warning. Claims for compensation by the customer are ruled out. SLAM retains the claim to the full amount.
12. Non-Take-Up of Entitlements
If the customer does not make use of individual services that are offered to him or her during the contractual duration of the performance of services, for reasons that can be attributed to him or her, then he or she has no claim towards a partial refund of the price.
13. Arrival and Departure
Arrival and departure are the responsibility of the customer and are not part of the services of SLAM.
In case of delays, postponements or cancellations of flights, SLAM assumes no liability and refuses any claims for compensations and refunds.
The customer is solely responsible for adhering to the passport, visa, currency, customs and health entry regulations in a transit and destination country. SLAM assumes no liability in case the customer cannot be transported due to the non-compliance with such regulations or in case the customer is refused entry or departure from the country. Any costs caused by this (e.g. payment of the costs for the return journey) are to be covered in full by the customer.
14. Liability of the customer
Should the customer damage houses, bungalows, inventory or garden facilities in connection with receipt of services, he or she has to cover the costs for repair or cleaning or for replacement of the affected items at the judgement of SLAM.
The material provided for the surf, kitesurf and yoga courses is to be treated carefully. In case of loss or damage through improper use, the customer is liable for the costs for repair or for the reinstatement value.
15. Rent of Material
Should the customer rent material of SLAM (“rented material”), he or she is liable for the occurring costs for repair or for the reinstatement value of the material in case of theft, damage or loss of the rented material (also through third persons). Whether an item is to be repaired or replaced is based on the judgement of SLAM.
In case of accidents, damage to persons or death of the customer or of third persons during the use of the rented material, SLAM does not assume liability. Insurance is responsibility of the participants.
16. Board
SLAM can offer special diets (e.g. vegan food), although only after prior arrangement.
The customer is obliged to notify SLAM of any food allergies prior to the arrival. The responsibility of avoiding certain foods lies with the customer. SLAM does not assume liability for any damages in connection with food allergies.
17. Exclusion of Liability for Risks of the Surfing and Kitesurfing Sports
Surfing and kitesurfing are connected with increased risk (accidents that can lead to injuries, disabilities or even death of the own person as well as third persons). Upon booking and thereby agreeing to these T&Cs, the customer confirms that he or she has no concerns from a medical or psychological point of view to perform the booked sport and that this matches his or her personal physical skills. It is imperative that the customer complies with the directions of the instructors. In case of behavior that is in disregard of the directions, SLAM is neither liable for personal nor material damage.
SLAM GmbH refuses any liability in connection with surfing or kitesurfing. The customer carries the sole responsibility and therefore any costs for accident, death or damage to himself or to third persons. The insurance for these is the responsibility of the customer.
18. Liability
18.1 General Exemption From Liability
Each contractual and tortious liability of SLAM for personal and material damage that is caused by the services is, as far as is legally permitted, excluded.
In particular, SLAM does not assume liability for mediated services of third party providers.
In particular, SLAM does not assume liability in cases where the non-performance of the contract is caused by the following reasons:
1. Neglect of the customer during or prior to the trip;
2. unpreventable or unforeseeable neglects of third parties; or
3. force majeure.
18.2 Limitation of Liability for Package Trips
In case of coming into effect of art. 16 of the Swiss Package Travel Act, the liability for material damages in the extent permitted by law is limited to double the price of the package trip.
SLAM assumes no liability if material damages can be attributed to the following causes:
1. Fault of the customer;
2. unpreventable or unforeseeable neglects of third parties; or
3. force majeure or events that were unpreventable or unforeseeable for SLAM despite exercising all due care.
19. Country Information of the EDA
The Swiss Federal Department of Foreign Affairs (Eidgenössisches Departement für auswärtige Angelegenheiten, “EDA”) publishes information about countries in which possible security policy or other increased risks exist. The customer should inform himself about the travel guidelines with the EDA under www.eda.admin.ch.
Medical advice is notably available under www.bag.admin.ch, www.safetravel.ch, www.osir.ch or www.who.org. Prior to commencing on the journey, the customer should inform himself about the travel and health guidelines and be fully aware of the appropriate risks.
20. Insurance
Insurance is the responsibility of the customer. SLAM advises to examine the insurance protection and, if necessary, to take out insurance against travel rescission costs, travel accidents and loss of baggage.
21. Data Protection
The transfer of data over the internet (e.g. communication via email) can show security holes. Complete protection of data against access through third parties is not possible.
The use of customer data by SLAM for advertising purposes (e.g. newsletter) is not excluded. The customer can object to this use at any time.
22. Limitation
Claims against SLAM, regardless for what reason, become time-barred within one year. The period of limitation starts on the day after the contractually-agreed departure date.
23. Abandonment or Transmission of the Legal Relationship
SLAM has the right to abandon claims and to transfer individual or all rights and obligations from the contractual relationship with the customer to third parties or to be performed by third parties.
24. Changes of the T&Cs
SLAM has the right to make changes to the T&Cs at any time and to publish the current version on the website.
Significant changes to the T&Cs will be communicated to the customer within a reasonable time period prior to their taking effect. Should the customer object before the changes take effect, SLAM is unilaterally entitled to terminate the contract.
25. Court of Jurisdiction
In the absence of contrary provision of law, the court of jurisdiction for the evaluation of possible disputes from the contract is Leukerbad, Switzerland.
26. Applicable Law
Exclusively Swiss law is applicable to the entire legal and contractual relationship between the parties.
27. Severability Clause
Should individual regulations of the T&Cs be totally or partly null, void or invalid, then this will not affect the applicability of the remaining regulations or part of regulations. The null, void or invalid regulations will be replaced by such that will be closed in meaning and purpose to the null, void or invalid regulations. The same applies to possible gaps in the regulation.
Status: May 24, 2017