general terms and conditions
T&Cs
The Mammut Alpine School, hereafter referred to as MAS, organizes courses and tours in the mountains with and on behalf of trained mountain guides and hiking leaders. MAS only undertakes administrative tasks on behalf of their trained mountain guides/hiking leaders.
MAS only undertakes administrative tasks such as organization, reservations, advertising and collection of payments.
Each mountain guide or hiking leader decides and handles operational performance and the safety of participants on these courses and tours. Each mountain guide/hiking leader
holds a valid mountain guide or hiking leader license, including all legally stipulated insurance, such as liability insurance, own accident insurance, etc. MAS enters contracts only with accredited, experienced and competent mountain guides and hiking leaders. In the case of double-sized groups it may happen that aspiring mountain guide and hiking leader trainees provide extra support.
(Version: 8/31/2020)
1 SCOPE OF APPLICATION
These General Terms and Conditions (T&Cs) apply subject to any contradictory written agreement and subject to any contradictory contractual terms and conditions according to the individual travel brochure for our offers with and without flights.
2 REGISTRATION /CONCLUSION OF THE CONTRACT
Registration must happen using the official registration form (electronic or the tear-out form). Upon registration, these General Terms and Conditions form part of the contract between the participant and the organizer MAS. Registration is binding. We will send written confirmation on receipt of your registration.
3 PARTICIPANTS
By registering, participants state that they meet the requirements for taking part in the trip and for the tours. The detailed program specifies the physical requirements and the daily walking times.
If a participant does not have the required physical condition, and if this results in additional costs being incurred during the trip, the participant shall be obliged to pay these costs. Participants must be at least 18 years old. Young people aged 16 or older may take part only if accompanied by an adult. Equipment complying with the EC standard is also required.
4 BOOKING ERRORS AND CUSTOMER SERVICE
In the event of any difficulties when making a booking, participants must contact MAS immediately to allow corrective action to be taken and ensure the smooth completion of the booking process.
If it is not possible to contact MAS outside office hours in connection with a booking error, participants are obliged to keep any damages potentially incurred as a result of the booking error as low as possible.
If the participant fails to notify MAS of a booking error or similar issue, he or she must then bear the resulting damages. The limitation of liability stated in the "Liability" section also applies to booking errors.
5 MINIMUM NUMBER OF PARTICIPANTS
If a minimum number of participants is required for the trip to take place and this is stated in the detailed program, if this minimum number of participants is not reached, the participant will be notified, in the case of events of 3 days or more, 5 days before travel or the start of the course and, in the case of events of less than 3 days, notification shall be provided by noon on the day before the start of the course. If possible, an alternative program shall be suggested. If the participant does not accept this program, the course fees already paid shall be refunded. No further claims exist.
6 GROUPS
MAS places particular emphasis on a positive group experience. This requires each participant to show tolerance, adaptability and understanding for the different abilities present within a difficultly level. MAS reserves the right to exclude from a course or tour any participant who fails to integrate in the group, with no entitlement to a refund.
7 INSURANCE
By registering for a trip, participants state that they have sufficient insurance coverage. As well as comprehensive accident and health insurance which is also fully valid for this trip (including risks in mountain terrain, recovery and rescue costs), insurance covering cancellation of travel and individual return travel costs is mandatory. Participants are responsible for arranging their own insurance. We recommend joining the Swiss air rescue service as a sponsor.
8 PROGRAM / CHANGES TO PROGRAM
We will inform you as soon as possible of any program amendments that become apparent before the trip.
Program amendments locally are unlikely; nevertheless, this right is reserved with no liability for compensation.
This applies in particular to amendments required due to weather and other unforeseeable events.
In particular, no guarantee of reaching planned summits can be provided.
Our courses and tours take place in all weather conditions. Participants must be prepared for extensive amendments to planned programs and, in particular, areas. The mountain guide or hiking leader reserves the right to amend the program. By registering, participants state their agreement to transfers of their booking to other areas and to different tours or day programs. Any additional costs will be invoiced to the participant.
9 PRICE
The price calculation is based on the exchange rates and prices on the publication date of the program.
Price increases are not envisaged; nevertheless this right is explicitly reserved. In particular, a price increase would be anticipated in the following situations: increase in transportation costs, including fuel costs, increase in fees for specific services such as landing charges and airport charges, or a change in the exchange rates applying to the package tour, if applicable.
The services included in our prices are contained in the corresponding descriptions.
In the case of sales subject to VAT/Sales Tax, VAT/Sales Tax is included in our prices.
10 CANCELLATION OF THE TOUR BY THE ORGANIZER
In principle, any tour and any course with sufficient participants shall take place. Participants share the risk concerning weather or adverse tour conditions. They must be prepared to accept extensive amendments in relation to the program, area, journey and accommodation. Any additional costs will be charged to the participant.
If a tour is canceled due to adverse conditions, bookings will be transferred, or a credit note or refund issued. In the event of a refund, an administration cost contribution of CHF60.00 will be deducted.
11 SINGLE ROOMS
No guarantee can be provided for booked single rooms. We reserve the right to accommodate persons traveling alone in single rooms at a corresponding additional charge.
12 RENTAL EQUIPMENT
Orders for rental equipment must be placed no later than two weeks before the start of the course. Otherwise, any packaging and postage costs will be charged.
13 PAYMENT TERMS
On receipt of confirmation of registration and the invoice, we shall await your payments according to the details stated on the invoice. In the event of any delay in payment of invoices, MAS shall be entitled to reject the participant's registration and invoice additional costs. In case of default the MAS reserves the right to apply a collection agency and gives the customer data to it.
In the case of payments made by credit card, the price will be debited automatically from the credit card. If payment cannot be collected from the specified credit card account as a result of insufficient coverage, MAS shall be entitled to invoice an additional processing fee of CHF20.00.
14 CANCELLATION AND DISCONTINUATION OF THE TRIP
14.1 Cancellation of a trip by MAS
If the minimum number of participants (see Figure 5 above) is not reached, MAS may cancel the trip at short notice and withdraw from the contract or transfer participants' bookings to other areas. Other assurances according to the detailed program remain reserved.
14.2 Cancellation of a trip by the participant
In the case of cancellation of a trip by the participant, he or she must notify MAS accordingly by registered letter. The calculation shall be based on the arrival of the letter; in the case of Saturdays, Sundays and national holidays, the next working day shall apply. The following cancellation charges apply to registrations and withdrawals for any reason, whether in situations involving fault or otherwise:
For trips which include flights:
Up to 121 days before the start of the course: CHF200 or EUR170 handling fee
100 to 120 days before the start of the course: 25% of the package price
61 to 99 days before the start of the course: 50% of the package price
43 to 60 days before the start of the course: 80% of the package price
0 to 42 days before the start of the course: 100% of the package price
For trips not including flights:
Up to 40 days before the start of the course: CHF100 or EUR85
39 to 31 days before the start of the course: CHF200 or EUR170
30 to 22 days before the start of the course: 50% of the invoice amount
21 to 10 days before the start of the course: 80% of the invoice amount
00 to 09 days before the start of the course: 100% of the invoice amount
14.3 Discontinuation of the trip by the participant
No refund will be issued if a participant choses to discontinue the trip. Any additional costs will be invoiced to the participant.
15 COMPLAINTS/SHORTCOMINGS
Depending on the trip, Swiss package travel regulations may apply (especially for travel which includes flights). Any complaints must be submitted no later than 5 days after the end of the trip.
16 LIABILITY
By making a booking, participants acknowledge the risks in high-altitude terrain. Even a qualified mountain guide or hiking leader is not infallible, as in areas away from marked paths, he or she will be confronted with limits which can never be completely mastered. His or her role can therefore only be to reduce the risk to a minimum. MAS' liability is excluded for slight negligence, fault on the part of participants, third-party fault and force majeure.
In the case of air travel, the provisions of the international convention shall apply, including the limitations contained therein on compensation for damages for non-fulfillment or insufficient fulfillment of contracts.
In all cases, our liability is limited to twice the course price or package price, with the exception of damages attributable to deliberate actions or gross negligence.
17 FLIGHTS
Unless otherwise stated in the program, flights in all programs are Economy Class.
18 PHOTOGRAPHS
Our mountain guides and hiking guides often take photographs during tours and, from time to time, participants send us photographic materials after a tour. Participants state their agreement to the use of these images for the MAS photo gallery (incl. forwarding to the participants) and advertising materials (e.g. brochures, website, flyers, social media).
19 DATA PROTECTION
MAS uses customer data for the purposes of processing registrations and, as far as the participants have given consent, for sending its own catalogs and newsletters. Customer data is also forwarded to the respective tour leaders as well as third parties (e.g. hotels/huts, rental centers, transport companies, etc.) to ensure the fulfillment of the offer. Further information for data protection are found here: https://www.mammut.com/ch/de/legal/data-protection-policy/
20 APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss law applies exclusively to the contractual relationship agreed between the participant and MAS. The sole place of jurisdiction is Lenzburg. For the consumer, their place of residence is an additional place of jurisdiction.
21 GUARANTEE
We are a member of the Guarantee Fund of the Swiss travel industry. This allows us to guarantee any amounts paid in connection with package tour bookings.
