1. General

The General Terms and Conditions (GTC) apply to all services and products (hereinafter ‘services’) provided by Werner Mändli AG (hereinafter ‘Rhyfall Mändli’).

 

2. Contract

The contract between the customer and Rhyfall Mändli shall be deemed concluded upon purchase of one or more services. These GTC are deemed to have been accepted without reservation from this date.

 

3. Services

Rhyfall Mändli’s services are specified in the descriptions of the lines.

 

4. Prices and terms of payment

The binding prices are published online. Unless otherwise stated, the prices are in Swiss francs per person and include value-added tax (VAT) if subject to VAT.

 

5. Tour groups/private charters

a. Terms of payment

The invoice is based on the services ordered by the customer. The tour guide is obliged to reconfirm the exact number of participants divided into adults, children, infants and tour guides in writing on site; if this number differs from the number on the booking, the higher of the two numbers will serve as the basis for the invoice. One tour guide can travel free of charge per 20 people in a tour group. All services must generally be paid for on site or in advance.

 

b. Alterations and cancellation

When the order is confirmed, the trip is booked and the confirmation is binding. The tour group undertakes to inform Rhyfall Mändli in writing of any changes to the itinerary and/or number of participants.

However, the confirmed service can be cancelled free of charge up to 48 hours before the journey. The cancellation must be in writing. Cancellations received after the period of 48 hours before departure will be charged at CHF 100. For no-show groups, delayed starts or cancellation of the journey caused by the participants 100% of the service will be charged. For alterations after the period of 48 hours before departure, a handling fee of CHF 50.00 is due.

 

c. Delays and no-shows

If the group is delayed, the customer is obliged to inform Rhyfall Mändli of this by phone at least 2 hours in advance. If the group arrives more than 30 minutes late without having informed Rhyfall Mändli in advance, departure can no longer be guaranteed and the customer will be charged for 100% of the service. This also applies in the event of a no-show or if the trip is cancelled or aborted by the participants.

 

6. Online tickets

a. Contractual relationship and acceptance of the GTCs

Rhyfall Mändli gives its customers the opportunity to purchase tickets online in accordance with these General Terms and Conditions of Business. The offer to conclude a contract is made by the customer when they place an order on the website www.rhyfall-maendli.ch or https://rhyfall-maendli.ch/tickets/ and initiate a payment transaction. The contract between the customer and Rhyfall Mändli is subsequently concluded on confirmation that tickets have been ordered for the service in question.

 

b. Ticket purchase

The customer is entitled to obtain the services, i.e. to enter and participate in the event, on presentation of a ticket. All passengers, including children under 6 years of age, need a ticket to board the boat. Passengers may be asked to show a valid proof of identity and/or proof of age.

 

c. Reporting of errors

The customer is obliged to check their order for accuracy immediately on receipt (category of visitor, number of participants, prices, event, event date, etc.). Any errors must be reported immediately, i.e. within 2 working days of receipt of the tickets. Once this time limit for reporting errors has expired, the customer is no longer entitled to return their tickets or order new tickets.

 

d. Return/refunding of tickets

As a general rule, tickets cannot be exchanged or returned. Lost or destroyed tickets will not be replaced or refunded to the customer. Tickets are non-transferable. Rhyfall Mändli reserves the right to cancel boat tours and to amend departure times without prior notice. The customer will only be refunded up to the purchase price if a boat tour is cancelled; no other compensation will be paid.

7.  Conditions for boarding the boat

Firearms, knives and any other dangerous objects are strictly prohibited. Please note that the boat’s personnel may, without prior notice, impose additional restrictions on the quantity of personal items that may be brought on board. Food and drink must not be consumed on board the boat.

 

8. Arrival time

It is the responsibility of each passenger/group to arrive on time and to assemble in the designated boarding area or by the ticket counter by no later than 15 minutes before the scheduled time of departure. Rhyfall Mändli cannot be held responsible in the event that passengers miss the scheduled time of departure or are denied boarding due to their failure to observe the conditions.

 

9. Changes to the programme and price

Rhyfall Mändli reserves the right to change its services and prices. If it does so, Rhyfall Mändli will provide information about these changes before the contract is concluded.

Rhyfall Mändli also reserves the right to change the programme of events or individual agreed services in the event of force majeure or if an incident occurs that was neither foreseeable nor avoidable, despite due care being taken. Rhyfall Mändli endeavours to offer the customer equivalent replacement services.

 

10. Cancellation of the service

If compelling reasons, such as force majeure, natural disasters, unrest, strikes, state measures, epidemics etc. make the safe operation of the service considerably more difficult or impossible, Rhyfall Mändli will provide information about the cancellation of the service as soon as possible and shall endeavour to offer an equivalent service.

 

11. Use of images

On purchasing a ticket and/or entering the site, you agree that your image or voice may appear in live or recorded audio, video or photographic material or be reproduced or used in other broadcasts, exhibitions or publications by or at Rhyfall Mändli for any purpose.

 

12. Insurance

Rhyfall Mändli accepts no liability for accidents during the service provision. The customers themselves are responsible for having adequate health and accident insurance.

 

13. Complaints

If the service does not comply with the contractual agreement or if a customer suffers a loss, the customer is obliged to report this defect or damage immediately at the booking office or to the boat’s personnel. If it is not reported immediately, the customer will lose any claims against Rhyfall Mändli.

 

14. Liability

Rhyfall Mändli is liable for personal injury and material damage caused by the company or its employees, in accordance with the following provisions. The relevant provisions of the Swiss Code of Obligations apply in a subsidiary manner. As far as legally permissible, liability is limited to gross negligence and intentional conduct.

Any liability of Rhyfall Mändli for damage to property and personal injury is particularly excluded in the event of accidents caused by

–       non-observance of notices, i.e. disregard of warning signs

–       disregard of warnings and instructions from the boat’s personnel

–       negligent or intentional conduct of the participant.

Any liability for theft or damage to property by third parties is excluded.

 

15. Data protection

Rhyfall Mändli is obliged to observe the applicable data protection legislation in handling and processing all customer data and customer usage data. Customer information is only used to maintain and improve customer relationships, quality and service standards, to maximise operational safety or in the interest of promoting sales, designing products and preventing crime. The customer hereby acknowledges and agrees that, in cases of joint provision of services in cooperation with third parties, Rhyfall Mändli is entitled to make customer’s information available to the third parties in question to the extent that this is necessary in the interest of the provision of services. Otherwise, customer information shall only be disclosed to third parties with the express consent of the customer. The sole exception is if Rhyfall Mändli is required to give personal information to third parties by law.

 

16. Applicable law and place of jurisdiction

The legal relationship between Rhyfall Mändli and the customer shall be governed exclusively by Swiss law. Subject to mandatory jurisdictions, Schaffhausen is the exclusive place of jurisdiction.