General terms and conditions of Pajechali Reisen

Dear traveling costumers

Pajechali Reisen (in the following referred to as “Pajechali”) offers traveling adventures with, to some degree, the character of an expedition, in a land, with little to no touristic infrastructure at all. I recognise these travels carefully. Since during our travels we depend on the local circumstances, we explicitly reserve the right of changing the program. Unexpected road-conditions, weather breaks, circumstantial decisions from case to case or similar, may lead to changes of the described or booked travel-route.

1. Registration and confirmation

With your written, electronic, oral or orally by telephone or similar travel registration, you sign a binding travel contract with Pajechali. The contract is binding for all the mentioned participants in the registration form. The costumer has to come up with all the contractual obligations him-/herself and for his/her fellow travellers that he/she mentions in the registration form. He/she also obligates him-/herself for the payment of all booked services and the cancellation costs.

Basis of this service are the travel tenders and complementary information of Pajechali for the individual travels, if they are available for the costumer. The travel contract is binding for Pajechali, when I confirm the booking and the price with my travel confirmation in writing. All arrangements, special requests or similar are to be made in writing. Arranged special requests are to be mentioned in the registration form and its confirmation. If there are any deviations between the travel confirmation an the registration form, I will explicitly inform you.

2. Payment

With the conclusion of the contract the travel price has to be paid within 30 (thirty) days.

For bookings less than 30 (thirty) days before travel start, the whole travel price has to be paid immediately.

If the costumer does not pay the travel price until the agreed due date, Pajechali is legally allowed to withdraw from the travel contract, after giving the costumer a payment reminder with a new due date. Furthermore, Pajechali is allowed to charge the costumer with cancellations costs as mentioned in paragraph 4.

3. Services and Prices and their changes

The capacity of the contractual services come from the service description on the website under “travel offer” and “prices/services” as well as the information in this relation in the travel confirmation.

Pajechali is legally obligated to inform the costumer on any service changes as soon as there is knowledge on the cause of change.

Changes and deviations of individual travel services on agreed content of the travel contract, which are necessary to change after conclusion of the contract, and which are not brought by Pajechali contrary to good faith, are only permissible, if the changes or deviations are not substantial to the total of the booking. For any changes of the travel services, especially because of road- or weather conditions, situational decisions on individual cases etc., Pajechali cannot be held liable.

Pajechali reserves itself the right to change the described and in the booking confirmed prices, in case of a increase of the transportation costs, or if changes of the exchange rate for the described travel occur, to that extent, that the increase will effect the travel price per person or rather per seating, if between the conclusion of the travel contract and the agreed travel date are more than 4 (four) months. In case of a subsequent change of the travel price or a significant travel service, Pajechali must inform the costumer immediately, or in a minimum of 21 (twenty-one) days in advance of the agreed travel date. Increases of the travel price after this point of time are not valid. If there are changes of the travel price of more than 5% (five) or significant changes of the travel services, the costumer can step back from the travel contract without any cancellation costs. The costumer must claim this rights immediately after being informed by the travel organizer of the changes or increases of the travel price in writing.

4. Cancellation by the costumer, rebooking and replacing persons

You may always resign from the travel before its beginning. A travel cancellation insurance is not included.

Pajechali recommends to resign from the travel in writing. Your cancellation becomes effective, as soon as it is received by Pajechali.

If you resign from the travel contract or you do not take on the travel without resigning from the contract, there will be cancellation costs. These costs will consider the usual spared expenses and other generally possible further expenses of the travel service. The cancellation costs are:

• Until 32 days before the start of the travel: 50% of the travel price

• 31 – 15 days before the start of the travel: 75% of the travel price

• 14 – 8 days before the start of the travel: 90% of the travel price

• 7 – 0 days before the start of the travel: 100% of the travel price

After conclusion of the travel contract, the costumer may not claim any changes of the travel date, the travel route, the location of the travel beginning or ending or lodging. However, if a change in the booking or travel route is possible, and if the costumer desires to do so, the travel organizer may charge an additional fee of SFR. 30.- per person or seating, until the first level of cancellation costs, in the above mentioned point in time.

Rebooking wishes, if possible, made later than mentioned above, can only be made, if the costumer cancels the travel contract with the stated cancellation costs and a registers for a new travel. This does not apply to small changes, which only generate little costs.

Spontaneous changes of the travel route are explicitly allowed, if all travellers agree upon the change. If there are any additional costs, it will be divided proportionally among the all travellers.

Until the beginning of the travel, the costumer is allowed to name a substitute person, whereby the substitute person has to meet all points made in the booking confirmation. Pajechali may contradict the entry of that person, if the person can not meet the particular requirements of the travel, or its participation opposes any legal requirements or official orders.

If a substitute person enters the contract, then this person and the costumer are liable towards Pajechali as co-debtor for the travel price and the, because of the substitute person generated, additional costs and rebooking fees.

The costumer remains free to prove to Pajechali, that there is no or less damage caused, than the flat fee demanded by Pajechali.

5. Not claimed services

If the costumer does not use individual travel services which are offered properly, because of reasons that are attributed to him/her (for example early returning from the travel, delayed appearance, or other urgent reasons), he/she may not claim any reimbursements pro rata of the travel price. Pajechali will attempt to reimburse the spared expenses that are made by the service providers. This obligation lapses, if the expenses are completely insignificant or the reimbursements are opposed by legal or official regulations.

6. Cancellation by Pajechali

The immediate cancellation of the contract without complying with the period of notice, is justified, if the costumer, after being warned by the travel organizer, disrupts or jeopardises the implementation of the travel, or if he/she conducts contrary to the contract in such a manner, that cancelling the contract is justified. Pajechali entitled to claim the travel price, in regard of expenses that can be spared. The costumer bears the additional costs for the transport back him-/herself.

Pajechali may cancel the contract after an unsuccessful deadline, if the costumer does not pay the price until the contractually agreed date. In this case, the costumer can be charged with the cancellation costs as mentioned in paragraph 4.

7. Annulment of the contract caused by extraordinary circumstances

If the travel is disrupted or jeopardised after conclusion of the contract by a unforeseeable higher force, the travel organizer and the costumer can cancel the contract. If the contract is cancelled, Pajechali may charge the costumer with an appropriate compensation for costs of travel services that have already been made or must be made to finish the travel.

8. Liability of Pajechali

Pajechali is to be held liable within duty of care of a professional merchant for the conscientious travel preparation, the thorough choice and control of the service providers, the correctness of the descriptions under “travel service” and “Prices and services” mentioned travel services, as long as the travel organizer has not made any changes, as mentioned in paragraph 3, before the conclusion of the travel contract, the proper performance of the agreed travel services.

As mentioned in the beginning, the offered services of Pajechali are no package offers in the conventional way. These circumstances bear certain inevitable risks. If, because of these risks and without fault of the travel organizer himself, any disruption of services appear, the travel organizer may not be held liable. In particular, no liability can be accepted if the disruption appears because of a higher force, unavailability, weather condition situational decision of an individual case, technical problem, accident, delay, legal measures, political differences in destination country, strikes, delay of a third party, etc. Please consider the travel information of the Federal Department of Foreign Affairs FDFA.

It is explicitly indicated, that no liability can be accepted for consequences of accidents, that are directly or indirectly connected to the operation of the travel vehicle.

For all travels applies: the insurance is matter of the participants. Further claims are excluded.

The costumer has to prevent the occurrence damage as much as possible or at least try to reduce the damage to a minimum. Especially, he/she immediately has to report the danger of damage to Pajechali.

Any costs caused by the costumer because of violation of penal provisions/administrative offences or negligent behaviour, go to the costumer him-/herself.

9. Ensuring and replacement claim

If the travel is not implemented contractually correct, the costumer may make a compensation claim. The travel organizer can, if the costumer agrees, implement an equivalent compensation. The travel organizer can refuse compensation, if the compensation comes with a disproportional effort.

The costumer may demand a reduction of the travel price, if he/she displays the deficiencies to the travel organizer. If the costumer does not display the deficiencies with his/her fault, then he may not claim a reduction of the travel price.

The costumer can, irrespective of the reduction or cancellation, claim a damage compensation for non-performance, unless the deficiencies are not caused by fault of the travel organizer.

10. Limitation of liability

The travel organizer is held liable within the legal provisions. The liability for damage, which are not physical damages, is limited to three times the cost of the travel, if the damage has not been made intentional or through gross negligence, or as far as the travel organizer is responsible for the damage made to a costumer because of fault of a service provider.

For all damage compensation claims against the travel organizer on an unlawful act, which was not intentional or through gross negligence, the travel organizer is held liable for up to SFR 3000.- (three thousand). This maximum amount applies per costumer and travel.

The travel organizer may not be held liable for disruption of services, on services, which are third-party services in which the travel organizer just acts as an mediator (for example facultative trips) and are mentioned in the travel description as third-party services.

All travels offered by Pajechali are adventure travels with an increased requirement on people and material. It may come to increased strains on drives in the terrain or the common roads/potholed tracks. In the destination country, sand, dust, unfavourable weather conditions, hot mineral water springs, etc. may cause impact on your personal equipment and valuables (photo- video equipment, jewellery, and other things). For damage or loss of these equipment and valuables, Pajechali does may not be held liable, as far as its damage or loss is not caused intentionally or through gross negligence by Pajechali.

11. Exclusion of claims and limitation

The costumer must claim for not contractual performances of the travel, within a month after the contractually intended returning date, towards Pajechali in writing. After expiry of this period of notice, the costumer can only make claims, if the compliance with the period of notice could not be made because of reasons, that cannot be attributed to the costumer him-/herself. Contractual claims of the costumer are limited to two years.

12. Passport-, customs-, foreign currency- and health regulations

Responsible for covering the passport-, customs-, foreign currency- and health regulations of the travel destination is the costumer him-/herself. All disadvantages following the neglections of these regulations are to be carried by the costumer, even if these regulations change after the date of booking. We specifically point out to check that your passport is at least valid until after 6 (six) months from the date of returning.

13. Assurance

For your own security, Pajechali recommends making a luggage, travel accident, travel health and travel liability insurance as well as an annulment- and return travel cost insurance. These insurances take on the costs of an annulment and/or the costs of the return travel costs in case of illness, accidents etc. For theft of personal belongings, from the truck as well, your household insurance is responsible. Authoritative are the insurance conditions.

14. Others

Adventure travels are always afflicted with special risks, which aren’t always foreseeable for the organizer. Technical difficulties with the vehicle may lead to delays in the travel route or changes. Claims for compensation or reduction of the travel price cannot be made in those cases. The orders of the travel leader are to be followed.

Please do not leave any money or valuables in the guestroom of the vehicle during your absence. Valuable and prominent jewellery are best to be let home. Pajechali offers to lock in money or travel documents within a safe in the vehicle. Liability conditions as stated in paragraph 10 are applied.

Naturally, costumers are allowed rotate places within the vehicle. Smoking in the vehicle, no matter if in the front or the back, is not allowed during our travel. There will be enough intermediate halts.

15. General regulations and data protection

All information on the homepage or printed are published with conditional legal and official approval. Details correspond to the state it was when printed.

All recorded data in correlation with the booking or informal requests are exclusively used for costumer support and for execution of the travel only.

16. Ineffectiveness

The ineffectiveness of individual regulations of the travel contract do not lead to the ineffectiveness of the travel contract as a whole.

17. Jurisdiction

Swiss jurisdiction is applied. Charges against the organizer are to be made in his domicile. For charges coming from the organizer against a costumer, the domicile of the costumer is authoritative, unless the charge is against full merchants, or persons, who after concluding the contract, change their domicile to a foreign country or whose domicile at the time of the claimed charge, is not known. In these cases the domicile of the organizer is authoritative.

18. Organizer

Pajechali Reisen
Lukas Achermann
Sonnmatthalde 6
CH-6010 Kriens

+41 78 746 58 86
www.pajechali-reisen.ch
willkommen@pajechali-reisen.ch

State: 28.12.2018