General Terms and Conditions of Business of Crystal Travel AG
Crystal Travel AG's GTCs
(General Terms and Conditions of Business)
General Contractual and Travel Terms
The following terms form an integral part of the contract between Crystal Travel AG and the customer/traveller. The General Contractual Terms or Terms of Carriage of the responsible service company (flight, hotel, hire car, bus, ship, etc.) shall furthermore apply. Hereafter the abbreviation “Travel Agent” stands for Crystal Travel AG and the term “Passenger” for the customer/traveller. According to the Swiss Association of Travel Agents’ guidelines, the Travel Agent can charge the Passenger a fee of CHF 60 to CHF 150 per person for the provision of advice and rendering of a service.
1. Booking Conclusion of contract The contract between the Travel Agent and the Passenger can be concluded in writing, electronically or verbally.
1.1 Complete and correct personal details The Passenger’s surname and forenames given in the Passenger’s passport/ID must be identical to the Passenger’s particulars given when making the reservation (by telephone, in writing and electronically). Subsequent amendments will be invoiced by the service provider as a cancellation/rebooking with corresponding cancellation or rebooking fees. The Travel Agent is not responsible for the consequences of incomplete or incorrect personal details. The Passenger must assume the resulting costs.
2. Prices and invoicing
The Travel Agent can raise prices if prices are subsequently increased by the transport company (e.g. fuel surcharges), in the event of newly introduced or increased taxes or fees (e.g. airport taxes), adjustments occasioned by exchange rates, in the event of printing errors and errors caused by printing technology, in the event of changes in the rate of value-added tax and similar. The price rise will be charged according to the additional costs actually incurred, plus a handling fee of CHF 60 maximum. If the price increase exceeds 10% the Passenger shall be entitled to cancel the contract within 5 days of being informed by the Travel Agent (by telephone, electronically or in writing). In this case the Passenger can cancel in writing only.
A deposit of CHF 800 for European travel and CHF 1,200 for overseas travel is payable per person on booking. The balance must be paid at least 30 days before departure and immediately in the event of late booking. The Travel Agent can refuse to provide the travel services if payment is not made on time. The Passenger shall be responsible for the ensuing cancellation costs.
4. Cancellation and rebooking
4.1 Cancellation/rebooking by the Passenger The service provider’s conditions (accommodation, transport, travel agent, etc.) shall apply. We recommend that the Passenger take out travel insurance.
4.2 Cancellation/rebooking by the service provider The service provider’s conditions (accommodation, transport, travel agent, etc.) shall apply.
5. Passport, visa and immigration regulations
The Passenger is personally responsible for compliance with any important immigration regulations in the country of travel necessary for the journey. The Passenger shall bear any disadvantages which ensue from non-compliance. In addition, the Passenger shall be obliged to inform the Travel Agent if the Passenger is not a Swiss national. If the Passenger instructs the Travel Agent to obtain the necessary visa, the Travel Agent shall not be liable for its timely issue by the competent diplomatic representation. The Travel Agent cannot be held liable for any delays and expenses which may be incurred in connection with issue of the visa. The booked Passenger shall bear any costs which may be incurred as a result.
6. Outward, onward and return travel times
If the Passenger does not arrive or arrives too late to travel or for another booked service, there can be no refund of the payment for the service. If the Passenger misses the method of travel, he must book the travel again at his expense. This particularly applies in the event of a change of time. The Passenger shall be obliged to confirm the travel times and details with the respective carrier’s office at least 72 hours before travel.
If the services rendered do not fulfil the agreed contract between the Travel Agent and Passenger, or if they are otherwise defective, the Passenger must immediately request assistance, free of charge from the service company which is supposed to render the service. If the Passenger’s intervention does not lead to a solution, he shall be obliged to request written confirmation containing the Passenger’s complaint and its content, from the service company concerned. The defect and any claims for compensation must be notified to the Travel Agent at the latest within four weeks of return to Switzerland.
8.1 Tailor-made holidays The Travel Agent acts as a broker between the Passenger and the transport company, hotel and other service companies. The Travel Agent therefore cannot guarantee that these companies’ services will be perfect. The Travel Agent assures the Passenger that all our contractual partners and service providers are carefully selected. The Travel Agent recommends that the Passenger take out travel insurance.
8.2 Exclusion and limitation Irrespective of whether you are taking a package or tailor-made holiday, claims for compensation are excluded if they can be ascribed to an omission on the part of the Passenger, to unforeseeable or unavoidable omissions by a third party (who is not a service provider), or to force majeure, or if the Travel Agent or service provider was unable to foresee or avert a loss despite the requisite diligence. The compensation limits for losses from non-fulfilment or unsuitable fulfilment of the contract for which provision is made in international treaties are reserved. In all other cases of use of the service provider (flight, railway, ship, etc.), our liability for personal injury is limited to CHF 500,000 per person.
8.3 Amendment/Cancellation of package holidays by the operator In the case of package holidays there can be changes to the accommodation, transport method and means (service provider and times) due to unforeseen circumstances. Changes to packages shall not give rise to claims for compensation (including consequential losses such as loss of income, etc.).
8.4 Delays and cancellation In the event of delays and cancellations by transport companies, the Travel Agent cannot accept any liability for losses such as loss of income, additional nights’ hotel accommodation, meals, etc., irrespective of the reason.
9. Documents for booked service
The Travel Agent will provide the Passenger with the documents according to the booked services, e.g. for flights, accommodation, excursions. If the Passenger is not in possession of the documents by 5 days before departure he must contact the Travel Agent. The Passenger is personally responsible for taking the necessary travel documents with him.
The Travel Agent is a member of the Swiss travel industry’s guarantee fund and thus guarantees that all sums paid by the Passenger in connection with his reserved travel will be safeguarded. The Passenger can find detailed information and the precise regulations in the “Garantiert hin und zurück” (“Guaranteed there and back”) brochure, which he can obtain from the Travel Agent at any time.
Before a legal dispute, the Passenger should contact the travel industry’s independent ombudsman. The ombudsman tries to achieve a fair and equitable settlement to any type of problem. Address: Ombudsman der Schweizer Reisebranche, Postfach, 4601 Olten, Switzerland.
12. Jurisdiction and applicable law
Swiss law alone shall apply to the contractual relationship between the Passenger and the Travel Agent. Notwithstanding compelling legal grounds, the jurisdiction shall also be Zurich.
Zurich, October 2010
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