Below you will find the General Terms and Conditions of Cape Tours, Untere Hardmatten 1, CH-4653 Obergösgen. Please read them carefully, as they contain important information for the relationship between Cape Tours and you as the traveler.

The following information and conditions are part of the travel contract between the tour participants and the organizing service providers.

1 – Subject matter and applicability of the contractual and travel conditions

1.1 These Terms and Conditions of Contract and Travel govern the legal relationship between you and us for package tours and other travel services.

1.2 The AVRB distinguish between package tours and other travel services. A package tour exists if transportation together with accommodation or another tourist service which is not an ancillary service of transportation or accommodation is offered by the organizer at a total price and lasts at least 24 hours or includes an overnight stay.

1.3 If travel arrangements or individual services of other tour operators or service companies are arranged for you by the booking agent, we are not a contractual partner and their own contract and travel conditions apply. For additionally arranged transport services (for example, rental of vehicles, etc.), the contract and travel conditions as well as limitations of liability of the respective transport company or rental company apply. In these cases you cannot refer to the following contract and travel conditions.

2 – Conclusion of contract

2.1 The contract between you and us is concluded with the confirmation of your written, electronic or personal registration (booking). If the person making the booking registers additional travel participants, he or she shall be liable for their contractual obligations (in particular payment of the travel price) as for his or her own obligations. These GCC apply to all travel participants.

2.2 If your booking is initially made provisionally (option), the contract between you and Cape Tours – subject to your earlier express and definitive consent – shall come into effect unless you cancel the provisional booking in writing, by telephone or in person at the booking office within three working days of the date of the booking.

2.3 Name information – You are required to provide your name and the names of your fellow travelers as shown on the identification documents (passport, etc.) used for the trip when making the booking. If the names on the travel documents do not match the names on the identity cards (e.g. Heidi instead of Adelheid or Ruedi instead of Rudolf), you may be refused travel services or incur costs for the adjustment. In this case, services not received will not be refunded.

2.4 After booking, you will receive the travel confirmation, which contains all essential information about the services you have booked. Any deviations from your registration must be communicated to us immediately; otherwise any changes may be subject to a charge.

3 – Booked services

3.1 We undertake to carefully fulfill the promised services of the trip in accordance with the service description of the travel brochure valid at the time of your booking and the confirmation.

3.2 For the service to be provided, only the publication of the corresponding booked service provider is authoritative. Other advertisements (brochures, etc.), or own inquiries with the service partner are not subject of the travel contract, and we are not liable for the information contained therein.

3.5 The services begin at the published or confirmed departure, departure or boarding point. Timely arrival is your responsibility.

3.6 Special or customer requests that are noted on the confirmation are generally non-binding and not part of the contract.

3.7 As a travel participant, you undertake to pay the price agreed for the trip as well as any special services not included in the price (e.g. insurance premiums, security and airport taxes, visa fees, excursions, fees for invoiced extra services), to comply with the payment modalities, to obtain the necessary personal travel documents and to comply with the respectively valid passport, customs, foreign exchange and health regulations of the country of travel.

4 – Prices

4.1 Unless otherwise stated, prices are in Swiss francs.

4.2 Our prices are bank payment prices.

4.3 Price changes after conclusion of the contract: In exceptional cases, Cape Tours must reserve the right to increase the agreed price. This can be in the following cases: tariff changes of transport companies, (e.g. fuel surcharges) – newly introduced or increased government levies or fees (e.g. airport taxes) – exchange rate changes, government decreed price increases (e.g. value added tax or similar).

4.4 Age-related prices – In the case of prices that are dependent on the age of the respective person, e.g. child discounts, the age at the start of the trip (date) is decisive for determining the price. We reserve the right to recalculate the travel price in the event of incorrect information and to invoice any difference. This also applies after the end of the trip.

4.5 Payment – On the occasion of the conclusion of the contract the following deposit is to be paid: 50% of the total invoice amount within 7 days. The remaining travel price is payable at the latest 4 weeks before departure. In case of short-term bookings, the entire invoice amount is to be paid on the occasion of the conclusion of the contract. Failure to pay the deposit or balance on time entitles us, after a short grace period has expired without success, to refuse to provide the travel services. In this case, the trip will be considered cancelled and the cancellation costs will be charged according to the conditions of the service provider. If you are already on the trip, the entire travel price remains owed. Any interest on arrears and collection costs will be added to this.

Exceptions: Day trips and safaris are to be paid within 14 days after receiving the invoice.

5 – Travel documents

5.1 Unless otherwise agreed, the documents will be sent to you by e-mail after receipt of your payment for the full invoice amount, usually 10 days before the start of the trip.

6 – Cancellation/Rebooking

6.1 If you wish to change the booking or cancel (annul) the trip, you must notify us in writing (via email (with read receipt) or letter post (by registered mail).

6.2 Cape Tours has determined the following cancellation costs taking into account the period between the notice of cancellation and the start of the tour, as well as the expected savings in expenses and the expected acquisition through other uses of the travel services. The compensation is calculated according to the time of receipt of the cancellation notice as follows with the respective cancellation scale:

• Deposit/Payment 100% refundable upon written notice 8 weeks prior to arrival.
• Payment 50% refundable with written notice 4 weeks prior to arrival.
• No refundable if notified in writing less than 4 weeks prior to arrival.

6.3 The date of receipt of your declaration at the booking office during normal office hours is decisive for the calculation of the cancellation or change date; on Saturdays, Sundays and public holidays, the next working day is decisive. This provision also applies to notifications by e-mail, or other electronic media.

6.4 If the customer does not make use of individual travel services that were duly offered to him in the course of the tour for reasons that are attributable to him, he is not entitled to a pro rata refund of the tour price. Cape Tours will endeavor to obtain reimbursement of the saved expenses from the service providers. However, this obligation does not exist if the services are completely insignificant or if a refund is opposed by legal or official regulations.

6.5 We strongly recommend that you take out cancellation & SOS insurance. This insurance pays the cancellation costs in the event of an insured event. The applicable insurance policy is decisive. If you cancel the trip, the premium for the cancellation costs insurance remains due or will not be refunded. Even if you have taken out cancellation insurance, you remain liable to Cape Tours for the cancellation costs.

7 – Program Changes, Service Cancellations, Complaints

7.1 Force majeure, strikes, acts of God or official measures may cause us to cancel the trip. In such a case, we will inform you as soon as possible and will make every effort to offer you a substitute trip of equal value. Any additional costs shall be borne by the traveler.

7.2 If the change in services or program affects a significant part of the agreed tour, the tour operator or Cape Tours shall compensate you for any objective reduction in value between the agreed tour price and that of the services rendered.

7.3 If the tour does not comply with the contractual agreement or if you suffer damage, you are obligated to immediately complain to the service provider (hotel, tour guide of the organizer, or the local representative of the organizer) about this defect or damage and to demand a remedy free of charge. If no remedy is provided within a reasonable period of time or if the remedy is insufficient, you must have the defects or damage complained about and the failure to remedy confirmed in writing. If there is no contact person on site, you must inform us immediately.

7.4 If you want to claim defects, refunds or damages, etc. against Cape Tours, you must submit your claim in writing within one month after the contractual end of the tour. Your claim must be accompanied by the confirmation of the service provider and any evidence. If you fail to submit your claim for defects or damages etc. within one month after the contractual end of the tour, you will lose and forfeit all rights, such as the right to redress, self-redress, reduction of the tour price.

8 – Liability of Cape Tours

8.1 We are liable to you for the careful selection and supervision of the service providers (hotels, local tour guides, etc.) and for a description provided to the best of our knowledge. Even with careful travel organization, we cannot guarantee the observance of certain events. Especially due to heavy traffic, traffic jams, accidents, detours, etc. delays can occur. In all these cases we are not liable. We strongly advise you to take possible delays into account when planning your trip.

8.2 Laws based on international agreements or national laws, limitations or exclusions of compensation for damages, etc. from non-performance or improper performance of the contract, so Cape Tours is liable only within the framework of these agreements and laws.

8.3 Cape Tours shall not be liable if the non-fulfillment or improper fulfillment of the contract is due to the following causes: to omissions on your part before or during the tour, to unforeseeable or unpreventable omissions of a third party not involved in the provision of the contractually agreed service, to force majeure or to an event that we could not foresee or prevent despite due diligence.

8.4 Outside of the agreed services, local events or excursions may be booked during the trip. It is not excluded that such events and excursions are associated with risks. It is your own responsibility whether you participate in such events and excursions. These events and excursions are organized by third-party companies (third-party services). We are therefore not your contracting party and are not liable in any case.

8.5 We draw your attention to the fact that you are responsible for the safekeeping of valuables, cash, jewelry, credit cards, photo and video equipment, cell phones, etc. yourself. In the hotels, valuables, etc. must be kept in the safe. Under no circumstances may you leave these items unattended in an unattended vehicle, etc. or anywhere else. We are not liable for theft, loss, damage or misuse of lost valuables, photographic and video equipment, cash, jewelry, credit cards, cell phones, etc.

9 – Entry, visa and health regulations

9.1 With our travel announcement you will find the information about passport and entry regulations. This information applies to Swiss citizens and citizens of Liechtenstein, Germany and Austria.

9.2 If visas have to be obtained, etc., you are responsible for this yourself. If a travel document is not available or is issued too late and you have to cancel or change the trip, the cancellation regulations apply. Visa applications, etc. must always be filled out completely. First and last names must be provided as shown on the identification card used. If you or fellow travelers are refused entry or are not granted entry clearance, you will not be refunded for any services not received. Visas and official travel registrations may be subject to costs. These costs shall be borne by you.

9.3 All travelers are responsible for their own compliance with entry, health and foreign exchange regulations. Before departure, check that you have all the necessary documents with you. We draw your attention to the fact that in the event of refusal of entry you will have to bear the costs of return travel. Likewise, we expressly draw your attention to the legal consequences of prohibited goods and other imports.

10 – Data protection

10.1 We require 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. We are subject to the Swiss Data Protection Act and are obliged to keep your data safe. We store them in Switzerland. We will forward your data to the service providers to the extent necessary for the processing of the contract. These may be located abroad, where data protection may not meet Swiss standards. Both we and the service providers may be obliged to forward your data to (foreign) authorities due to legal provisions or official orders.

10.2 Depending on the services booked, it may be that we have 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 will usually be forwarded to service providers for the correct fulfillment of the contract. By providing us with such information, you expressly authorize us to use such information in accordance with this provision.

11 – Applicable law and place of jurisdiction

11.1 Swiss law is applicable to all legal relations between you and Cape Tours. Legal action against Cape Tours can only be brought at the head office in Obergösgen.

11.2 The invalidity of individual provisions of the travel contract shall not lead to the invalidity of the entire contract.

11.3 The above provisions on the choice of law and the place of jurisdiction shall apply subject to contractually unalterable provisions in applicable laws or international agreements.

Cape Tours
CH-4653 Obergösgen
Last updated: August 2024