General Terms and Conditions of Werner Mändli AG
The General Terms and Conditions (GTC) apply to all services and products (hereinafter ‘services’) provided by Werner Mändli AG (hereinafter ‘Rhyfall Mändli’).
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.
Rhyfall Mändli’s services are specified in the descriptions of the lines.
4. Prices and terms of Payment
The binding prices are published in the price brochure and/or on the Internet. Unless otherwise stated, the prices are in CHF per person and include value-added tax if subject to VAT.
The invoice is based on the services ordered by the customer. The tour guide is obliged to confirm the exact number of participants divided into adults, children, infants and tour guides on site in writing. The confirmed number of participants serves as a basis for the invoice. The invoice is due for payment net within 10 days. All services must, as a rule, be paid for on site.
Services purchased through the online shop cannot be exchanged or refunded.
The reservation date is binding. However, the confirmed service can be cancelled free of charge up to two days 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.
6. 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.
7. 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.
Rhyfall Mändli accepts no liability for accidents during the service provision. The customers themselves are responsible for having adequate health and accident insurance.
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.
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.
11. 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.
12. 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.