AVB
1. APPLICATION
1.1 These AVB apply to contractual relationships between a guest and a service provider. Service providers within the meaning of these AVB are - mountain guides - mountain guide aspirants who offer guided mountain sports activities
1.2 These AVB only apply if this has been agreed by the contracting parties. A reference to the AVB by the service provider is sufficient for this, be it verbally, in writing (by e-mail, text message or similar) or on the website.
1.3 The AVB only apply on a subsidiary basis, the relevant mandatory provisions of the Federal Act on Package Travel (SR 944.3) and the Code of Obligations (SR 220) and the individual agreements between the service provider and the guest take precedence over the AVB.
2. CONCLUSION OF THE AGREEMENT
2.1 The contract is deemed to have been concluded as soon as the guest and the service provider have mutually expressed the intention to undertake a mountaineering activity as a guide at a specific point in time.
2.2 The contract can be concluded verbally or in writing (e-mail, text message, online form, letter, etc.).
2.3 If the service provider issues a written order confirmation after an oral contract has been concluded, its content is binding for both parties if the guest does not object within three days of receipt of the order confirmation.
2.4 Both parties can demand that the contract be concluded in writing. An exchange by e-mail or text message is sufficient for this. A letter with a handwritten signature is only necessary if this is expressly requested by one of the parties.
3. QUALITY ASSURANCE
3.1 Quality assurance by the manager
3.11 The manager is obliged to carry out their managerial work carefully in accordance with the currently applicable technical alpine standards. However, it cannot guarantee absolute security. There remains a residual risk inherent in mountaineering. The guide must inform the guests about this residual risk.
3.12 The manager guarantees to be qualified for the planned activity and to have a corresponding RiskG permit.
3.13 The manager guarantees that he will only call in other people who are qualified for the planned activity and have a corresponding RiskG permit.
4. GUEST PARTICIPATION
4.1 Personal responsibility: The guest bears personal responsibility corresponding to his knowledge and skills.
4.2 Acceptance of the residual risk: The guest accepts the residual risk inherent in mountain sports, which also exists with careful management work.
4.3 Information
4.31 The guest is obliged to provide the service provider with information on all aspects relevant to the safe and successful implementation of the planned activity. This applies in particular to alpine skills, physical condition and any health problems.
4.32 If the service provider has provided a detailed description of the requirements, the guests are obliged to carefully check whether they meet these requirements. They are also obliged to inform the service provider of any problematic aspects as early as possible.
4.4 Safety-related instructions During the mountaineering activity, the guest is obliged to strictly follow the safety-related instructions of the guide. Furthermore, he is obliged to participate according to his alpine technical and physical abilities.
5. INSURANCE
5.1 Liability
5.11 The manager has the legally required professional liability insurance with coverage of at least CHF 5 million per claim.
5.12 The guest is recommended to take out personal liability insurance, which also includes mountaineering activities.
5.2 Cancellation costs: It is up to the guest to take out the following (recommended) insurance in their own name and for their own account: Cancellation costs insurance (contract cancellation insurance)
5.3 Illness and Accident
5.31 The guest is responsible for sufficient health and accident insurance, which also includes search, rescue and repatriation costs.
5.32 The guest is recommended to become a member of the Swiss air rescue service Rega.
6. CHANGE OF PROGRAM
6.1 Substitute Tour
6.11 If the agreed tour is impossible (weather, conditions, etc.), the service provider is entitled and obliged to offer the guest a replacement tour or an alternative mountaineering activity for the agreed period of time.
6.12 If the guest agrees to the replacement tour or alternative activity, the service provider has the right to carry out the replacement tour or alternative activity at the originally agreed fee.
6.13 If the guest rejects the alternative tour offered or the alternative activity, the service provider can cancel the tour in accordance with Section 7.12 or cancel it in accordance with Section 8.13.
6.2 Alternative tour area / alternative course location
6.21 If the agreed tour area or the agreed course location is not accessible or not suitable (weather, conditions, etc.), the service provider is entitled and obliged to offer the guest an alternative tour area or an alternative course location for the agreed period of time.
6.22 If the guest agrees to the alternative tour area or course location, the service provider has the right to carry out the activity at the originally agreed fee. Any cancellation costs in connection with the originally planned tour area or course location shall be borne by the guest.
6.23 If the guest rejects the alternative tour area or the alternative course location, the service provider can make a cancellation in accordance with Section 7.12 or an end in accordance with Section 8.13.
7. CANCELLATION
7.1 Cancellation by Service Provider
7.11 If the Service Provider has to cancel an Agreeable Activity prior to its commencement for a reason that is within its personal sphere of risk (e.g. illness, accident, family events), no compensation is owed to either party.
7.12 If the service provider has to cancel an agreed activity for a reason that is beyond his personal risk (e.g. bad weather, unfavorable conditions on the mountain, disrupted transport connections) and the guest does not agree with the offered alternative (Sections 6.1, 6.2), the guest owes 100% of the fee for the agreed tour or course days. In addition, the guest must bear the cancellation costs incurred for booked means of transport, accommodation, etc.
7.2 Cancellation by the guest If the guest cancels, he/she must bear the full amount of the cancellation costs incurred (means of transport, accommodation, etc.) and pay the fee to the following extent:
in the event of cancellation 60 to 31 days before the start of the agreed activity, 20% of the fees;
in the event of cancellation 30 to 15 days before the start of the agreed activity, 50% of the fee;
100% of the fee if canceled 14 days or less before the start of the agreed activity.
8. ABORT
8.1 Termination by Service Provider
8.11 If the service provider has to cancel a one-day activity that has already started for safety reasons (weather, conditions, excessive demands on the guest, etc.), the guest owes the full amount of the fee.
8.12 If the service provider has to cancel an activity that has already begun and last several days for a reason that is within his personal risk area (e.g. illness, accident, family events), the guest owes compensation for the management work already performed, otherwise no compensation is owed on either side. In this case, the cancellation costs for booked accommodation, means of transport, etc. are borne by the service provider.
8.13 If the service provider has to cancel an activity that has already begun and last several days for a reason that is outside his personal risk area (e.g. bad weather, unfavorable conditions on the mountain, disrupted transport connections), and if the guest is unable to use the offered replacement (Sections 6.1, 6.2) do not agree, the guest owes 100% of the fee for the agreed tour or course days. In addition, the guest must bear the cancellation costs incurred for booked accommodation, means of transport, etc.
8.14 If the service provider has to interrupt an activity that has already started because the guest violates his duty to provide information or to cooperate or does not follow the safety-related instructions of the manager (Section 4.3, 4.4), the guest owes the full amount of the remuneration for the agreed days and must bear all costs arising from the cancellation of accommodation, means of transport, etc.
8.15 If the service provider has to break off or interrupt an activity that has already started in order to help mountaineers in need, the guest also owes payment for the time of the assistance to the external mountaineers.
8.2 Evacuation If the service provider has to have an evacuation carried out for safety reasons (storm, exhaustion of the guest, material breakage, etc.), the guest must bear the costs incurred in full. Several guests have to share the costs equally.
8.3 Cancellation by Guest
8.31 If the guest breaks off an activity that has already started, he owes the service provider full payment for the agreed days and must bear all costs arising from the cancellation of accommodation, means of transport, etc.
9. INTERRUPTION / DAY OFF
9.1 Service Provider Interruption
9.11 In the case of engagements lasting several days, the service provider can provide for an interruption of one or two days for reasons that lie outside his personal risk area (weather, conditions, etc.). An interruption is only possible if the prospects are good that the agreed activity can then be continued.
9.12 If the agreed activity is interrupted, the service provider must, if possible and reasonable, offer a replacement (section 6.1, 6.2). If the guest does not agree with the replacement offered, the guest owes 100% of the fee for the days of the interruption. In addition, the guest must bear any cancellation costs for accommodation, means of transport, etc.
9.2 Interruption by the guest If the guest requests a day off for a multi-day engagement, the guest owes the full fee.
10. COMPENSATION
10.1 Components of Compensation
10.11 The remuneration consists of the fee for the actual service (section 10.3), compensation for the travel time (section 10.4), additional costs (section 10.5) and possibly VAT (section 10.6).
10.12 The components of the remuneration can be shown individually or a flat rate can be agreed.
10.2 Methods of payment
10.21 The modalities for payment of the fee are specified by the service provider.
10.22 If the service provider does not specify anything, the guest must pay 50% of the total fee as a deposit before the planned activity, and the remaining 50% within 10 days of receipt of the invoice. The invoice can be made in writing (e-mail, letter, etc.) or verbally.
10.23 If the guest does not pay the deposit as agreed or as specified in para.
10.22 provided, the service provider can withdraw from the contract without any consequences for compensation.
10.3 Fee
10.31 Agreed fee The amount of the fee corresponds to what the contracting parties agree on for the specific case.
10.32 No agreement on the fee If there is no agreement on the amount of the fee, the guest owes the service provider a fee in the amount customary for the activity in question. The usual fee is based on the peak tariff if one is listed on the SBV website (section 10.35). Otherwise, the usual fee is based on the guideline rate for the daily fee (section 10.33/10.34).
10.33 Daily fee The fee can be set as a daily fee. The duration of the entire order, the length and difficulty of the tours, the conditions on the site, the number of guests, the personal circumstances of the guests and the seasonal workload of the service provider usually have an influence on the amount of the daily fee.
10.34 Guide values for the daily fee The guide values of the SBV are mere recommendations. They are adjusted periodically and are currently included: - CHF 650 to CHF 850 for the service of a mountain guide
10.35 a.m. Fee according to the summit tariff The SBV website contains so-called summit tariffs for numerous mountains. These represent a mere recommendation from the respective local or regional mountain guide associations. If a service provider bases its fee on the summit tariff, it must be taken into account that this tariff refers to a single guest and to good conditions. The peak rate must therefore be adjusted to the circumstances of the specific order (number of guests, personal circumstances of the guest, conditions on site, seasonal workload of the service provider).
10.4 Travel Time Compensation
10.41 Travel time means the time spent by the service provider - for the journey from the place of residence and a possible ascent to the hut on the day before the guided activity - for a possible descent from the hut and the journey home to the place of residence on the day after the guided activity.
10.42 The amount of compensation for the travel time corresponds to what the contracting parties agree on for the specific case.
10.43 If there is no agreement on compensation for travel time, the guests owe the service provider the following amounts: For arrival and boarding the day before - CHF 400 if the service provider has to leave his place of residence before 9:00 a.m.; - CHF 300 if the service provider has to leave his place of residence between 9:00 a.m. and 3:00 p.m.; - CHF 200 if the service provider is able to leave his place of residence after 3:00 p.m. For descent and return home the day after - CHF 400 if the service provider reaches his place of residence after 3:00 p.m.; - CHF 300 if the service provider arrives at his place of residence between 12:00 p.m. and 3:00 p.m.; - CHF 200 if the service provider reaches his place of residence before 12:00 p.m.
10.5 Incidental Charges
10.51 The ancillary costs include the actual costs incurred for the journey there and back, for local transport (mountain railways, bus, taxi, etc.), for accommodation and meals (meals and drinks in hotels, restaurants and huts, tea).
10.52 Guests are responsible for their own additional costs. In addition, they owe the service provider compensation for its additional costs.
10.53 The service provider charges CHF 0.70 per km for the journey home and home if he travels in his private car. If you arrive by public transport, the service provider will charge you for a 2nd class ticket.
10.6 Value added tax If the service provider is subject to value added tax, the value added tax will be charged in addition to the fee and compensation for the travel time.
11. MATERIALS
11.1 Service Provider Material
11.11 The service provider bears the costs for his own material and the jointly required material (rope, quickdraws, ice screws, etc.) himself.
11.12 The service provider provides the jointly required material in perfect condition at no additional cost to the guest.
11.2 Guest Materials
11.21 The guest bears the costs for the material he personally needs himself.
11.22 The service provider ensures that the guest is informed in detail in good time about the material that he personally needs.
11.23 The Service Provider may be able to provide the Guest with rental material. The service provider is responsible for ensuring that the rental material is in perfect condition. The guest must pay reasonable compensation for the rental material. If the amount of compensation is not specified, it will correspond to the values customary in the market.
12. GOVERNING LAW / JURISDICTION
12.1 Swiss law is applicable, even if the order is fulfilled abroad or if the guest is resident abroad.
12.2 The place of jurisdiction is determined by the domicile or registered office of the service provider. The ordinary courts are responsible.
13. SPECIAL PANDEMIC REGULATION
13.1 Applicability
13.11 This special regulation applies as long as a pandemic lasts and there are legal requirements and restrictions related to the pandemic.
13.12 Insofar as a special provision is provided below, this takes precedence over the normal AVB in Sections 1 to 12. 13.2 Deposit
13.21 The guest is obliged to pay the service provider a deposit of 50% of the agreed fee to confirm the booking.
13.22 The booking is only binding from the moment this deposit is credited to the Service Provider's account.
13.3 Cancellation
13.31 If a guest has to cancel because he is ill and has to go into isolation, because he has to go into quarantine as a result of contact with a sick person or because he cannot provide a certificate for the entire duration of the activity, the cancellation rule of para. 7.2.
13.32 If a foreign guest cannot travel to the place of the booked activity due to Covid-19 regulations of an official state authority, he owes the service provider 50% of the agreed remuneration. The service provider has the right to keep the deposit paid by the guest. In addition, the guest must bear all costs resulting from the cancellation of accommodation, means of transport, etc.
13.4 Information and Control
13.41 The service provider informs the guest in good time about the measures applicable due to the pandemic. If overnight stays in a hut are planned, the service provider will check before setting out whether the guest meets all the requirements for staying in the hut.
13.5 Cancellation If an activity has to be canceled because the guest is ill, the guest owes the entire fee for the agreed time.