General Terms and Conditions (GTC)
Ostschweiz Tourismus acts neither as a tour operator nor as an agent. In general, the General Terms and Conditions of Contract and Travel (AVRB) of the individual tourist destinations in Eastern Switzerland and/or their service providers apply.
1. General information
1.1 The following General Terms and Conditions (GTC) apply to all services and offers provided by Ostschweiz Tourismus, hereinafter referred to as “OST”. Any conflicting terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing.
2. Conclusion of contract
2.1 A contract between Ostschweiz Tourismus and the customer is formed as soon as the customer accepts OST’s offer and Ostschweiz Tourismus provides written confirmation.
2.2 The terms of the contract are set out in the service description, the travel confirmation and these Terms and Conditions.
3. Services and Prices
3.1 The scope of the contractual services is set out in the service descriptions and the details provided in the travel confirmation.
3.2 All prices include VAT, unless otherwise stated.
3.3 Any additional services not expressly included in the contract will be invoiced separately.
4. Payment
4.1 The invoice amount is payable without deduction upon receipt of the invoice.
5. Cancellation by the customer
5.1 The customer may cancel the trip at any time before departure. Cancellation must be made in writing.
5.2 If the customer cancels the contract, OST may claim reasonable compensation. The amount of compensation depends on the date of cancellation and the costs already incurred.
6. Cancellation and termination by OST
6.1 OST may terminate the contract without notice if the customer persistently disrupts the trip despite having been warned, or acts in breach of contract.
6.2 In this case, OST retains the right to claim the tour price.
7. Liability
7.1 OST’s liability for breaches of contractual obligations and for tort is limited to cases of wilful misconduct and gross negligence.
7.2 This limitation of liability does not apply to damages resulting from injury to life, limb or health.
8. Changes of services
8.1 Changes to or deviations from the agreed terms of the travel contract relating to individual travel services, which become necessary after the contract has been concluded and which have not been brought about by OST in bad faith, are permitted provided that such changes or deviations are not significant and do not adversely affect the overall nature of the booked trip.
9. The customer’s obligation to cooperate
9.1 The customer is obliged to cooperate, in accordance with the relevant legal provisions, in the event of any disruption to services, in order to prevent or minimise any damage.
9.2 The customer must notify OST of any defects without delay.
10. Personal data protection
10.1 OST collects, processes and uses the customer’s personal data for the purpose of fulfilling the contract and in accordance with the applicable data protection regulations.
10.2 Further information on data protection can be found in OST’s Data Protection Policy.
11. Applicable law and place of jurisdiction
11.1 Swiss law applies to all disputes arising from the contract.
11.2 The exclusive place of jurisdiction for all claims arising from or in connection with this contract is OST’s registered office in St. Gallen.
12. Severability clause
12.1 Should any provision of these General Terms and Conditions be invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the contract.
12.2 The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective which the contracting parties sought to achieve through the invalid or unenforceable provision.
