Terms and Conditions
1. Definitions
ARATOURS SA, trading as Premium-Switzerland (hereinafter called the "Company"), presents the below Terms and Conditions to apply to all offers, bookings, and contracts concluded between Travel Agents, Tour Operators, Incentive Houses and other B2B Travel Trade Partners (hereinafter the "Client") for the provision of excursions, tours, and group-travel-related services. By confirming any travel service with Premium-Switzerland.com, the Client confirms that it has reviewed and accepted these Terms and Conditions. The Company may amend these Terms and Conditions from time to time, and the Client should review the latest version published on the Company's website. The Company shall act in good faith and use reasonable efforts to ensure an enjoyable and safe journey that meets the Client's expectations.
2. Booking
When booking any travel service through the Company for a group, the Client confirms that it is authorised to accept these Terms and Conditions on behalf of all persons named in the booking. The Client must review all information in the booking summary and notify the Company promptly of any discrepancies. Changes requested after booking may incur additional charges or may not be possible; please refer to sections 7 and 8 below. Final booking confirmation is issued only after full payment has been received, and the necessary travel documents will be provided upon confirmation.
3. Scope of these Terms and Conditions
These Terms and Conditions form part of the contract between the Client and ARATOURS SA and come into force once the Company has received and confirmed the electronic or written booking request. The Client may resell or distribute the Company's services to its own end-clients, but remains fully liable to the Company for all obligations arising under these Booking Conditions. The Client warrants that it is duly authorised to act as a travel agent, tour operator, incentive-group organiser, or other relevant travel trade partner and to accept bookings on behalf of third parties.
4. Prices
All prices are based on each Client's specific requirements and tailored to the scope of work and requested services. Quotations are prepared individually, taking into account the project's complexity, the services included, and any additional specifications or preferences.
As a result, pricing may vary depending on the nature and extent of the requested services. Detailed cost estimates are provided following an assessment of the Client's particular needs to ensure a customized and transparent approach.
Services can be paid in CHF (Swiss Francs), EUR (Euros), or USD (United States Dollars).
5. Rate Changes
The Company reserves the right to alter rates published on the website, in brochures, or in leaflets. The Client will be informed of any applicable rate change before entering into the contract. Rate changes may result from, but not limited to:
- Increased transportation costs, including fuel,
- Changes to existing taxes or the introduction of new taxes (for example, airport charges, VAT, etc.)
- Exchange-rate fluctuations.
The Company also reserves the right to make program changes, including transportation and itinerary adjustments, in unforeseen circumstances such as adverse weather or other force majeure situations. Where revised services are priced lower than the original services, the Company will refund the difference.
6. Payment
The Company accepts commonly used payment methods, including bank transfer and credit card. For security reasons, the Company may provide a secure payment link so that card details do not need to be transmitted by unsecured means.
Prepayment requirements and the final payment schedule are determined individually for each order and are subject to the specific scope of services, applicable terms, and agreed conditions.
The amount of any advance payment, as well as the timing and method of the final settlement, will be discussed and mutually agreed upon based on the exact requirements and characteristics of the project.
All payment arrangements are established on a case-by-case basis to ensure clarity, transparency, and alignment with the agreed-upon terms and conditions of the respective order.
7. Amendments and Cancellations
All requests for amendments or cancellations of confirmed services must be made by the Client in writing.
7.1 Amendments and Cancellations by the Client
Requests for service cancellations or amendments are assessed individually and are subject to the specific scope, requirements, and conditions of the respective order. The applicability of any cancellation terms, modification options, or associated charges will depend on the nature of the requested changes and the stage of service delivery at the time the request is made. All such matters are considered on a case-by-case basis and are governed by the mutually agreed terms and conditions applicable to the particular order.
Amendments and Cancellations by the Company
The Company reserves the right to cancel the trip or change to an alternative itinerary in the event of inclement weather, cancellation of the excursion by a Partner, or failure to reach any required minimum number of participants. If the Company cancels the booking, it will notify the Client as early as reasonably possible and may, at its option, either refund monies paid in advance or offer an equivalent replacement service.
8. Booking Confirmation
The Client will receive booking confirmation after full payment has been made. Documents are ordinarily sent in electronic format, although hard copies may be supplied upon request. The services start at the date and time stated in the booking confirmation for pick-up at the agreed pick-up point.
If multiple confirmations are issued for the same services, the most recent confirmation shall prevail.
9. Visas and Passports
Clients and travellers are responsible for ensuring that they hold valid travel documents. It is recommended that passports remain valid for at least 6 months beyond the end of the trip and contain at least three blank pages. The Company accepts no liability for the obtaining of visas or other entry documents required under the laws and regulations applicable to travel in or through Switzerland or any other destination involved in the booked services.
10. Emergency Contact Details
The Company requires emergency contact details for all bookings.
11. Laws and Regulations
These Terms and Conditions are governed by Swiss law.
12. ARATOURS SA Liabilities
12.1 General Liability
The Company shall be liable only in the event of intentional or grossly negligent contractual or non-contractual damage. The burden of proving fault lies with the Client in all cases. Any further liability, including liability for slight or medium negligence and any strict or causal liability, is excluded to the extent permitted by law. In the event of bodily injury or death, the Company shall be liable to the extent provided by mandatory law, irrespective of the foregoing limitation. Unless otherwise expressly stated in these Terms and Conditions, the Company's liability shall be determined in accordance with sections 13.1 to 13.3. The Company accepts no responsibility for missed connections of any kind, including flights, trains, buses, or other onward transport. The Company does not guarantee access to all public attractions during a trip, as some attractions may be overcrowded or unavailable. If the Company fails to comply with these Terms and Conditions, it shall be responsible only for loss or damage caused to the Client by the Company's breach and negligence, subject always to the limitations set out in these Terms and Conditions.
12.2 Liability for Auxiliary Persons
The Company is entitled to engage third parties, including substitutes, subcontractors, and vicarious agents, for the performance of contractual services. To the fullest extent permitted by law, if the Company entrusts all or part of the contractual performance to a third party, the Company shall not be liable for the acts or omissions of that third party.
12.3 Non-Contractual Liability
Non-contractual claims for damages against the Company, including claims under Articles 41 and 55 of the Swiss Code of Obligations, are excluded to the extent that the damage was not caused intentionally or by gross negligence on the part of the Company, or to the extent that the damage does not involve bodily injury or death. This exclusion applies both to the direct conduct of the Company and to liability asserted against the Company as principal.
12.4 Liability for Excursions
The Company offers different excursion models. In all cases, the Company remains responsible for the driving service only in accordance with sections 13.1 to 13.3. Liability for the excursion part differs depending on the type of tour booked.
12.4.1 Self-Guided Tours
In a self-guided tour, the excursion is undertaken without a guide. The Client and any participating travellers are solely responsible for the planning, navigation, timing, weather assessment, route choice, safety precautions, and execution of the excursion. There is no supervision by a guide, driver-guide, or the Company during the excursion component. The Client acknowledges and accepts that the Company is not responsible for any aspect of the self-guided excursion and that participation is at the Client's and travellers' own risk. To the fullest extent permitted by law, the Company disclaims liability for the excursion part of a self-guided tour.
12.4.2 Guided Tours
In a guided tour, the excursion may be carried out by an external provider or Partner. To the fullest extent permitted by law, the Company declines liability for the Partner's services and for any act or omission of the Partner. The Company shall be liable only in accordance with sections 13.1 to 13.3 above. The Client undertakes to assert any claims arising from the excursion component directly against the Partner responsible for delivering that component. All excursions arranged by the Company are undertaken at the Client's and travellers' own risk, and each participant remains responsible for his or her own actions, decisions, compliance with safety instructions, and physical well-being during the excursion.
13. Client's Liabilities
The Client is responsible for providing complete and accurate information at the time of booking and for promptly informing the Company of any changes to that information. The Client authorises the Company to charge the payment card on file for damage caused by the Client or any traveller for whom the Client is responsible during the transfer service, where such charge is legally permitted and properly documented. Parents, guardians, or adult chaperones responsible for children or young persons under 18 years of age remain responsible for the conduct, supervision, and safety of those minors during the trip. The Client and all travellers are responsible for assessing their own physical condition and suitability for the booked activities, ensuring that they have appropriate clothing and equipment, and following all safety instructions and operational guidance given by the Company or any Partner. It is strongly recommended that each traveller holds adequate travel, accident, and medical insurance.
14. Force Majeure
The Company shall not be liable for delays, changes, interruptions, or cancellations caused by force majeure or other unforeseeable circumstances beyond the reasonable control of the Company or its service providers. Such events may include war, epidemics, pandemics, natural disasters, military operations, severe weather, fire, public transport disruption, police controls, traffic accidents, acts of terrorism, vandalism, and similar external events. In such circumstances, the Company reserves the right to modify the itinerary, postpone the service, substitute services, or cancel the booking. Where applicable, the consequences of such cancellation or amendment shall be handled in accordance with section 8.
15. Dispute Settlement and Legal Venue
In the event of a dispute, the Company and the Client shall use their best endeavours to seek an amicable resolution. If no amicable resolution can be reached, the parties may refer the matter to an independent mediator before commencing formal legal proceedings. By accepting these Terms and Conditions, the Client agrees that the place of jurisdiction is Fribourg, Switzerland, before the competent court of first instance, subject to any mandatory provisions of applicable law.
16. Complaints
If the quality of the service does not meet the Client's expectations, the Client should notify the Company in writing as soon as possible and provide supporting evidence of the alleged loss or damage. Upon receipt of the complaint and supporting documentation, the Company will review the matter and take such steps as it considers appropriate in accordance with these Terms and Conditions and applicable law.