RIDE & WINE TERMS AND CONDITIONS
We thank you for your interest in a Ride & Wine experience week.
1. What Is Regulated by These General Contractual Terms and Traveling Conditions
1.1 These general contractual terms and traveling conditions regulate the legal relations between you and Ride & Wine GmbH, Ruessenstrasse 12, CH-6340 Baar ZG for traveling arrangements we organize or other services we offer in our name.
2. Registration / How You and Ride & Wine GmbH Enter into the Contract
2.1 The contract between you and Ride & Wine GmbH is entered into upon Ride & Wine GmbH accepting your registration without reservation. Starting from this point, the rights and obligations of the contract (including these general contractual terms and traveling conditions) are applicable for you and Ride & Wine GmbH.
2.2 On the occasion of booking, you are obliged to indicate your name and the names of fellow travelers as stated in the identification cards (passport, etc.) used for travel. Should the names on the travel documents not match the names on the identification card, providing the travel services might be denied. Any costs accumulated in the course of that will have to be covered by you and unreceived services cannot be refunded.
2.3 If the booking person registers further travel participants, that person is responsible for these participants contractual obligations (in particular the payment of the cost of travel) as well as own obligations. The contractual agreements and the general contractual terms and traveling conditions are applicable to all travel participants.
3.1 Our services arise out of the description of services in the brochure or travel description. Special requests of yours or collateral agreements are only part of the contract if they were confirmed by Ride & Wine GmbH in a written form and without reservation.
The services of Ride & Wine GmbH begin, unless stated otherwise in the travel description, upon arrival in the Ride & Wine hotel in Tuscany. Arriving and departing in time lies in your own responsibility.
4. Conditions of Participation
The bicycle tours organized by Ride & Wine require sufficient health. The participants are personally responsible for their health status and are obliged to inform the training leaders about possible weaknesses. When in doubt, you should ask your doctor or another qualified specialist for advise before registering.
Ride & Wine GmbH respectively the training leaders are allowed to partially or wholly exclude participants from the rides should they be under the impression that a participant is not up for the demands. In the event of personal injuries and/or accidents, Ride & Wine refuses any liability. Participation at own risk.
5. Prices and Payment Conditions
Prices for the travel arrangements can be accessed on the website www.rideandwine.ch and/or taken from the brochure/price list Ride & Wine GmbH.
5.2.1 On the occasion of entering the contract and after having received the booking confirmation from Ride & Wine, the payment of the arrangement needs to be made within 10 days.
5.2.2 The booking documents will be handed or sent to you once your payment of the entire invoice amount arrived.
5.2.3 A payment not in time allows Ride & Wine GmbH to deny the travel services and, after expiration of a grace period, to withdraw from the contract (cancellation fees are reserved).
5.3 Bookings at Short Notice
In case you book your journey 45 days or less prior to the beginning of the arrangement, the entire invoice amount on the occasion of entering the contract is to be paid immediately after receiving the booking confirmation.
6. You Change Your Registration, Your Travel Program, or Cannot Attend the Journey (Cancellation)
If you wish to alter your booking or withdraw from your journey (cancellation), you have to notify Ride & Wine GmbH of this personally or by registered mail. The travel documents you already received are to be handed back at the same time.
6.2 Processing Fee
In case of making changes to the booking, such as changing names, naming a replacing traveler, changing travel data, ancillary services, travel destination or beginning of the journey, or in case of withdrawing from the journey (cancellation), a processing fee of Fr. 100.- per person, a maximum of Fr. 200.- per order, will be charged (s. clause 6.3). This processing fee will not be covered by a potential cancellation insurance.
6.3 Cancellation Costs
6.3.1 In case of changes, rebookings etc., cancellations (withdrawal) less than 31 days prior to traveling, in addition to the processing fees (clause 6.2) the following cancellation fees apply:
6.3.2 Ride & Wine Arrangements Tuscany
30 – 0 days prior to the beginning of the journey: 100 % of cost of travel
6.3.3 All other Arrangements
30 – 0 days prior to the beginning of the journey: 100% of cost of travel
6.3.6 Decisive for determining the cancellation and changing date is the arrival of your declaration at Ride & Wine GmbH; for Saturdays, Sundays, and holidays, the next working days is decisive.
6.4 Cancellation Costs Insurance
Entering into a cancellation costs insurance is obligatory. Should you already have one, you may forgo entering into one when booking. This will be noted on the confirmation. The insurance benefits depend on the insurance policy.
In case of cancelling your journey, the premium for the cancellation costs insurance and the processing fee remain to be paid.
7. Change of Brochure Descriptions, Change of Prices, Changes in Transportation
7.1 Changes Prior to the Conclusion of the Contract
Ride & Wine GmbH explicitly reserves the right to change brochure information, service specifications, and prices in brochures and on the price lists prior to your booking. Should this be the case, Ride & Wine GmbH informs you prior to the conclusion of the contract.
7.2 Price Changes After the Conclusion of the Contract
Price increases may result from
a) newly introduced or increased government charges or fees (such as city taxes, tourism taxes, introduction or increase of taxes and governmental charges, price increases ordered by the government, etc.).
If the costs of these travel services increase, these costs can be passed on to you. The travel costs increase accordingly.
The price increase can take place at the latest 3 weeks before beginning the journey. In case the price increase amounts to more than 10%, the rights listed under clause 7.4 are eligible to you.
7.3 Change of Program, Changes in Transportation After Your Booking and Prior to Beginning the Journey
Ride & Wine GmbH, in your interest as well, reserves the right to change the travel program or services individually agreed upon (such as accommodation, way of transport, means of transport, etc.) in case of force majeur, unforeseeable, or unavoidable circumstances require so. Ride & Wine tries hard to offer compensatory service of the same value.
Ride & Wine GmbH informs you as quickly as possible on such changes and their impact on the price.
7.4 Your Rights if Prices are Increased, Programs Changed, or Changes in Transportation Are Made After the Conclusion of the Contract
If the change of the program or the change of individual agreed-upon services leads to a significant change of a key article of contract, or if the price increase is higher than 10%, you have the following rights:
a) You may accept the change of contract;
b) You may withdraw from the contract in a written form within 5 days after receiving our notification and get the price you already paid back immediately;
c) Or you may inform us in a written form within 5 days after receiving our notification that you would like to participate in a replacement tour of the same value suggested by us. We will then try our best to offer one of those to you. If the replacement tour is cheaper, the price difference will be refunded to you.
If you do not provide us with a notification according to letters b) or c), you automatically agree to the price change or change of individually agreed-upon services (the 5 day deadline is met if you hand your notification over to the Swiss postal service on the 5th day)
8. Cancellation of travel by Ride & Wine GmbH.
8.1 Withdrawal for Reasons on Your Part
Ride & Wine GmbH is entitled to cancel your journey if you give justifiable reasons for it by actions or omissions. In this case, Ride & Wine GmbH refunds the price previously paid by you; further claims are excluded. Reserved remain cancellation fees according to 6.2 f. and further compensation claims.
8.2 Minimum Number of Participants
Inasmuch as for the journey you booked there is a minimum number of participants, it can be found in the respective travel description. If this minimum number of participants is not reached, Ride & Wine GmbH can cancel the journey up to 3 weeks prior to its begin.
8.3 Force Majeure, Strikes
Should unforeseeable or unavoidable events, force majeure (e.g. natural disaster, epidemics, riots), official measures, or strikes significantly complicate, endanger, or make the journey impossible altogether, Ride & Wine can cancel the journey.
9. Change of Program, Service Failures During the Journey
9.1 Ride & Wine GmbH may for legal reasons change the program or individual services, as long as no crucial change of program results nor the character of the journey is altered.
9.2 Should a change of program impacting a significant part of the agreed-upon journey take place during the journey, Ride & Wine GmbH will reimburse the potential objective reduced value between the agreed-upon price and the one of the services provided (s. clause 12).
You Begin the Journey but Are Unable to Finish
Should you abort the journey early, the price of the travel arrangement cannot be refunded to you.
In urgent cases (e.g. own illness or accident, serious illness or death of an affiliated person), the Ride & Wine GmbH travel management or the service provider will help you where possible in organizing an early return.
Possible costs, e.g. for transportation etc., are on your account. In this context, mind the possibility of opting for a so called return travel costs insurance not included in the price of the journey. Ride & Wine GmbH will fill you in on the details upon request.
11. If You Have Something to Complain About
11.1 Complaining, Complaining Deadline, and Requests for Remedy
If the journey does not meet the contractual agreements or if you suffer damage, you are obliged to announce this defect to the Ride & Wine GmbH travel management or the service provider immediately, ideally on the same day, and demand remedy free of charge.
11.2 The Ride & Wine GmbH travel management or the service provider will do their best to do remedy within a period appropriate to the journey. If during a for the journey appropriate period no remedy is done or if it is insufficient, make sure you obtain a written record of the reprimanded defect or damage and the lack of remedy from the Ride & Wine travel management or the service provider. They are not entitled to admit any compensation claims and the like.
The Ride & Wine GmbH travel management or the service provider will do their best to do remedy within a period appropriate to the journey. If during a for the journey appropriate period no remedy is done or if it is insufficient, make sure you obtain a written record of the reprimanded defect or damage and the lack of remedy from the Ride & Wine travel management or the service provider. They are not entitled to admit any compensation claims and the like.
Should you against expectation be able to reach neither the Ride & Wine travel management nor the service provider, please turn directly to us (Ride & Wine GmbH in Baar ZG). You will receive the necessary information along with your travel documents.
If during a period appropriate to the journey no remedy is done and the defect is significant, you are entitled to do remedy yourself. The costs arising to you will be, to the extent of the originally planned journey (hotel category, means of transportation, etc.) and against receipt, compensated for by Ride & Wine GmbH, given you made a complaint and required (s. clause 12) a written confirmation (clause 11.1 and 11.2).
11.4 How to Make Your Claim Against Ride & Wine GmbH
If you want to make a claim regarding defects, reimbursement, or compensation claims against Ride & Wine GmbH, you need to submit your complaint to Ride & Wine GmbH within one month of the contractual end of the journey. The confirmation of the Ride & Wine GmbH travel management or Service provider and other potential evidence are to be attached to your complaint.
11.5 Forfeiture of Your Entitlements
Should you not indicate the defect or damage in accordance with clause 11.1 and 11.2, you lose and forfeit all claims to remedy, self-remedy, lowering of the price of the journey, termination of the contract, and compensation, etc. The same applies if you fail to make your claim against us in a written form within one month after the end of the journey.
12. Liability of Ride & Wine GmbH
Ride & Wine GmbH compensates you to the extent of the following regulations for the value of agreed-upon but unprovided or poorly provided services and your additional expenses or suffered damage insofar as the Ride & Wine GmbH travel management were unable to deliver a compensatory service of the same value on site.
12.2 Limitation of Liabilities, Exclusion of Liabilities
12.2.1 International Agreements and National Laws
If international agreements and national laws contain limitations or exclusions of compensations for failure to execute or improper execution of contracts, Ride & Wine GmbH bears liability only to the extent of exactly these agreements and laws.
12.2.2 Exclusion of Liabilities
Ride & Wine GmbH does not bear liability if the failure to execute or improper execution of contracts is caused by the following:
a) by omissions on your part prior to or during the journey;
b) by unpredictable or unavoidable omissions of third parties uninvolved in delivering the service contractually agreed upon;
c) by force majeure or by an event Ride & Wine GmbH, the intermediary, or the service provider, despite having taken all due care, could not foresee or prevent.
Participating in contests as well as the daily ride outs is not part of the arrangement of Ride & Wine GmbH and always takes place on the risk of the participant. A potential liability of the organizer of the respective contest organizer remains untouched by this.
In these cases, any form of liability of Ride & Wine is ruled out.
12.2.3 Personal Injuries
For personal injuries resulting from failing to execute or improper execution of the contract, Ride & Wine GmbH is liable to the extent of these general contractual terms and traveling conditions, the applicable international agreements, and national laws.
12.2.4 Other Damage (Property Damage, Pecuniary Losses, etc.)
For other damage (like property damage and pecuniary losses) resulting from failing to execute or improper execution of the contract, the liability of Ride & Wine GmbH is limited to a maximum of twice the travel costs per person, unless the damage was caused intentionally or grossly negligent; these general contractual terms and traveling conditions remain reserved, so do the applicable international agreements and national laws with lower liabilities or exclusions of liabilities.
12.2.5 Valuables, Cash, Jewelry, Credit Cards, Means of Telecommunication, etc.
We do explicitly point out that you yourself are responsible for the secure storage of valuables, bicycles, bicycle equipment, cash, jewelry, credit cards, photo and video equipment, etc. In the hotels, valuables etc. are to be kept in the safe. Under no circumstances may you leave these things in an unattended car etc. or elsewhere without supervision. In case of theft, loss, damage, or misuse of lost check and credit cards, means of telecommunication, etc. we do not bear liability.
12.3 Events During the Journey
Outside of the agreed-upon travel program, local events or trips may be booked during the journey. It is not impossible that such events will come with risks. It is within your own responsibility whether you take part in such events and trips. These events and trips will be organized by third-party companies (external services). Ride & Wine GmbH is not your contract partner and does bear liability in any case.
In exceptional cases, Ride & Wine GmbH will organize trips in its own name. In this case, the present general contractual terms and traveling conditions apply.
12.4 Non-contractual Liability
Non-contractual liability goes by the relevant statutes. In other cases of damage (viz. not personal injury), the liability is in any case limited to twice the travel price, unless international agreements, or national laws, or these general contractual terms and traveling conditions constitute lower limits of liability or exclusions of liability.
Liabilities of travel, transport, and aviation companies are limited. Therefore Ride & Wine GmbH recommends you to take care of additional insurance coverage, such as luggage, travel accident, travel medical, additional return cost insurance, etc.
14. Entry, Visa, and Health Regulations
14.1 In the travel description you can find information on passport- and entry regulations. This information is applicable for Swiss citizens and citizens of Liechtenstein. We kindly ask citizens of other nations to announce their nationalities upon booking so that the booking central can inform you on the respective regulations.
14.2 If travel documents have to be issued or extended or visa have to be obtained, that lies within your own responsibility. Should you be unable to receive a travel document or should it be issued too late and should you therefore have to cancel the journey, the cancelling regulations apply.
14.3 The travelers themselves are responsible for meeting the entry, health, and foreign exchange regulations. Double check before departing whether you have all documents you will need with you.
14.4 Ride & Wine GmbH points out to you that in case of a potential refusal of entry you will have to come up for the return travel costs. Furthermore Ride & Wine explicitly points out the legal consequences of illegal goods and other imports to you.
15. Changes of Flight Schedule
On unattended journeys you are responsible for checking for changes of the flight schedules of connecting and return flights. The required information is in the travel documents or on the website of the respective airline.
16. Applicable Law, Limitation Period, and Place of Jurisdiction
16.1 Swiss Law is applicable to the legal relations between you and Ride & Wine GmbH.
16.2 The invalidity of individual regulations of the travel contract does not result in an invalidity of the entire contract.
16.3 Any contractual and non-contractual claims lapse within one year after the contractual end of the journey. A forfeiture of claims in accordance with clause 11.5 overrules the limitation period.
16.4 For legal actions against Ride & Wine GmbH, Zug (Switzerland) is settled upon as the exclusive place of jurisdiction.