Terms and Conditions

Terms and Conditions

1. Scope:

The following General Travel Terms and Conditions are an integral part of every package travel contract (hereinafter also referred to as the travel contract) concluded between the travel participants and the tour operator Heli-Guides AG based in 8574 Lengwil, Switzerland (hereinafter also referred to as Heli-Guides). Subject to deviating written agreements, the reciprocal rights and obligations of the contracting parties are governed by these Terms and Conditions. The terms and conditions expressly do not apply to the following services: (1) all “flight-only bookings” mediated and booked by Heli-Guides are subject to the travel terms and conditions of the respective travel agencies or airlines. (2) When arranging package travel services within the meaning of the Federal Act on Package Travel (944.3). we recommend that you read the following terms and conditions carefully. Since the number of participants for our travels are limited, we recommend an early booking.

 

2. Conclusion of the contract:

With your application that can be made in writing, by mail using a registration card or form, by fax or by e-mail via the registration form on our website (www.heli-guides.com), the travel participant makes Heli-Guides the binding conclusion of a travel contract. The basis of the offer to the travel participant are exclusively the travel information provided by Heli-Guides and any brochure issued by Heli-Guides. In case of registration for several travel participants and providing that the applicant expressly and precisely states it, the applicant shall be liable together with these participants for their contractual obligations as well as for his/her own. The contract is concluded upon receipt of acceptance by Heli-Guides. The travel participant receives a copy or confirmation of the contract on a durable data carrier with – or immediately after – conclusion of the contract. Heli-Guides sends the travel participant the necessary travel documents timely before the start of the trip. If the contract has been concluded with the simultaneous physical presence of the contracting parties or outside business premises, the travel participant is entitled to a travel confirmation in paper form.

 

3. Terms of payment:

Upon conclusion of the contract (i.e., Heli-Guides accepts the customer registration and confirms it by means of a booking confirmation and invoice – subject to price adjustments), a deposit of 25% of the advertised travel price per participant shall be paid to Heli-Guides. The remaining payment is due no later than 28 days before the start of the trip. Air tickets are due and to be paid immediately. In the event of non-payment, Heli-Guides is not obliged to hand over the travel documents, can withdraw from the travel contract and claim a compensation for non-fulfillment from the travel participant.

 

4. Service or price changes:

(1) The presentation of Heli-Guides services on our websites and in print media corresponds to the state known to us at the time of publishing respectively printing and does not constitute a binding offer from our side. Heli-Guides reserves the right to make changes to offers, prices and dates. The advertised prices are per person and include the services specified in the programs.

(2) We reserve the right to increase the agreed travel price after conclusion of the contract in the event of a subsequent increase in the price for the carriage of persons due to higher costs for fuel or other energy sources, the increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or a change in the exchange rates applicable to the package tour in question. If the agreed price must be changed for the above reasons, the travel participant will be informed on a durable data carrier immediately after becoming aware of the reason for the change and no later than 20 days before the start of the trip. If the price increase exceeds 8 percent of the travel price, the travel participant has the right to accept the offer with the increased price within 7 days of receipt of the notification or to withdraw from the contract free of charge or to demand participation in a replacement trip if Heli-Guides offered such a trip. In the event of withdrawal, payments already made will be refunded immediately, in any case within 14 days of withdrawal.

(3) The travel participant may demand a reduction in the travel price if and to the extent that the prices, taxes or exchange rates mentioned in paragraph 2 have changed after conclusion of the contract and before the start of the trip and this leads to lower prices for Heli-Guides. In this case, any additional amount is to be refunded to the travel participant, deducted of any incurred administrative fees.

(4) Our flight licenses for heliski operations in various areas of the Alps are subject to official approval at intervals of several years. In the event that we are barred from flying in an area at the time of travel, we reserve the right to provide comparable heliski services in neighboring flight areas at equal terms. In this case, Heli-Guides will inform the travel participant on a durable data carrier immediately after becoming aware of the reason for the change before the start of the trip and the travel participant has the right to accept the offer to change the travel contract within 7 days of receipt of the notification or to withdraw from the contract free of charge or to demand participation in a replacement trip if Heli-Guides has offered such a trip. In the event of withdrawal, payments already made will be refunded immediately, in any case within 14 days of withdrawal.

(5) After the expiry of the period provided for in paragraphs 2 and 4 of this provision, the offer to increase the price or other modification of the contract shall be deemed as accepted.

(6) If the travel participant accepts the offer to change the travel contract or to participate in a replacement trip and the package tour is not of an equivalent quality compared to the originally owed one, the travel price is reduced of the duration of the travel deduction. In the event of a reduction, the travel price shall be reduced in the ratio in which the value of the package would have stood in defect-free condition to the actual value at the time of conclusion of the contract. The reduction shall, where necessary, be determined by estimation. May the travel be of equivalent quality, but associated with lower costs for Heli-Guides, the difference must be refunded to the travel participant.

(7) In the interest of the travel participant, the tour operator reserves the right to change the programs or individual agreed services if unforeseen circumstances and / or the situation in the country of travel require this and insofar these circumstances are not significant and do not impair the overall character of the booked trip. In the event of program changes prior begin of the trip, the travel participant will be informed about the change immediately. In the event of a significant change to one of the essential characteristics of the travel services, paragraphs 4 to 6 shall apply accordingly.

 

5. Travel cancellation or changes:

(1) The travel participant may withdraw at any time prior to the start of the tours, course, guided tour or travel. In the event of withdrawal, Heli-Guides may invoice a percentage compensation (listed below) based on the total price in place of the actual cancellation compensation. If Heli-Guides is partially or completely exempted from third party claims (e.g., hotels, international agency costs, ski passes, airline tickets or the like), then this amount will be deducted from the travel price on which the compensation for Heli-Guides is calculated.

(2) In case of customer withdrawal up to 120 days before the start of the event, 10% of the advertised price will be charged as a cancellation and handling fee. In the event of a later withdrawal, the following compensations will be due:
– 30% of the travel price up to 60 days before departure;
– 50% of the travel price up to 45 days before departure;
– 75% of the travel price up to 15 days before departure;
– 100% of the travel price from the 14th day before departure.
before departure; 75% of the travel price up to 15 days before departure; 100% of the travel price from the 14th day before departure.
The effective date is the date of receipt of the written cancellation. The travel participant is expressly permitted to prove that damage or a reduction in value has not occurred at all or is significantly lower than the package travel value.

(3) If the travel destination is affected by a pandemic (e.g. COVID-19) at the time of departure and governments in the country of departure or destination impose a travel ban or restrictions, not allowing entry into the country of destination, both parties may initiate a cancellation with a full refund of the travel price. If no deadlines for the above-mentioned travel restrictions are known, cancellation is possible earliest 14 days before the start of the trip.

(4) Until the start of the trip, the customer may ask for another person to take part in his/her place if they meet the travel requirements and do not conflict with legal regulations or orders. Heli-Guides must be informed about this change by mean of a durable data medium. The substitute shall be prepared to take over the travel arrangement under the agreed upon conditions. The substitute and the travel participant are jointly liable for the payment of the travel price, as well as for any additional costs arising from the substitution.

(5) If a travel participant, after travel begin, ends the trip earlier, no refund will be made for non-used services. The additional flight and travel costs shall be carried by the other travelers or participants.

 

6. Contract termination by Heli-Guides:

(1) The tour operator may withdraw from the travel contract if prevented from fulfilling the travel contract due to unavoidable, extraordinary circumstances. In this case, Heli-Guides is obliged to declare the withdrawal immediately after becoming aware of the reason for withdrawal. Should these changes occur before departure, Heli-Guides reserve the right to charge the traveler any additional costs such as insurance, visa costs, etc. Further claims are excluded.

(2) If the minimum number of participants per tour / travel event specified in the contract is not reached, Heli-Guides is entitled to cancel the trip within a reasonable period of time, anyway no later than 20 days before the start of the trip for travels of more than six days, seven days before the start of the trip for travels of minimum two and maximum of six days, 48 hours before the start of the trip for a duration of less than two days.
Cancellation can be done by telephone, in writing or verbally and applies in particular to so-called Open Groups bookings. Any paid amount will be refunded immediately and in full, or at the latest within 14 days. Further claims are excluded. If Heli-Guides make use of the right of withdrawal, but the traveler wish to carry out the tour, guided tour or trip, this represents a new offer, and the traveler will receive the newly calculated price from us. If the traveler agrees the new offer, a new contract is concluded on the basis of which the tour, the course, the tour or the trip is carried out.

(3) In the event of a withdrawal by Heli-Guides, the travel price shall be refunded immediately after the withdrawal.

 

7. Failure of the flight operation & refunds:

Should the flight operation fail due to reasons such as wind, bad weather, avalanche danger or technical problems and therefore, the guaranteed flight services can’t be delivered, the travel participant is entitled to a refund of the unused flight services equal to the value of the applicable conditions. The conditions for the amount of the refund (per flight, unused altitude meter or flight hours) can be found in the travel description of your booking. There is no refund due to illness, accident, lack of fitness, insufficient skiing skills, late arrival and breaks during the ski day. Unless Heli-Guides receive a communication otherwise, we will issue the customer a voucher for the amount of the credit, which the customer can use in subsequent years. At the explicit request and after notification of the customer’s bank details, the credit is alternatively refunded. Further refunds are excluded. Booked mountain guide services are detached from the flight services and non-refundable.

 

8. Passport, Visa, Vaccinations, Customs:

(1) Heli-Guides will inform the participant about the general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas, as well as about health formalities.

(2) Each participant is solely responsible for full compliance with the required passport, visa, customs, foreign exchange, and health regulations. Heli-Guides can procure visa against a charge. In order for the travel documents to be properly issued, the traveler must provide personal data in accordance with the information in his/her passport at the time of booking. If provided customer data do not match those in the passport, this may in a worst case in a country refusal of entry and forced repatriation, the costs of which are to be carried by the traveler. If travel documents must be reissued because the information in the application does not correspond to the passport data, the additional costs shall be carried by the person making the booking. All disadvantages resulting from non-compliance with these regulations shall also be at the expense of the relevant participant.

 

9. Participation, Liability, Insurance:

(1) The heliski, freeride, ski touring and international trips offered by Heli-Guides can be attended by anyone who is healthy, able to meet the requirements described in our travel descriptions, as well as equipped accordingly. Travelling to foreign countries requires participants to adapt to foreign customs and traditions. The tour guide or representative of Heli-Guides is entitled to exclude at the beginning or during the trip from the event or tour program, in whole or in part, a participant who clearly does not meet these requirements. Any additional costs incurred as a result shall be borne by the participant and the travel price paid cannot be refunded. Any expenses saved by Heli-Guides will be reimbursed to the travel participant.

(2) Heli-Guides expressly points out that freeriding or skiing away from secured and marked slopes bares a higher risk. All activities not included in the travel package are undertaken by the participant at his own risk and without liability to Heli-Guides.

(3) Heli-Guides cannot guarantee that the event will be exactly as the advertised program, as this depends primarily on weather, snow, avalanche conditions and personal skills and performance. It is reserved to the person guiding the tour to modify the planned event according to the level of the participants, according to their technical and conditional conditions or due to unforeseeable circumstances.

(4) Our programs are not issued or performed on behalf of an air carrier and carry no obligation by any mean in regard to the organization of the travel. The liability of the airline is regulated by the relevant laws and conditions.

(5) The travel participant may claim for damages in the event of a travel deficit without prejudice to the reduction or termination, unless the travel defect is the fault of the travel participant or is the fault of a third party who is neither a service provider nor is otherwise involved in the provision of the travel services covered by the package travel contract and was unforeseeable or unavoidable by Heli-Guides or was caused by unavoidable, extraordinary circumstances.

(6) The liability of Heli-Guides, including its vicarious agents, for damages that are not physical injuries and were not culpably caused, is limited to three times the travel price.

(7) May international conventions or statutory provisions based on such conventions apply, according to which a claim for damages against the service provider arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, Heli-Guides can invoke this against the travel participant.

(8) The travel price does not include any insurance. It is expressly the responsibility of the travel participant to insure himself/herself from all arising risks and to verify that the coverage is guaranteed worldwide. The conclusion of a travel cancellation insurance, an international travel health insurance, an emergency and travel accident insurance are strongly recommended.

(9) Despite the best possible travel planning, the return journey may be delayed for reasons that are unpredictable to Heli-Guides or due to unpreventable events. Therefore, on the day of return and for travel to other continents, also for the following day, the customer should not commit to obligations which may have serious consequences in case of failure to comply.

 

10. Claims and complaints:

If grounds for complaint arise during the trip, the travel participant must immediately report this to the Heli-Guides representative. The latter will endeavor to amend the shortcomings as soon as possible.

 

11. Vouchers:

Gift vouchers issued by Heli-Guides can be redeemed against all services offered by Heli-Guides, unless they have been issued for a specific service. A cash payback, even partially, is not possible. The vouchers are valid five years from the date of issue. The value of the vouchers does not bear any interest. Personal gift vouchers cannot be transferred to another person without the written consent of Heli-Guides. Gift vouchers are usually sent within two business days from payment receipt. Heli-Guides reserves the right to modify the gift vouchers regulation at any time. The General Travel Terms and Conditions apply both to the purchase of a voucher as to the redemption of a voucher.

 

12. Information on the identity of air carrier:

(1) Heli-Guides informs the customer about the identity of the operating air carrier(s) before or at the latest at the time of booking with regard to all air transport services provided within the framework of the booked trip.
(2) May the operating air carriers(s) have not yet been determined at the time of booking; Heli-Guides is obliged to inform the travel participant about the carrier(s) that are likely to operate the flights. Heli-Guides will inform the travel participant as soon as Heli-Guides knows which air carrier is operating the flights.
(3) May the air carrier named to the travel participant as the operating air carrier change, Heli-Guides will inform the travel participant immediately and as quickly as possible with appropriate means about the change.

 

13. Final provisions:

(1) Repair costs for rented equipment which was damaged by the participant over normal wear and tear, are to be carried by the participant. Lost material must be replaced by the participant. When our ABS backpacks are to be used, the following applies: accidental triggers will be charged to the participant. Heli-Guides cannot be held liable for accidents occurred to the participant while using our rental equipment (skis, bindings, etc.).
(2) Tour operator is Heli-Guides AG, Kreuzlingerstrasse 5, CH-8574 Lengwil, Schweiz; Tel.: +41 (0)71 688-7000, E-Mail: info@heli-guides.com. We organize all travels conscientious and accurate. However, we can’t give any guarantee for a summit success or other subjective envisioned travel success.
(3) Heli-Guides is a member of the FAIR – Travel Warranty Fund and guarantees the assurance of the amounts paid against the booking of a package holiday as well as the return trip. Detailed information can be provided by the booking office or visiting www.fair-reisegarant.ch.
(4) Heli-Guides does not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

(5) The relationship between the customer/participant and Heli-Guides is exclusively governed by Swiss law, the court of jurisdiction is CH-8574 Lengwil. Mandatory protective law provisions of the country in which the consumer has his habitual residence remain applicable.

 

Travel participants who are resident within the EU are kindly requested to take note of the supplementary language informing the traveler in the case of a package tour:

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you can take advantage of all EU rights that apply to package trips. Heli-Guides bears full responsibility for the proper execution of the entire package tour. In addition, Heli-Guides complies with the legally required protection for the refund of your payments and, if the transport is included in the package tour, to ensure your return transport in the event of its insolvency.

Main rights under the Directive (EU) 2015/2302:
– Traveler shall receive all essential information about the package prior to the conclusion of the package travel contract.
– At least one entrepreneur is always liable for the proper delivery of all travel services included in the contract.
– Travelers will be provided with an emergency telephone number or details of a contact point through which they can contact the tour operator or travel agent.
– Travelers may transfer the package travel to another person within a reasonable period of time and possibly at an additional cost.
– The price of the package may only be increased if certain costs increase (for example, fuel prices) and if this is expressly provided for in the contract, and in any case no later than 20 days before the start of the package. If the price increase exceeds 8% of the package tour price, the traveler may withdraw from the contract. If a tour operator reserves the right to a price increase, the traveler has the right to a price reduction if the corresponding costs are reduced.
– If any of the essential elements of the package are significantly changed, with the exception of the price, travelers may withdraw from the contract without paying a cancellation fee and will receive a full refund of all payments. If the entrepreneur responsible for the package cancels the package tour before the start of the package, the traveler is entitled to reimbursement and possibly to compensation.
– Travelers may withdraw from the contract without paying a cancellation fee in the event of exceptional circumstances prior to the start of the package, for example if there are severe security problems at the destination which are likely to affect the package.
– In addition, travelers may withdraw from the contract at any time before the start of the package tour against payment of a reasonable and adequate cancellation fee.
– If, after the start of the package tour, essential components of the package cannot be carried out as specified in the agreement, the traveler must be offered reasonable other arrangements at no additional cost. The traveler may withdraw from the contract without payment of a cancellation fee if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package travel services and the tour operator fails to remedy the situation.
– The traveler is entitled to a price reduction and/or compensation if the travel services are not provided or are not duly provided.
– The tour operator provides assistance to the traveler in case of difficulty.
– In the event of insolvency of the tour operator or, in some Member States, of the travel agent, payments will be refunded. If the insolvency of the tour operator or, where relevant, of the travel agent occurs after the start of the package and the transport is part of the package, the return transport of the travelers shall be guaranteed. Heli-Guides AG has concluded an insolvency protection with FAIR Reisegarant Genossenschaft, Bottighoferstrasse 21, 8596 Scherzingen, Switzerland. Travelers may contact this institution or, if applicable, the competent authority (tel.: +41 71 680 05 81, info@fair-reisegarant.ch) if they are denied services due to the insolvency of Heli-Guides AG.

Date: 21. September 2021