Contact and General Terms and Conditions
Gourmet Wine Travel GmbH
Armin H. Müller
Hohfurenstr. 35
8610 Uster
Tel: +41 76 33 777 22
Terms and Conditions
These terms and conditions apply to the legal relationship between you and us, the company Gourmet Wine Travel GmbH (hereinafter also referred to as travel agent) for package tours, individual tours or individual packages offered by us in our own name.
- Contract conclusion, fellow traveler, payment
- Your telephone, written or personal application is binding for you. The travel contract between you and us is concluded with the unconditional acceptance of your registration. If the signatory reserves the right to make further travel arrangements for other participants, he / she is responsible for their contractual obligations (in particular the payment of the travel price) as for his / her own obligations. For travel arrangements by other tour operators and travel agencies, which are only communicated to you by the tour operator, their own terms and conditions of travel apply.
- Our services can be found in the service description in the brochure / travel description or in the Internet. Special requests are only a contractual part if they have been confirmed by us in writing and unconditionally. Unless stated otherwise in the travel notice, the services begin with rail and bus travel from the place of departure, for air travel from the airport in Switzerland or the agreed departure / arrival location.
- Upon receipt of the travel confirmation, the total amount or a down payment per person will be due for immediate payment, depending on the travel description. In case of a down payment, the balance has to be paid by you at least 45 days before the start of the tour. In case of short-term bookings, the total amount is payable upon booking. In the case of not executing the payments in the requested due date, we shall be entitled to withdraw the contract and to demand cancellation fees in accordance with section 2.2.
- Cancellation of the trip by the traveler
- In case of cancellation of booked travel
Up to 45 days before the tour starts, between 10 and 50% of the travel price can be refunded if the general cost situation is allowing this and only in case that is is not affecting negatively the total cost situation per person of this trip arrangement. In case of a later cancellation, the entire travel price must be fully paid for sure. - Deviating cancellation costs are listed in the respective travel information. The right to appoint a substitute traveler in accordance with the Federal Law on Package Travel in time is not affected by this regulation; The processing fees remain unaffected.
- Cancellations must be submitted in writing and shall be effective only when received by us or by the booking agent; On weekends or on public holidays, the next working day shall be decisive.
- Substitute Person: If you have to cancel the trip, you can announce a substitute traveler who will travel under the same conditions. If this substitute traveler enters into the contract, you and he jointly (solidarity) are liable for the payment of the entire travel price and any additional costs. The entry of the substitute person is permissible: – Traveling in Switzerland up to the start of the trip – Traveling in Europe and in countries without visa requirement up to 48 hours before the agreed departure – subject to our organizational possibilities. A prerequisite is that the companies participating in the trip (hotels, airlines) also accept this change, which can be difficult, especially in the high season, or can fail in flight tariff regulations.
- In case of cancellation of booked travel
- Cancellation protection and travel accident insurance
The obligatory insurance cover is not included in our travel price and varies depending on the type of trip you have chosen. In any case, please do not forget to include a cancellation and SOS return insurance. If you already have your own cancellation costs and SOS return travel insurance, you can do without this insurance at the time of booking. - Entry formalities
Swiss citizens and residents from other countries need a valid identity card or a valid passport or visa for travel, depending on the country (regulations may differ depending on the country). Citizens of other countries please provide their nationality at the time of booking and check the requirements at their embassy. The travel participants are responsible for compliance with these regulations, procurement and carrying the necessary travel documents (such as passport, identity card, etc.). Please check your travel documents before leaving for completeness and correctness. If you are refused entry due to incorrect or non-existent documents, the return travel costs are at your expense (section 10). - Flights
All air travel – if included in the travel price – is carried out in the tourist class (Economy Class). We and the involved airlines expressly reserve the right to change flight plans, use
other types of aircraft and/or involve other airlines. The change of the aircraft type or of the airline does not represent a change in the program. The introduction of new or the increasing of existing taxes is reserved. For flights (PEX / APEX group and special tariffs), the cancellation conditions of the corresponding airline / tariff class apply. Issued Tickets cannot be rebooked or canceled. - Program and price changes
- Amendments before conclusion of contract: We expressly reserve the right to change the performance specifications, price of the trip before the booking. If this is the case, we will keep you informed about these changes before the conclusion of the contract and also inform you why this price change had to be made.
- Price changes after conclusion of the contract: In exceptional cases, it may be necessary to increase the agreed price. Price increases may result from: (a) the subsequent increase in transport costs (including fuel surcharges); (b) newly introduced or increased government levies or fees (such as airport taxes, landing fees, entry and disembarkation fees, etc.); (c) serious exchange rate fluctuations; or (d) government-imposed price increases (e.g., VAT). If the cost of these services increases, they can be passed on to you. The price increases accordingly. We will make the price increase no later than 22 days before departure. If the price increase is more than 10 percent, you are entitled to the rights mentioned in section 6.4.
- Program changes, changes in the means of transport after your booking and before commencement of the trip: We reserve the right in your interest to change the travel program or individual agreed services (e.g. accommodation, transport, means of transport, airlines, flight times, etc.) in case of an event which, in spite of all due diligence, is not foreseeable and which requires it. We strive to offer you equivalent replacement services. We will inform you as quickly as possible about such changes and their impact on the price.
- Your rights if the travel price is increased after the conclusion of the contract, Program changes, changes in the means of transport: If the change in the program or the change of individual agreed services leads to a significant change in a major contract point, or if the price increase exceeds 10 percent, you have the following rights: (a) you may accept the amendment; b) You are entitled to withdraw from the contract within 5 days after receipt of our notification and you will be refunded immediately the already paid travel price; c) Or you can inform us in writing within 5 days of receipt of our notification that you wish to participate in an equivalent replacement trip proposed by us. If we do not receive a notification according to letter b) or c), you agree to the price increase, the change of the program or the change of individual agreed services.
- Cancellation of the trip
- Group size: For our bus trips, a minimum number of participants is usually between 10 and 20 people. For air travel, a defined minimum number of participants is 10 people. We reserve the right to cancel the trip if the minimum required number of participants is not reached at the latest 30 days before departure date.
- Compulsory reasons: Should compelling reasons, such as force majeure, natural disasters, war or revolution, strikes, government orders, epidemics, pandemics etc., make the travel very difficult or impossible, we will have to cancel or to postpone the trip and will inform you as soon as possible. Even illness/accident of the organizer/tour guide or other unforeseen reasons can make it impossible to perform a trip.
- In both cases (7.1 or 7.2.), we will try/endeavor to offer you an equivalent alternative travel. Not all of our travel partners offer this possibility. In such a case claims have to be made directly to our travel partner. However, our aim is to provide an alternative date for the trip.The new date will be announced so early that every participant can organize accordingly. If you cannot participate in this alternative travel, and if possible the amounts already paid or part of the amounts will be refunded immediately. Further claims on your part are excluded. If a trip has to be postponed because of a pandemic no rights to claim the money back are provided. However also in this case we try to offer an adequate alternative if this is possible. If a trip has to be postponed several times, the reason for the first postponement is determining factor for handling the case.
- Program changes, breakdown of services during the trip
If program changes have to be made during the trip, we endeavor to offer an equivalent replacement service / alternative. If the program shows an objective deficit by the change, we will compensate you for this. If unforeseen necessary changes to the program occur at additional costs, because no unqualified substitute service or equivalent return possibility is provided and the measure takes place in the objective interest of the customer, these additional costs are borne by the customer. During the trip, the customer is only entitled to rescind the contract if a considerable portion (> 50%) of the agreed services cannot be provided and no adequate alternative can be offered or the customer rejects the substitute service for important reasons. - Travel cancellation during the trip through the traveler
If you cancel during the trip, the travel price cannot be refunded; Any additional costs (such as return transport) are at your expense. – As described in point 3, it is your duty to complete cancellation and SOS travel insurance. If you have to cancel the trip for compelling reasons (illness, accident, missing travel documents, etc.), our tour guide / bus driver will assist you in organizing your return journey as far as this is possible. Please make sure you have a valid accident insurance. Every participant is responsible for an accident insurance. Sporting activities are exercised by each participant at an own risk.
Only in the case of a cancellation for generally compelling reasons (force majeure, natural catastrophes, strikes, governmental measures, epidemics) we will reimburse you for those services which are not charged to us (This might be subject to a reasonable processing fee). - If you have something to complain about
- If the trip does not correspond to the travel description or if you suffer a damage, you are obliged to inform immediately our tour guide about this defect or damage.
- The tour guide will endeavor to remedy within a reasonable period of time. If there is no remedy, remedy is not possible, or if it is not sufficient, the written defects or the damage and the non-remedial remedy should be confirmed in writing by the tour guide. However, this person is not entitled to recognize any claims for damages. – If you do not bring the complaint to the tour operator at the time and do not get a written confirmation, we cannot respond to your complaint after traveling, and you will lose any rights against us.
- How to claim your claim against the tour operator: If you want to claim damages, reimbursements or claims for damages against us, you must submit your complaint in writing within 14 days after the actual journey of the agreed journey. Your complaint must be accompanied by the confirmation from the tour guide and conclusive evidence. If you do not make your demands within 14 days after the actual journey of the journey, all your claims will be invalid and you will lose all your rights.
- Limitations of liability, disclaimer
- International agreements and national laws: contain international agreements and national legal restrictions or exclusion of compensation for damages resulting from non-fulfillment or non-compliance with the contract, we shall be liable only under these agreements and laws. International agreements, national laws with limitations of liability or disclaimer exist, in particular, in transport (such as air transport, shipping on the high seas and railways).
- The tour guide will endeavor to remedy within a reasonable period of time. If there is no remedy, remedy is not possible, or if it is not sufficient, the written defects or the damage and the non-remedial remedy should be confirmed in writing by the tour guide. However, this person is not entitled to recognize any claims for damages. – If you do not bring the complaint to the tour operator at the time and do not get a written confirmation, we cannot respond to your complaint after traveling, and you will lose any rights against us.
- Ombudsman
- You should contact the independent ombudsman of the Swiss travel industry before any legal dispute. The Ombudsman endeavors to achieve a fair and balanced settlement of all kinds of problems between you and us
- The address of the Ombudsman is: Ombudsman of the Swiss travel industry,
Postfach, 8033 Zürich
- Photos / Images
- By booking one of our travels, you expressly agree that the photos and videos made during the trip can be used for publication in the Internet, print media, advertising flyers etc. without further consent.
- Individual provisions
The invalidity of individual points of the travel contract or the GTC does not lead to the ineffectiveness of the entire contract. - Applicable law and jurisdiction
- The legal relationship between you and us is exclusively subject to Swiss law
- The exclusive place for legal actions against the tour operator from customer site is Uster. We can sue the consumer at his place of residence or in Uster.