General Terms and Conditions PARU AG
Please read the following provisions carefully. The Terms and Conditions of Travel and Contract (hereinafter referred to as "T&Cs") form an integral part of your booking with PARU AG (hereinafter referred to as "PARU" or "we").
Your and our rights and obligations arise from the individual written agreement, these T&Cs and the statutory provisions. We recommend that you read these T&Cs very carefully.
1. Contract
1.1. Applicability of the General Terms and Conditions
These T&Cs govern the legal relationship between you and PARU for trips organized by PARU or other services offered by PARU in its own name.
1.2. Mediated services
These T&Cs do not apply to brokered services provided by third parties. For all services brokered by PARU (such as "flight-only arrangements" or "car rental only" bookings), the contractual terms and conditions of the brokered companies apply. In the case of brokered services, the contract is concluded directly between you and the brokered companies. In this case, PARU is not responsible for the fulfillment of the contract and acts only as a retail agent.
1.3. Conclusion of contract
The contract between you and PARU comes into effect upon unconditional confirmation of your written, telephone, website, e-mail or personal registration or booking with PARU or a booking office. From this point onwards, the rights and obligations arising from the contract, including the T&Cs, shall take effect for you and PARU. It is your responsibility to check all details for completeness and accuracy after receiving the confirmation and to report any deviations from the registration to PARU immediately.
If you register additional persons, you are responsible for their obligations as you are for your own, this applies in particular to payment for the booked services. The contractual agreements and these T&Cs are binding for all travel participants.
1.4. Contract content and special requests
PARU's performance obligations are set out in the relevant travel description, the travel confirmation and any individual agreements.
Special requests only form part of the contract if they have been approved by PARU or your booking office and have been confirmed unconditionally and in writing.
1.5. Tenders, website, etc.
The invitations to tender, websites and other advertising materials are not binding offers and can be changed at any time. The prices applicable at the time of booking are published information or according to our offer.
2. Prices and terms of payment
2.1. Prices
The prices are based on our tender documents and offers. The prices for travel arrangements are quoted in Swiss francs per person in a double room, unless otherwise stated in the invitation to tender. For price changes after the contract has been concluded, see section 5 below.
2.2. Down payment
Upon receipt of our confirmation, a deposit must be paid, which is specified in the confirmation. In the case of early booking or other discounts, special conditions apply in accordance with the tender documents. If the down payment is not paid on time, PARU may refuse to provide the service after a short grace period has elapsed without success and claim cancellation costs in accordance with section 4.4.
2.3. Final payment
Payment of the remaining travel price must be made no later than 45 days before departure. This does not apply to trips with special conditions. If payment is not made on time, PARU may, after a short grace period has elapsed without success, refuse to provide the service and claim cancellation costs in accordance with section 4.4.
2.4. Short term booking
If you book your trip less than 45 days before departure, the entire invoice amount is due for payment immediately.
2.5. Booking fees
If you book less than 45 days in advance, additional clarifications may be necessary and any fees may be charged to you. We will inform you of such costs in advance. Please note that your booking office may charge additional fees for advice and reservations.
2.6. Travel documents
Unless otherwise agreed, the travel documents will be sent to you electronically or by post approx. 7-14 days before the start of the trip after receipt of your payment of the full invoice amount. It is your responsibility to check all details for completeness and accuracy upon receipt of the travel documents (e.g. the names in the travel documents must match the details in the personal documents such as ID or passport exactly). Any discrepancies must be reported to PARU immediately. You will be liable for any consequential costs incurred as a result of failure to notify PARU.
3. Substitute
If you are unable totravel on the booked trip, you can generally appoint a replacement person. Inthis case, however, the following conditions must be observed:
- The replacement person is prepared to take over the travel arrangement under the same conditions.
- The other service providers involved in your trip (hotels or air and shipping companies) accept this change, which is increasingly no longer possible due to security and data protection regulations, especially in the case of transportation companies.
- The substitute person fulfills the necessary entry requirements (passport, visa, vaccination requirements).
- The participation of the substitute person in the trip is not prevented by any statutory or official orders. The substitute person and you are jointly and severally liable to PARU or, in the event of mediation, to the service providers, for payment of the travel price and for any additional costs incurred as a result of this assignment.
- A processing fee of CHF 100 per person will be charged in any case.
If you name the replacement traveler too late or if he/she cannot participate due to travel requirements, official orders, legal regulations, etc., the cancellation of the trip shall be deemed to be a cancellation.
4. Rebooking and canceling the trip
4.1. General Information
If you cancel or cancel a trip or wish to change/rebook your booking, you must notify PARU or your booking office in writing. Cancellations are only valid if they are sent to us in writing by registered mail. The date of receipt of your written declaration by PARU or your booking office shall be decisive for calculating the cancellation date; on Saturdays, Sundays and public holidays, the next working day shall be decisive. The documents already received must be returned to PARU or the booking office at the same time.
4.2. Processing fees
Up to the start of the cancellation periods (see section 4.4), we charge a cancellation, amendment or if you wish to rebook your trip, you will be charged a processing fee of CHF 100 per person, up to a maximum of CHF 200 per order. After the start of the cancellation periods, the conditions under point 4.4 apply.
These processing fees may not be covered by any existing cancellation insurance.
4.3. Rebookings
Once the contract has been concluded, you have no right to change the content of the contract (rebooking). However, PARU will endeavor to comply with your rebooking requests if possible. If PARU makes a rebooking at your request, you will bear all additional costs associated with this. The request for rebooking must be made in writing. The rebooking becomes binding as soon as it has been confirmed in writing by PARU.
4.4. Cancellation costs
For cancellations, changes or rebookings made later than 120 days before the departure date, the following apply the following cancellation costs:
Figures as a percentage of the travel price
120—91 days before departure 30%
90—61 days before departure 50%
60-31 days before departure 80%
30—0 days before departure 100%
Different cancellation costs can be found in the respective tender documents or offer.
5. Price changes
5.1. Changes before conclusion of contract
PARU expressly reserves the right to change the tender documents, service descriptions and prices prior to your booking. In such cases, PARU will inform you before the contract is concluded.
5.2. Price changes after conclusion of contract
In the following cases, PARU reserves the right to correct the price in the event of a subsequent increase in the costs incurred:
- Increase in transportation costs, e.g. price changes by transport companies and/or other service providers, increase in fuel surcharges, etc.
- Newly introduced or increased government charges or fees (e.g. VAT, airport taxes, security fees, etc.)
- Exchange rate changes
- Obvious billing, printing and publication errors
PARU may assert this price change up to 22 days before departure. If a price increase amounts to more than 10% of the tour price, you may withdraw from the contract within 5 days of receipt of the notification or alternatively take part in a substitute tour, if such a tour can be offered. If you do not respond within 5 days, this shall be deemed to be consent.
6. Trip cancellation by PARU
6.1. Reasons that lie with you
PARU is entitled to cancel a trip if you give cause to do so through actions or omissions. Any services not used will be refunded to you, provided that the costs are not charged to PARU. Any further claims are expressly excluded. Cancellation costs in accordance with section 4.4 ff. and any further claims for damages remain reserved.
6.2. Minimum number of participants
The group tours offered by PARU may be subject to a minimum number of participants, which can be found in the respective description. If fewer than the minimum number of participants take part, PARU may cancel the trip no later than three weeks before the scheduled start date. In this case, you will be refunded the price already paid without delay.
Alternatively, you can take part in a replacement trip, provided that one can be offered. Further claims, in particular claims for damages, are excluded in this case.
6.3. Force majeure, strikes, storms, etc.
Should unforeseeable or unavoidable events, force majeure (e.g. natural disasters, epidemics, pandemics, unrest), official measures of any kind or strikes make the trip considerably more difficult, endanger it or make it impossible, PARU may cancel the trip. In this case, the tour price will be refunded, whereby PARU is entitled to deduct any expenses already incurred. Further claims, in particular claims for damages, are excluded in this case.
7. Program changes
PARU reserves the right to adapt and change the program according to external conditions. In making this decision, the safety of the participants is paramount.
If a change to the program or a change to a contractual point leads to a significant change to the contract or if the price increase is more than 10% of the original travel price, you have the right to withdraw from the contract within 5 days of receiving our notification. You will be refunded the price already paid without delay. Further claims are excluded. If you do not respond within 5 days, you are deemed to have accepted the changes.
Should PARU have to make changes to services during the trip (e.g. due to force majeure such as unrest, strikes, natural disasters, pandemics, epidemics, official measures, etc.), PARU will endeavor to provide an equivalent replacement service. If this is not possible or the replacement service does not comply with the contractual agreement and if a significant part of the agreed services is affected, PARU shall reimburse you for any difference between the price of the originally agreed services and the price of the services actually provided, provided that the latter are objectively inferior. If the remedy (replacement service) causes excessive costs or disproportionate effort for PARU, PARU may refuse to remedy the situation. Any additional costs shall be borne by you.
8. Trip interruption
If you cancel the trip prematurely for any reason, the price of the travel arrangement cannot be refunded. Any services not used will be refunded to you, provided they are not charged to PARU. Any costs for return travel etc. will be borne by you.
9. If you have any complaints
9.1. Request remedy and complaint
If the trip does not comply with the contractual agreement, you are obliged to immediately notify the tour guide or the service provider on site of this defect and to demand a remedy.
9.2. Remedy
The tour guide or the local service provider will endeavor to remedy the situation within a reasonable period of time. If no remedial action is taken within this period or if remedial action is not possible or not sufficient, the travel management or the local service provider must confirm the defects complained about and the failure to take remedial action in writing. The tour guide or the local service provider are obliged to record the facts and your complaints; however, they are not entitled to recognize any claims for damages or to pay compensation. In the case of luggage, loss and damage must be reported immediately to the transportation company.
9.3. How to assert your claims against us
If you wish to assert claims for defects, refunds or compensation etc. against PARU, you must submit your complaints or claims in writing to PARU within 30 days of the contractual end of the trip. Any evidence must be enclosed with your complaint or claim.
9.4. Forfeiture of your rights and assignment
If you do not complain about a defect, damage, claim, etc. during the trip and demand redress and/or assert a claim against PARU in writing within 30 days of the contractual end of the trip, you will lose and forfeit all rights against PARU.
If PARU compensates you for damage caused by a service provider, you hereby assign your claims for compensation against the service provider to PARU.
10. Liability
10.1. Limitation of liability
PARU's liability is limited to a maximum of twice the total travel price. This limitation does not apply to personal injury or in cases of intent or gross negligence. Claims must be submitted to PARU in writing no later than 30 days after the contractual end of the trip; otherwise the claim is forfeited. If international agreements or applicable national laws contain limitations or exclusions of compensation for damages arising from non-performance or improper performance, PARU may invoke these and shall only be liable in this respect within the scope of these agreements and laws. International agreements with limitations or exclusions of liability exist in particular in the transportation sector (air transport, shipping, etc.).
10.2. Exclusions of liability
PARU shall not be liable if the non-performance or improper performance of the contract is due to the following causes:
a) to failures on your part before or during the trip;
b) unforeseeable or unavoidable failures of a third party who is not involved in the provision of the contractually agreed service;
c) to force majeure or to an event which PARU or a service provider could not foresee or avert.
d) on safaris: Vehicles, boats and on foot.
In such cases, PARU shall not be liable for any compensation.
10.3. Valuables, cash, jewelry, credit cards, etc.
PARU expressly draws your attention to the fact that you are responsible for the safe storage of valuables, cash, jewelry, credit cards, photographic, video and communication equipment etc., are your own responsibility. In the hotels, valuables etc. must be kept in the safe. Under no circumstances may you leave these items unattended in an unguarded vehicle or, in the case of transfers or excursions, in a vehicle guarded only by a driver, or anywhere else. PARU is not liable for theft, loss, damage or misuse of lost checks and credit cards, theft of cash, etc.
10.4. Disclaimer for safaris
In wildlife reserves and animal parks, accommodation is usually not fenced in and the animals can roam freely. All travelers are aware of the risk and visit these areas at their own risk.
10.5. Events and excursions during the trip
Outside of the agreed travel program, local events or excursions may be booked during the trip. It is your own responsibility whether you take part in such events and excursions at your own risk. For this reason, PARU cannot accept any liability for excursions and events that you book directly on site.
10.6. Statute of limitations
All claims shall lapse within one year of the contractual end of the trip. Shorter limitation periods in the applicable international agreements, laws based on international agreements or national laws or longer, contractually non-amendable limitation periods remain reserved.
11. Customer money protection
Through its membership of the Swiss Travel Security (STS), PARU guarantees the travel price paid for a package tour.
12. Entry, visa and health regulations
You will find information on passport and entry requirements in the tender documents for the booking. This information generally applies to Swiss citizens.
12.1. Visas
If travel documents have to be issued or extended or visas obtained, you are responsible for this yourself. If a travel document is not available or is issued too late and you have to cancel the trip, the cancellation policy applies.
12.2. Entry requirements
You and your fellow travelers are responsible for complying with entry, health, customs and foreign exchange regulations. Before departure, check that you have all the necessary documents with you.
PARU also expressly draws your attention to the legal consequences of prohibited goods and other imports.
12.3. Health regulations
It is strongly recommended that the traveler is informed about vaccinations, health regulations and health precautions, seek the advice of a tropical institute and/or family doctor.
12.4. Cost consequences
PARU draws your attention to the fact that in the event of a refusal of entry, you must bear all additional costs (including return travel costs). The travel price will not be refunded in this case.
13. Data protection
13.1. Data
PARU requires various data from you and your fellow travelers (such as first and last name, date of birth, address, telephone number, etc.) for the correct processing of the contract. PARU is subject to the Swiss Data Protection Act and, where applicable, EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data, on the free movement and data traffic (GDPR). PARU is obliged to store the data securely and stores it in Switzerland.
The following data is generally collected or processed in connection with bookings: Travel details such as travel dates, itinerary and destination, airline, hotel, prices, customer requests, information and details about fellow travelers, health data, e.g. information about health-related special needs or illnesses and accidents during a trip, Frequent Flyer number, etc.
13.2. Transmission to service providers and authorities
PARU will only pass on your data if this is necessary to process the contract with the service providers. These may be located abroad, where data protection may not meet Swiss standards. Both PARU and the service providers may be obliged by law or official order to forward your data to (foreign) authorities.
13.3. Particularly sensitive personal data
Depending on the services booked, PARU may need to collect particularly sensitive personal data. For example, it may be possible to infer religious affiliation on the basis of a catering request. Such data is generally forwarded to service providers (including those based abroad) for the correct fulfillment of the contract or may be disclosed to government agencies due to legal obligations or official orders. By providing PARU with such information, you expressly authorize PARU to use this information in accordance with this provision.
13.4. Information about offers/programs
PARU allows itself to inform you in future about PARU's offers in the form of a newsletter. You have the option of revoking this service at any time.
13.5. Enforcing rights
PARU reserves the right to forward your data to authorities and third parties for the enforcement of PARU's legitimate interests. The same applies if a criminal offense is suspected.
13.6. Questions about data protection
If you have any questions about data protection, would like to view the data stored by PARU or would like to unsubscribe from the newsletter, please contact us at hello@paru.travel.
Detailed information on data protection can be found here: www.paru.travel/datenschutz
14. Insurance
14.1. Cancellation insurance
Cancellation insurance is not included in our trips. Cancellation insurance is compulsory for certain trips. We recommend that you take out appropriate insurance for each trip. The benefits depend on the applicable insurance policy.
We would like to point out that the insurance contract is concluded directly with the insurance company, even if it is brokered by PARU.
14.2. Additional insurance
The liability of travel, transportation and airline companies is limited. Some of our trips also take us to remote regions. In the event of an emergency, very high hospital and rescue costs etc. may be incurred. PARU therefore recommends that you take out supplementary insurance cover, such as Luggage, travel accident and health insurance. Return travel costs insurance, which covers evacuation from a safari area or other remote region, local hospitalization and return travel costs to Switzerland in an emergency, should be taken out for all our trips.
15. Ombudsman
If no agreement can be reached between PARU and you in the event of a complaint, you have the option of contacting the independent ombudsman of the Swiss travel industry. The ombudsman will endeavor to reach a fair and balanced agreement between you and PARU in the event of any kind of problem.
The address of the ombudsman is: Ombudsman of the Swiss Travel Industry, P.O. Box, 8038 Zurich. Tel. 044 485 45 35, info@ombudsmantouristik.ch, Mon.—Fri. 10.00—16.00.
16. Applicable law and place of jurisdiction
Therelationship between PARU and you shall be governed exclusively by Swiss law. Subject to mandatory statutory provisions,the courts at the registered office of PARU shall have exclusive jurisdictionin the event of disputes in connection with these GT&Cs.