General Terms and Conditions

We are delighted that you are interested in a holiday in Valais. Please read the following Valais/Wallis Promotion, Avenue de Tourbillon 11, 1950 Sion, Switzerland (hereinafter referred to as “VWP”) General Terms & Conditions carefully.

I. Scope of application

These General Terms & Conditions apply when you (hereinafter referred to as the “User”) book accommodation and other tourist services through the website www.visitvalais.ch, or if you are ordering a merchandising item. These General Terms & Conditions form an integral part of every contract concluded between the User and VWP.

A. ACCOMMODATION AND TOURIST FACILITIES

II. Role of VWP

VWP provides a search platform on visitvalais.ch that gathers tourist offers and accommodation from Valais resorts and other providers and makes them accessible for online booking via external links. The offers accessible on www.valais.ch/shop are published by the various local tourism organisations and service providers, who are responsible for them. VWP does not offer any services of its own on www.valais.ch/shop. VWP’s activity is limited to gathering Valais tourism offers on a search engine. VWP undertakes no further function; in particular, VWP has no obligation to give advice, and VWP is not a contracting party for booked services.

III. Booking

When the User wishes to book a service and clicks on the corresponding product description, the User is automatically redirected to an external website that lies beyond the responsibility of VWP. This may be the booking platform of the chosen service provider (e.g. the website of the chosen hotel) or an external online shop, in particular the online shop operated by Matterhorn Region AG, Avenue de Tourbillon 11, 1950 Sion, Switzerland (hereinafter referred to as “MRAG”), which may be embedded within the visitvalais.ch website. Booking then takes place either on the booking platform of the chosen service provider or through the online shop, which may in turn redirect the User to the booking platform of the service provider. The General Terms & Conditions of the chosen service provider apply for the booking; those of the online shop additionally apply where relevant.

IV. Contents and availability of tourist offers

Information on services is compiled by the service providers, who are responsible for it. VWP cannot check the accuracy of details given by service providers and therefore cannot provide any guarantee or accept any liability in the case of incorrect, unclear or incomplete information. The services published on www.visitvalais.ch are not binding offers. Until a binding booking is made, the contents and availability of services, prices, etc. may change at any time.

V. Use of the services

The service provider alone is responsible for providing services booked. Payment for services booked must take place according to the booked service provider or online shop’s applicable conditions. The admissibility and consequences of the cancellation of a booking depend on the applicable contractual conditions of the service provider or the online shop. However, VWP points out to the User that changes to and cancellations of bookings may incur charges.

VI. Responsibility of the User

The User acknowledges that use of the Internet inherently carries certain risks. The User is personally responsible for securing adequate protection against malware and other malicious software (viruses etc.). Neither VWP nor its partners or booked service providers are under any obligation to protect the User from risks of this kind by means of special software etc.

VII. Responsibility of VWP; exclusion of liability

VWP is not a contracting party for services booked. Consequently, VWP will not be liable for the correct execution of contractually booked services by the service provider. If the User is not happy with the services supplied or suffers injury or damage, the service provider booked should be contacted directly. The service provider is exclusively responsible for dealing with complaints etc. VWP provides the www.visitvalais.ch website for the User free of charge. VWP does not guarantee uninterrupted access to the website and shall not be liable for any possible interruption to service. In particular, VWP reserves the right to suspend service partially, or fully, during maintenance work etc. VWP also reserves the right to delete services listed, or to suspend operation of the website fully or partially, etc. The User has no claim to (uninterrupted) access to www.visitvalais.ch. VWP shall not be liable for mistakes, typographical errors or miscalculations. Furthermore, all liability on the part of VWP is excluded insofar as is legally permissible. These liability rules apply to contractual, quasi-contractual and non-contractual claims.

B. Merchandising articles

VIII. Ordering from the www.valais.ch website

Orders are placed via an external online shop (hereinafter referred to as the ‘eShop’) operated by Matterhorn Region AG, Avenue de Tourbillon 11, 1950 Sion, Switzerland (hereinafter referred to as ‘MRAG’), which is integrated into the www.valais.ch website.

With each order, the User expressly accepts these GTC and those of MRAG as an integral part of the contract.

The following conditions shall apply to all VWP deliveries and services to the exclusion of all other conditions. Any terms and conditions of the User that are contrary to or deviate from our GTC shall not be recognised. Any additional agreements or other commitments made by VWP must be in writing. VWP expressly reserves the right to amend these GTC at any time.

Users under the age of 18 are not permitted to order from the VWP eShop.

IX. Products and prices

VWP offers a selection of products branded with the Valais logo. VWP may change or extend the existing product range at any time.

All prices in the eShop are in Swiss francs (CHF) and include the applicable value added tax. The prices at the time of ordering do not include shipping costs, which are shown separately.

VWP reserves the right to change its prices at any time.

X. Ordering and entering into a contract

Once the User has finalised their order in a firm and definitive manner by accepting the GTC by clicking on the ‘Finalise my purchases’ button (or similar wording), they will receive an automatically generated order confirmation at the e-mail address they have indicated. Receipt of the order confirmation does not guarantee that the products can be delivered.

The offers and information provided on the eShop are non-binding. Each User order is subject to the availability of the goods/delivery possibility, the correctness of the price indicated and the receipt of payment. The binding contract comes into effect upon transmission of the (electronic) dispatch confirmation, but at the latest upon delivery of the goods ordered.

Should payment not be made on time, VWP reserves the right to cancel an order in whole or in part.

If an item ordered is not available, VWP reserves the right not to accept the User’s order, with the result that no contract is concluded. The User will be informed of this by email or post. Any amounts already paid for the corresponding items will either be refunded in full (in the event of full withdrawal from the contract) or in the amount of the price of the items that cannot be delivered (in the event of partial withdrawal). The User has no other claim.

Should the User not receive the goods ordered within ten (10) days of receipt of the dispatch confirmation or the date of delivery (as evidenced by the postmark), the User must notify VWP in writing (e-mail or letter) of the goods not received.

XI. Terms and conditions of payment

Payment methods and conditions are those defined for the eShop in MRAG's general terms and conditions.

XII. Delivery and shipping costs

Goods in stock are dispatched within 3-5 working days of receipt of the order. If the goods ordered are not available in stock, the User will be informed immediately and the goods will be delivered as soon as possible after agreement with the User. All information concerning availability and delivery times are provided for information only. Delays in delivery do not entitle the User to withdraw from the contract or to claim damages.

If the User has outstanding debts to VWP, VWP reserves the right not to deliver the goods ordered until the User has paid all outstanding debts in full.

Goods not received must be reported within ten (10) days of delivery (see point 3.5).

If the User refuses to accept the products ordered, a flat-rate processing fee of CHF 30 plus postage and packaging will be payable per consignment. These costs will be calculated separately and invoiced to the User immediately.

Delivery is deemed to have taken place when the products have been handed over to the User (e.g. by post or carrier). Profits and risks are also transferred to the User at the same time.

If the order includes several products, the User is bound to accept partial deliveries. In the event that certain products are no longer available, the sales contract will be considered null and void only for those products that are no longer available.

All costs relating to undeliverable or returned packages will be charged to the User in full.

For deliveries up to a value of CHF 149 (incl. VAT), VWP will charge a flat-rate delivery charge of CHF 9 per package/delivery. For orders of CHF 150 (incl. VAT) or more, postage is free. Any refund costs will be for the User’s account on a separate basis.

Merchandising items are only delivered in Switzerland and Liechtenstein.

VWP reserves the right to change delivery charges at any time.

XIII. Promotional codes

Promotional codes are vouchers that cannot be purchased, but are issued as part of promotional campaigns with a limited validity period. Promotional codes can only be used during the period indicated, and only once per order. Certain products may be excluded from the promotion. Promotional codes cannot be used to purchase gift vouchers. Please note that promotional codes may be linked to a minimum order value. The value of the goods must be at least equal to the amount of the promotional code. If the value of the goods is higher, the difference can be made up using one of the payment methods offered. The amount of a promotional code is not paid out in cash and does not earn interest. The promotional code will not be refunded if all or part of the goods are returned.

Promotional codes can only be used before the order is placed. Subsequent crediting is not possible. Promotional codes may not be transferred to third parties. It is not possible to combine several promotional codes, unless VWP has agreed otherwise.

If a promotional code has been used at the time of purchase, VWP reserves the right to charge the original price of the goods which the User keeps if - due to cancellation - the total value of the order falls below the promotional code.

XIV. Gift vouchers

Gift vouchers are vouchers that can be purchased by the User. They can only be used for the purchase of items on the VWP eShop, but not for the purchase of other gift vouchers. If a gift voucher credit is not sufficient for the order, the difference can be made up with the payment methods offered.

Gift vouchers and credit notes can only be used before the order process has been completed. Gift voucher credits are not paid out in cash and do not earn interest.

XV. Right of return

No right of return is granted on merchandising items. Only clothing may be returned or exchanged. Insofar as the product can be returned, the purchase price will be refunded in full if the following conditions are met: no trace of use, with garment labels and original packaging available. If the item is damaged, no refund will be made. The right of return applies up to ten (10 days) after delivery (as evidenced by the postmark). In the event of a return, all shipping costs are at the User’s expense.

XVI. Guarantees and claims

VWP guarantees that the products dispatched have been stored appropriately and delivered in their original packaging within their shelf life. The User is obliged to examine the delivered products for completeness and to report any defects immediately upon receipt. Complaints must be made in writing and without delay to VWP - in the case of visible defects no later than five (5) days after receipt, in the case of non-visible defects immediately after discovery. Otherwise, the User acknowledges that the delivery was made in accordance with the contract and that the goods delivered were in perfect condition. Minor deviations that are customary in the trade and are based on material characteristics do not constitute defects.

Defective products may be returned after contacting VWP. VWP shall provide the User with replacement products in the event of defective goods or issue a corresponding credit note upon agreement, unless the User has not notified the defect in accordance with the foregoing provisions. Any other warranty, in particular with regard to the properties and effects of the products, is excluded to the extent permitted by law. This also applies to any product liability.

VWP shall be under no obligation to provide a replacement delivery if it can demonstrate that it is not responsible for the defect in question e.g. in the event of improper use of the product or use for purposes other than those intended or subsequent modification of the products by the User. Claims for compensation due to any errors in the images, price indications and texts are excluded. Product images may vary from the products ordered/delivered.

XVII. Disclaimer / deliveries

VWP shall only be liable for direct damage resulting from intent or gross negligence on the part of VWP. Any liability for direct damage caused by slight negligence, irrespective of the applicable law, is expressly excluded, subject to mandatory statutory provisions. Any liability of VWP for indirect or consequential damages, irrespective of the applicable law, is expressly excluded. Any liability for any auxiliary persons called in, for technical problems and disruptions to the eShop, and for damage to the user's equipment and software is also excluded.

VWP takes every precaution to ensure that the content of the eShop is complete and correct. However, VWP cannot assume any guarantee for the accuracy and reliability of the data. Liability claims against VWP relating to material or non-material damage caused by incorrect or incomplete information are also excluded in the context of point 10.1.

XVIII. Miscellaneous

All intellectual property rights contained and indicated on the www.valais.ch website, such as product names and designs, are the property of VWP. Any utilisation other than for personal use permitted by law is prohibited, unless VWP has expressly agreed to such use in writing. In the event of infringement, VWP reserves the right to take appropriate legal action.

Should one or more of these provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision must then be replaced by a valid provision that best achieves the intended economic objective damage, both material and immaterial, as a result of erroneous and incomplete information.

C. COMMON PROVISIONS

XIX. Data privacy; information on tourist offers in Valais

Detailed provisions concerning data privacy can be found in the VWP Data Privacy Statement .

When booking an offer, the visitor must usually supply their e-mail address. Where stipulated in the applicable terms of the contract of the service provider or the online shop, and where the User has agreed, the service provider or online shop will forward this e-mail address to VWP.

When merchandising items are ordered, the eShop must transmit this e-mail address to VWP, in its capacity as the service provider.

The User can also enter his or her e-mail address direct at www.visitvalais.ch. VWP stores this e-mail address and will use it to make contact in various ways including greeting messages, newsletters and for promotional purposes. Each e-mail contains a link that allows the recipient to have him- or herself removed from the mailing list free of charge. In addition, the User has the possibility at any time to unsubscribe from this service by sending an e-mail to newsletter@valais.ch.

XX. Definitive language

The General Terms & Conditions have been drafted in German, French, English and Italian. In the event of discrepancies, the German version is definitive.

XXI. Applicable law and place of jurisdiction

The legal relationship to VWP shall be subject exclusively to Swiss law, to the exclusion of the Vienna Convention (CISG) and the provisions of private international law.Sole place of jurisdiction is Sion, Switzerland. Valais/Wallis Promotion

Sion, September 2024

Valais/Wallis Promotion

Avenue de Tourbillon 11 CH-1951 Sion T. +41 (0)27 327 36 00

info@valais.ch www.valais.ch

We are delighted that you are interested in a holiday in Valais. We ask you to read carefully the following General Terms & Conditions of Matterhorn Region AG, Avenue de Tourbillon 11, 1950 Sion, Switzerland (hereafter “MRAG”).

I. Scope of application

These General Terms & Conditions apply when you (hereinafter also the “User”) open a user account in the online shop operated by MRAG (hereiinafter “Online Shop”), which allows you to book accommodation and other tourist services or order merchandising items. These General Terms & Conditions form an integral part of every contract concluded between the User and MRAG.

The chapter “A. General conditions” applies to all contractual relations between the User and MRAG. The provisions in chapter “B. Special conditions for package tours” additionally apply only when MRAG acts as the organiser of a package tour as defined in art. 1 of the Federal Act on Package Travel (FAPT), and in such cases have priority over the conditions in chapter “A. General conditions”.

A. General conditions

II. Role of MRAG

MRAG runs an Online Shop through which users can book tourist offers and accommodation from Valais destinations and other providers or order merchandising items.

As a rule, MRAG’s role is limited to retailing offers that are published by various local tourism organisations and service providers, who are responsible for them. MRAG itself is only an organiser when this is expressly specified in the offer. In all other cases, MRAG acts purely as a retailer for the services of third parties.

Where MRAG acts purely as a retailer, it is not a contracting party for services booked and as a result shall not be liable for the correct provision of these services. The chosen service provider’s General Terms & Conditions apply for the booking or order.

III. Redirection to websites of service providers

When clicking on certain offers in the Online Shop, the User is automatically redirected to the service provider’s website, which lies beyond the responsibility of MRAG.

Booking then takes place on the chosen service provider’s website, where payment is also processed.

IV.a Booking a tourist offer in the Online Shop

Publication of services in the Online Shop does not constitute an offer but an invitation to the User to submit an offer. The booking of a service by the User constitutes an application to conclude the corresponding contract. The User is bound by their application for seven working days. The contract comes into effect only through confirmation of the booking by MRAG. If the confirmation differs from the User’s original booking, this confirmation in turn constitutes an offer by MRAG, by which MRAG is bound for seven working days. The contract comes into effect on this new basis when the User declares acceptance within the deadline. Payment by the User also counts as acceptance. In the case of an obvious false booking as a result of system-related errors in the booking system, MRAG has the right to cancel the booking without penalty.

Confirmation of the booking takes place electronically. When tickets must be issued physically, MRAG sends them to the User by post or other suitable means. If the User has not received full documentation at the latest five working days before the beginning of the booked service, the User must contact MRAG immediately. If the User fails to do so, this will be considered as relinquishment of claim for provision of the service, subject to charge, and MRAG will be freed from all liability for the non-viability of the service. MRAG accepts no liability whatsoever for late delivery of travel documents by post or courier service.

IV.b Ordering merchandising items

Merchandising items are offered by VWP. VWP's General Terms and Conditions apply to orders for these items.

V. Payment in the Online Shop

The User books shopping basket items in the Online Shop; for each of these individual items, MRAG acts as retailer with a collection mandate. In each case, the contracting party is the engaged/booked supplier or service provider. Only in expressly specified cases is this MRAG itself.

The price to be paid by the User is the overall price of items in the shopping basket, stated in Swiss Francs (CHF). Unless expressly stated otherwise, this includes all surcharges, taxes and fees as well as any booking charges levied by MRAG, where applicable. Swiss VAT is included in all prices. The overall price depends on the individual tailoring of the package and can therefore vary from indicative prices (e.g. “from CHF …”).

The sum owed by the User must generally to be paid immediately on booking by one of the means of payment available in the Online Shop. As long as payment is not fully complete, the service provider can decline provision of the service and cancel the contract at any time without notice.

In certain cases, details of the User’s credit card must be supplied purely as a guarantee, with payment taking place later direct with the service provider. In such cases, MRAG informs the User about this form of payment as part of the booking process.

Payment by invoice is possible only in exceptional cases at the discretion of MRAG. If MRAG issues the User with an invoice, this is to be paid within ten (10) days but at the latest before use of the service.

The Online Shop also sells vouchers that can be redeemed again later in the Online Shop. These vouchers are subject to the following rules. The voucher may be redeemed only before completion of the ordering process and may not be used retrospectively. It may not be used for the purchase of further vouchers. Vouchers may not be exchanged for cash, nor do they earn interest. If a residual balance remains after a purchase, a new voucher with the remaining balance is automatically issued and sent by e-mail. The voucher and any residual balance can be redeemed until the end of the third year after purchase. Only one voucher may be redeemed per purchase. Vouchers are transferable. In providing its service, MRAG discharges its legal obligations towards the voucher’s owner. This does not apply when MRAG has knowledge of, or through gross negligence is ignorant of, the voucher owner’s lack of entitlement, legal incapacity or lack of authority of representation. In the case of theft, loss, illegibility or unauthorised use, no replacement will be provided.

Payment is also possible with invoice within 30 days with our Partner swissbilling. swissbilling SA is a service provider, that allows the User to receive their order with an invoice in a simple and secure way. The Invoice will be sent from swissbilling separately from the order, by email or regular mail, depending on the choice. swissbilling’s services are based on a fixed fee and a User’s maximum order for the first purchase is CHF 3,000. The invoice is payable within 30 days. For security matters, shipping address and billing address must be identical. swissbilling reserves the right to have a credit check control done through its partner CRIF AG in Zurich (Tel.: +41 (0) 44 913 50 50, www.crif.ch).

VI. Contents and availability of tourist offers

Information on services is compiled by the service providers, who are responsible for it. MRAG cannot check the accuracy of details given by third-party service providers and so cannot provide any guarantee or accept any liability in the case of incorrect, unclear or incomplete information.

The services published in the Online Shop are not binding offers. Until a binding booking is made, the contents and availability of services, prices, etc. can change at any time.

VII. Use of services

The service provider alone is responsible for providing services booked.

The scope of services is determined by the details communicated in writing by MRAG or the service provider – primarily the booking confirmation and secondarily the service description published in the Online Shop.

The availability of hotel facilities (e.g. wellness facilities) listed in publications cannot be guaranteed..

The User is liable for all participants that the User registers for the services. These General Terms & Conditions are binding for all participants.Cancellation of a completed booking by the User is not possible, except where this was expressly agreed on conclusion of the contract (e.g. through corresponding declarations in a publication of the service provider). The right is reserved to apply the provisions for package tours in chapter “B. Special conditions for package tours”.

If a service cannot be provided fully or partially because of an unforeseeable and unavoidable event (force majeure, e.g. natural hazards, pandemic, government directives), the User is not entitled to reimbursement of payment made, and all claims for compensation shall be excluded. If a service organised by MRAG is cancelled by MRAG for other reasons, providing the regulations for package tours in chapter “B. Special conditions for package tours” apply, the User is entitled solely to reimbursement of the payment already made, and all further claims shall be excluded.

VIII. Responsibility of the User

The User acknowledges that use of the Internet inherently carries certain risks. The User is personally responsible for securing adequate protection against malware and other malicious software (viruses etc.). Neither MRAG nor its partners or booked service providers are obliged to protect the User from such dangers by means of special software etc.

IX. Responsibility of MRAG; exclusion of liability

Except in cases where MRAG itself is the organiser of a service, MRAG is not a contracting party for services booked, and therefore is not liable for the correct performance of the contractually booked services by the service provider. Should the User not be satisfied with the services supplied or suffer injury or damage, the relevant service provider should be contacted directly. The service provider is exclusively responsible for dealing with complaints etc.

MRAG provides the Online Shop free of charge for the User’s benefit. MRAG does not guarantee uninterrupted access to the Online Shop and shall not be liable for any possible interruption to the service. In particular, MRAG reserves the right to suspend the service partially or fully during maintenance work etc. MRAG also reserves the right to delete services listed, to suspend operation of the Online Shop fully or partially, and so on. The User has no claim to (uninterrupted) access to the Online Shop. MRAG shall not be liable for mistakes, typographical errors or miscalculations. Furthermore, all liability on the part of MRAG is excluded insofar as legally permissible. These liability rules apply to contractual, quasi-contractual and non-contractual claims. Right is reserved to apply the provisions for package tours in chapter “B. Special conditions for package tours”.

X. Data privacy: information on tourist offers in Valais

Detailed provisions concerning data privacy can be found in the MRAG Data Privacy Statement.

When a visitor sets up an account in the Online Shop, they must supply their e-mail address. If the User agrees to this, MRAG will forward this e-mail address to Valais/Wallis Promotion, Avenue de Tourbillon 11, 1950 Sion, Switzerland (hereinafter “VWP”). VWP will store this e-mail address and use it to make contact in various ways including greeting messages, newsletters and for promotional purposes. Each e-mail contains a link that allows the recipient to have him- or herself removed from the mailing list free of charge. In addition, the User has the possibility at any time to unsubscribe from this service by sending an e-mail to newsletter@valais.ch.

XI. Binding language

The General Terms & Conditions have been drafted in German, French and English. In the event of discrepancies, the German version is definitive.

XII. Applicable law and place of jurisdiction

The legal relationship with MRAG is subject exclusively to Swiss law, to the exclusion of the Vienna Convention (CISG) and the provisions of private international law.

The sole place of jurisdiction is Sion, Switzerland.

B. Special conditions for package tours

XIII. Scope of application

The provisions in this chapter, “B. Special conditions for package tours”, apply in addition to the chapter “A. General conditions” only when the service delivered can be considered as package travel as defined in art. 1 FAPT and MRAG is the organiser as defined in art. 2 para. 1. “User” in the following denotes the consumer as defined in art. 2 para. 3 FAPT.

XIV. Price increases and other contractual changes

MRAG reserves the right to increase the contractually agreed price of a package tour in the following cases:

• increase in transport costs, including the cost of fuel • increase in dues chargeable for certain services • Exchange rate changes • miscalculations and publishing errors.

Users must be notified of such price changes by e-mail no later than three weeks before the date of departure. In the case of a price increase of up to 10%, MRAG may debit the additional amount direct from the User’s credit card. If the price increase is more than 10% of the originally booked tour price, the User has the right to cancel the contract free of charge within five days of receiving notification. The User must inform MRAG in writing if they decide to cancel the contract. In this case, the User may, where possible, book an alternative tour. If this alternative tour costs less than that originally booked, the User is entitled to demand reimbursement of the difference in value; this will be refunded to the User’s credit card. Further claims for compensation shall be excluded.

The User also has the right to cancel the contract as per the above paragraph if MRAG makes significant changes to essential contract terms after conclusion of the contract.

XV. Cancellation by the user

The User can terminate the contract at any time before departing on the tour. Cancellation must be made in writing and becomes binding upon written confirmation by MRAG. Cancellation fees are calculated on the basis of the time at which MRAG receives notification of the cancellation. A notification received on a Saturday, Sunday or public holiday counts for the following working day.

In the event of termination of a contract, the User shall pay MRAG a processing fee of CHF 100 per person and per tour (but a maximum of CHF 200 per contract), along with the cancellation charges, specified in the appendix, which depend on the time of cancellation. The right to claim further compensation is reserved. In the case of services supplied by third parties (e.g. hotel services), the terms of cancellation of the third party take priority. MRAG is entitled to charge all administration and cancellation fees incurred to the User’s credit card.

If several people have booked a tour or package tour and one or more of these people cannot take part in the relevant tour (reduced booking), this reduced booking is considered as a cancellation for the non-participating person(s). As a result of this reduced booking, the non-participating person(s) will incur the processing and cancellation charges mentioned above.

If the User suggests a substitute who is ready to enter the contract in their place with the same rights and obligations and undertake the tour under the agreed conditions, only the processing fee and any additional costs will be incurred along with the tour price. The substitute must fulfil all travel requirements, and the change must be accepted by the service providers. The User and the substitute shall be jointly and severally liable for payment for the tour and any additional costs.

XVI. Cancellation of the tour by MRAG

Package tours offered by MRAG may be based on a minimum number of participants. If this minimum number of participants is not reached, MRAG may cancel the package tour by e-mail no later than three (3) weeks before the planned start of the tour.

MRAG may also cancel the tour in the event of unforeseeable and unavoidable events (force majeure, e.g. natural hazards, pandemics, government directives), about which MRAG will notify the User as quickly as possible.

In such cases, MRAG will reimburse to the User all payments already made, by crediting the User’s credit card. Alternatively, where possible, the User may choose to undertake an alternative tour. If the replacement tour costs less than the tour originally agreed, the User can demand reimbursement of the difference to the User’s credit card. Further claims for compensation shall be excluded.

XVII. User's obligations

The User is responsible for payment of the tour cost for all participants.

The User must immediately check all documents sent to him or her (e.g. invoice, travel confirmation, travel documents) to ensure they are accurate, complete and in particular that they match the booking, and must inform MRAG of any discrepancies immediately in writing.

The User is responsible for finding out about passport and visa requirements in force as well as any health formalities before making a booking, and also for abiding by them.

It is incumbent upon the User to arrive at the right time and place to benefit from the contracted service. If the User is late, the obligation to provide the service shall lapse without substitution.

The User is solely responsible for establishing whether their state of health meets the requirements of the planned tour.

The User is personally responsible for obtaining the required or recommended insurance cover (including insurance covering cancellation costs).

If the User fails to fulfil their obligations, MRAG shall bear no liability for any consequences, and any claims to compensation by the User for defects will be considered void.

XVIII. Defective services, complaints

If the User has cause for complaint during the tour, they must immediately inform the service provider as well as MRAG. MRAG will endeavour to find an appropriate solution; the User is in turn obliged to make every reasonable effort to contribute to a resolution of the problem and minimise possible damages.

If no appropriate solution can be found there and then, the User must demand a written confirmation from the service provider, which specifies details of the complaint. The service provider is not authorised, however, to recognise any claims by the User.

The User must submit their complaint to MRAG in writing, along with the confirmation of the service provider, within 30 days of the agreed end of the tour. If these conditions are not complied with, any claim for damages will be forfeited.

In any case, any warranty claims by the User are subject to a limitation period of one year from the agreed date of the end of the tour. Warranty claims may not be assigned to third parties.

XIX. Liability

MRAG shall be liable exclusively within the scope of these General Terms & Conditions.

Liability for all damages other than personal injury is limited to double the net tour price in the case of each contract.

If the User undertakes a replacement tour organised by MRAG, and the cost of this tour is lower than the cost of the tour in the contract, MRAG’s liability is limited to the reduced value of the replacement tour.

XX. Communication

All communication with the User shall take place via the User’s e-mail address stored in the system. The User is responsible for forwarding messages from MRAG to all tour participants without delay.

Appendix: Cancellation charges

For tickets for public transport (train, bus, car transporter rail service, etc.), tickets for cable cars, chairlifts, etc. (single rides, ski passes, etc.) and entry tickets for cultural and sporting events, the cancellation fee is always 100%, unless expressly agreed otherwise at the time of booking.

If the visitor cancels the contract, the service provider, represented by MRAG, charges the visitor the following cancellation fees:

a) The conditions listed in the product description are generally applicable to the accommodation. If these are not evident, the following apply:

• 30 days before arrival: none  • 29 - 22 days before arrival: 50% of the total price • 21 - 15 days before arrival: 80% of the total price • 14 - 0 days before arrival: 100% of the total price

b) Day trip, break with accommodation, activities, snow sports schools and equipment rental:

In principle, the conditions listed in the product description are applicable. If these are not clear, the following conditions apply: 

• 30 days before arrival: none  • 29 - 15 days before arrival: 50% of the total price • 14 – 7 days before arrival: 80% of the total price • 6 - 0 days before arrival: 100% of the total price