General contractual and travel provisions
Moby Dick Tours GmbH is a brand of TS Travel Smart GmbH, hereinafter referred to as Travel Smart.
1.Subject of the contract
a) The contract between you and Moby Dick Tours GmbH (in the following called Moby Dick Tours) comes off with the unconditional acceptance of your written, telephone or personal registration. From this moment on the rights and obligations from the contract (including these general terms and conditions) become effective for you and Moby Dick Tours. Moby Dick Tours sends the customer a travel confirmation electronically by e-mail.
a) Our services result from the service description according to our website and from the travel documents. Special requests on your part or additional agreements are only part of the contract if they have been confirmed by Moby Dick Tours in writing and without reservation. The services of Moby Dick Tours start at the airport of destination. You are responsible for the arrival and the punctual arrival.
b) Program changes can become necessary by unforeseeable events like weather orhigher force. If a program item cannot be carried out, Moby Dick Tours will search for an equivalent alternative.
3.Number of participants
Moby Dick Tours reserves itself the right to indicate a minimum and a maximum number of participants for the guided group tours. If the minimum number is not reached, we will contact all guests who have booked the tour and ask them if they are willing to pay a surcharge so that the tour can take place. If all participants agree,we guarantee the date immediately. Otherwise Moby Dick Tours reserves the right to withdraw from the contract at least 21 days before the start of the tour.
4. Travel price and terms of payment
a) If not specifically mentioned, our prices are per person in Swiss francs CHF.
b) Unless otherwise agreed, a deposit of 25% must be paid at the time of booking thetrip. This deposit is non-refundable in the event of cancellation if no replacement can be found.
c) The balance is payable 28 days before departure. A late payment or no payment atall entitles Moby Dick Tours to refuse the travel service.
d) If you book your journey less than 30 days before departure, the entire invoice amount is due immediately.
5. Booking fees
a) If you book your trip less than 15 days before departure, it may be necessary to make enquiries at hotels etc.; any telephone or other charges will be invoiced to you.
6. Travel documents
Unless otherwise agreed, the documents will be sent to you after receipt of your deposit. This will be done by e-mail and not in paper form.
7. Cancellation and rebooking costs, travel interruption
a) If you cancel (annul), change or rebook the trip, you must inform us in writing and in due time by e-mail. The date on which your declaration is received by the booking office is decisive for the calculation of the cancellation or change of date; for Saturdays, Sundays and public holidays, the next working day is decisive.
b) In the event of a cancellation, change or rebooking of your trip, a processing fee ofCHF 60 per person and a maximum of CHF 120 per order will be charged. The airfare will be charged to your full account.
c) If you cancel the trip within the following deadlines, the following cancellation costsper travel arrangement apply in addition to the processing fees and the deposit (if no replacement can be found): 90 to 61 days before the start of the trip 20% of the remaining amount, 60 to 31 days before the start of the trip 30% of the remaining amount, 30 to 15 days before the start of the trip 50% of the remaining amount, 14 to 8 days before the start of the trip 80% of the remaining amount, 7 to 0 days before the start of the trip 100% of the remaining amount.
d) Moby Dick Tours strongly recommends that you take out cancellation insurance if you do not already have it privately.
9. Early termination of the trip
If for any reason you should prematurely break off the trip, the price of the travel arrangement cannot be refunded. Possible services not taken will be refunded to you, under deduction of an appropriate handling charge, as long as they are not charged to Moby Dick Tours.
In urgent cases (e.g. own illness or accident, serious illness or death of a close person) our tour guide or the service provider will help you as far as possible with theorganization of the early return journey.
10. Substitute traveller
If you have to cancel your trip, you can name a substitute traveller. The replacement traveller must be willing to enter into the contract under the existing conditions. You and the replacement traveller(s) must pay the processing fee (section 8.b) and any additional costs incurred.
11. Program and price changes
Moby Dick Tours reserves itself expressly the right to change dates, service descriptions and prices in the Internet before your reservation. If this should be the case, Moby Dick Tours will inform you about these changes before conclusion of the contract. In exceptional cases it is possible that the agreed price must be increased. Price increases can result from; a) the subsequent increase of transport costs (including fuel surcharges); b) newly introduced and increased government taxes or fees (such as airport taxes, landing fees, embarkation and disembarkation fees, etc.);c) exchange rate changes or d) government-imposed price increases (e.g. VAT).
12. Program changes, changes in transportation after your booking and before the start of the trip
Moby Dick Tours also reserves the right in your interest to change the travel program or individual agreed services (such as accommodation, mode of transport, means of transport, airlines, flight times, etc.), if unforeseeable or unavoidable circumstances require it. Moby Dick Tours strives to offer you equivalent replacement services. In particular, Moby Dick Tours is not liable for changes in the travel program due to forcemajeure or official measures for which Moby Dick Tours is not responsible. Moby DickTours will inform you as soon as possible about such changes and their effects on theprice.
13. Force majeure, strikes
Events of higher force (e.g. natural disasters, epidemics, unrest), official measures orstrikes can cause Moby Dick Tours to cancel the journey. In such a case Moby Dick Tours will inform you as soon as possible. If the trip is cancelled, Moby Dick Tours willdo its best to offer you an equivalent substitute trip.
14. Your obligation to cooperate, personal requirements
It is essential that you adapt to their customs and traditions when travelling in foreign countries. The tour guide can exclude participants who seriously disturb a group or do not adapt to the rules of the country of travel from the tour. Any return travel costs are at the expense of the participant and the paid travel price will not be refunded.
15. Health requirements
Good health is a prerequisite for participation in whale tours. Any return travel costs are the responsibility of the participant and the paid travel price will not be refunded.
16. Liability and customer money protection
Travel smart (and therefore Moby Dick Tours as a brand of Travel Smart) has the required liability insurance. Moby Dick Tours is not liable for accidents that are not due to gross negligence. For these cases claims are excluded.
Moby Dick Tours is especially not liable if the scope of the contract cannot be fulfilled or can only be partially fulfilled when due to the following cause: a) to failures on yourpart before or during the trip; b) to unforeseeable or unavoidable failures of a third party who is not involved in the provision of the contractually agreed service; c) to force majeure, weather conditions or to an event that Moby Dick Tours and its serviceproviders could not foresee or avert despite due diligence. In these cases any liabilityfor damages by Moby Dick Tours is excluded.
Customer money protection
Travel smart (and thus Moby Dick Tours as a brand of travel smart) is a participant in the guarantee fund of the Swiss travel industry. The Guarantee Fund of the Swiss Travel Industry guarantees to secure the amounts paid by travellers in connection with your booked trip. You can find detailed information at http://www.garantiefonds.ch.
17. Place of jurisdiction
The contractual relations between you and Moby Dick Tours are subject to Swiss law.Exclusive area of jurisdiction is Aarau.Date of issue February 2020