General terms and conditions (GTC)
General Contractual and Travel Conditions of Big Cats of India LLC (V1.0, November 2018)
These General Terms and Conditions of Business and Travel ("GTC") apply to the entire business area of Big Cats of India LLC (hereinafter "Company"). The company is specialised in consulting, arranging and organising tiger safaris in India. The present General Terms and Conditions of Business and Travel regulate the legal relationship between the customers and the company as a tour operator and intermediary.
2. Conclusion of contract
The contract is concluded with the confirmation of the written, by telephone, electronic (online) or personal booking by the customer. The contract is established in any case when the customer makes use of the services offered by the Company and/or pays the invoice.
Unless otherwise stated, all prices are quoted in Swiss francs (CHF) or American dollars (USD). All prices are exclusive of any applicable value added tax (VAT) and exclusive of any other applicable taxes. The Company reserves the right to increase the prices stated in the leaflet / on the website in the event of a subsequent increase in transport costs, including fuel costs, due to the following events:
government charges and fees, such as landing fees, airport taxes, embarkation and disembarkation fees, taxes, etc. are increased or introduced;
the exchange rates applicable to the tour in question change;
general changes are made to elements of the itinerary (route changes, accommodation, means of transport, and so on).
The Company shall be entitled to increase prices for such reasons no later than three weeks prior to the date of departure and will communicate such price change to the customer. For tours during and around Christmas/New Year between December 21 and January 5, special conditions and prices apply, to which the Company will notify the customer upon request.
After the conclusion of the booking contract, the customer must make a deposit of 75% of the booking price within 10 days. The remaining amount must be paid by the customer within 30 days of receipt of the invoice, but no later than 40 days before the start of the trip. The company offers the customer the following payment options: prepayment, bank deposit. If the invoice is not paid within the aforementioned payment period, the customer automatically falls into arrears. The customer shall owe interest on arrears of 5% (five percent) from the time of delay. It is not permissible to set off the invoiced amount from any claim the customer may have against the company. If the deposit is not received by the Company within 10 days of the booking date, the Company reserves its right to cancel the booking.
5. Amendment of the contract by the Company
5.1 General modifications to the tour program
The Company reserves its right to change the itinerary, services and prices of the booking. Should this be the case, customers will be informed in good time. If such a program change leads to a substantial change in the booked trip, the customer can either accept the contract change or withdraw from the contract. Minor program changes for which an equivalent replacement can be offered (e.g. choice of other accommodation or other means of transport) do not entitle the customer to withdraw from the contract. Withdrawal from the contract must be made in writing by registered mail to the Company within five days of receipt of the notification regarding the amendment to the contract, otherwise the amendment to the contract shall be regarded as approved. If the customer withdraws from the contract within the period of five days, he shall be entitled to a refund of the payments already made.
5.2 Short-term modifications to the itinerary before or during the trip
Program changes shortly before or during the trip may occur. The Company will make every effort to avoid delays, but cannot exclude travel delays (e.g. flights) of 1 to 2 days, which are beyond its responsibility. Additional costs resulting from such changes in flight and travel times shall be borne by the customer and/or his insurance company. The Company also reserves the right, in the interest of the customer, to change programs or single contracted services (e.g. accommodation, mode of transport, means of transport, airlines, activities) if unforeseen circumstances so require. In particular, the Company shall not be liable for changes in the travel program caused by force majeure, government orders, strikes, weather conditions or delays by third parties for which the Company is not responsible. However, the Company shall endeavor to provide equivalent compensatory services.
5.3 Cancellation of the tour by the company
If the tour must be cancelled for a reason for which the Company is responsible, the customer shall be entitled to a refund of the amount already paid for the booking. A claim for damages (and also for consequential costs) is excluded. Since the booking of international flights is not included in the company's offer, a refund for such already booked flight tickets must be settled directly with the respective airline. The company does not assume any liability for this and cannot provide any replacement. If the minimum number of participants required for a tour as stated in the travel leaflet or on the website is not reached, the Company may cancel the tour no later than three weeks prior to the departure date. In this case, the customer is entitled to a refund of the already paid booking price. A claim for damages is excluded. If the execution of the tour is significantly impeded, endangered or rendered impossible due to force majeure (e.g. natural disasters, epidemics, unrest, official regulations, strikes, etc.), the company can cancel the tour at any time. In this case, the customer is entitled to a refund of the travel price already paid. A claim for damages is excluded here as well.
6. Interruption, early termination of the trip and services not used by the customer
If the customer has commenced the tour and terminates it prematurely, he has no claim to reimbursement of the booking costs. The company's local representative or the booking office in Switzerland will assist as far as possible in organizing the early return journey. The resulting costs shall be borne by the customer in any case. This also applies to services which the customer does not make use of during the trip. If the company receives a refund for such services from the partners, it will pass this on to the customer.
7. Entry requirements, visa and health regulations
The customer is responsible for the compliance with the respective passport, visa and health regulations (vaccinations, etc.) as well as for compliance with entry regulations (customs, foreign exchange, import regulations, etc.). The Company informs in advance about the entry and visa regulations. However, the customer must obtain the necessary visas himself. For the current risk situation in the country of travel, the Company refers to the official body of foreign affairs of your country of residence such as the EDA for Switzerland (www.eda.admin.ch/reisehinweise), the US Bureau of Consular Affairs (https://travel.state.gov) and the UK Government (www.gov.uk/foreign-travel-advice) as well as the health recommendations of Safetravel Switzerland (www.safetravel.ch). By commencing the journey, the customer confirms that he/she is aware of these travel warnings and agrees to commence the journey at his/her own risk. In case of pregnancy the customer is obliged to inquire about the transport conditions (airline, etc.) before booking and to inform the Company. If transport is refused due to pregnancy, any liability on the part of the Company will be rejected.
All disadvantages and costs arising from non-compliance with these regulations shall be borne entirely by the customer. The transport of animals is not permitted.
The taking out of suitable insurance policies is the sole responsibility of the customer. The conclusion of a cancellation and/or return journey insurance is expressly recommended and should cover the following risks: rescue, salvage, search and repatriation costs as well as the costs for a cancellation for compelling reasons. No baggage, theft, accident or health insurance is included in the price. The Company expressly recommends the customer to take out appropriate insurance against such risks.
9. Cancellation of the trip by the customer
The cancellation of a booked trip must be made in writing by registered mail to the company. The travel documents already received must be returned. A cancellation fee of CHF 100.00 per person will be charged. In addition to the cancellation fee, the following cancellation costs will be charged:
If the cancellation takes place within the following period:
121 – 60 days prior to departure: 35 % of the booking price
59 – 30 days prior to departure: 50 % of the booking price
less than 29 days prior to departure: 100 % of the booking price
If the customer does not arrive or does not arrive on time at the agreed starting point of the tour or does not have the necessary travel documents (including vaccination certificates, visas, etc.), the entire booking price is due in any case. Personalized services that have been pre-financed by the company and cannot be transferred (e.g. flights) will be invoiced to the customer in full if the customer withdraws from the booking, regardless of any cancellation period.
The Company guarantees that the agreed services will be provided in the quality customary to the industry.
11. Flight bookings
The booking of the international flights and the payment of the corresponding flight tickets is the sole responsibility of the customer and not included in the offer. The Company does not accept any liability or refund for this. The contract conditions of the flight provider apply. Ticket costs cannot be refunded under any circumstances. The timely arrival at the point of departure as well as at the starting point of the journey offered by the Company is the sole responsibility of the customer. Sufficient time should be allowed for this when booking the flight.
If the Company procures individual external services (such as flights etc.) on behalf of third parties, the conclusion and content of such contracts with the customer shall be governed exclusively by the relevant statutory provisions and conditions of the third party contractual partner. A liability of the Company for these external services is, as far as legally possible, excluded.
13. Complaints by the customer
The customer must submit any complaints immediately in writing to the company or the responsible tour guide. The Company or the tour guide will do his/her best to remedy the shortcoming within a reasonable period of time. If the customer wants to claim defects, refunds or claims for damages against the company after the end of the trip, he must notify the company of his complaint in writing and by registered mail within one month of the contractual end of the trip at the latest.
The Company shall ensure that the tour is organized and carried out in a flawless and contractually compliant manner. If international agreements and national laws provide for limitations on compensation for damages arising from non-performance or improper performance of the contract, the Company shall in any event be liable only to the extent of the applicable agreements and laws. Any liability of the Company shall be excluded if and to the extent that the non-performance or improper performance of the contract is due to the following events:
failures on the part of the customer;
unforeseeable or unavoidable failures of third parties who are not involved in the performance of the contractually agreed services and for whom the Company is not responsible;
force majeure or an event which the company could not foresee or avert despite all due care.
The Company shall be liable for personal injury resulting from the non-fulfilment or improper fulfilment of the contract within the framework of these General Terms and Conditions of Business and Travel and the applicable international agreements and national laws.
The Company's liability for other damages such as damage to property and financial loss resulting from non-performance or improper performance of the contract shall be limited to a maximum of twice the amount of the booking price, except in the case of damages caused intentionally or by gross negligence. In any case, any lower liability limits provided for in the relevant international agreements and national laws shall remain reserved.
The Customer is aware that the tours carried out by the Company may involve increased risks if and to the extent that they take place in potential risk regions, in particular
(a) where the particular hazards include mental and physical limits that are not always clearly identifiable, or
(b) where there is no or very limited transport or medical infrastructure.
The Company undertakes to prepare the tour carefully, but cannot foresee all risks and eventualities. In view of these risks, participation is at one's own risk. The company's liability in such cases is limited to deliberate intent and gross negligence.
15. Data protection
The customer expressly agrees that the Company may process and use the data collected within the framework of the conclusion of the contract to fulfill its obligations under the contract. The Company shall take all measures which appear possible and reasonable and which are necessary to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged by order of courts or authorities and entitled to disclose information from the customer to these or third parties. If the customer has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the fulfilment of the service can in such case also be passed on to commissioned service partners or other third parties.
These General Terms and Conditions may be changed by the Company at any time. The new version will be effective 30 (thirty) days after the Company's online publication. The version of the GTC which is in force at the time of the conclusion of the contract shall apply to the customers, unless the customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which further specify the provisions of these GTC shall take precedence over these GTC.
18. Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.
19. Applicable law / Place of jurisdiction
These GTC are subject to Swiss law. As far as no mandatory legal regulations take precedence, the court at the seat of the Company is the competent court. The Company shall be free to instigate legal proceedings at the domicile of the defendant.