Terms & Conditions of the SaryVenture GmbH & Nomaduate

Nomaduate operates student expeditions under the rights of SaryVenture GmbH in Switzerland. The terms and conditions are similar to the one of the SaryVenture GmbH (adapted to the characteristics of the Nomaduate student expeditions). The terms and conditions are clearly and transparently formulated. We recommend our customers carefully read SaryVenture GmbH & Nomaduate’s terms and conditions.

SCOPE OF THE GENERAL TERMS AND CONDITIONS

  1. These terms and conditions apply exclusively to tours organized by SaryVenture GmbH & Nomaduate itself.
  2. If SaryVenture & Nomaduate acts as an agent and the trip is organized by a third-party tour operator, the terms and conditions of the third-party tour operator apply.
  3. The term in the program is decisive for the definition of the event. All events are designated as a trip, student expedition, trekking, or expedition.

1.1 OBLIGATIONS OF THE PARTICIPANTS

  1. The participants of the expeditions and trips organized by SaryVenture & Nomaduate commit themselves to respect the host countries‘ habits, traditions, and rights. They commit themselves to mutual recognition, appreciation, and helpfulness.
  2. Furthermore, SaryVenture GmbH & Nomaduate expects the participants to behave environmentally and consciously.
  3. In the event of an accident or incident, participants agree not to disclose any information about the accident or individual participants to the public without the consent of the tour leader. Personal messages, letters, or reports may not be published.

1.2 PREPARATION BY THE PARTICIPANTS

  1. The events of SaryVenture GmbH & Nomaduate require the participants‘ robust and trained physical condition. Good physical condition is essential for the safety of the participants and the whole team.
  2. All participants have to prepare themselves through appropriate training. SaryVenture GmbH & Nomaduate offers assistance if necessary and plans the preparation with the participants. The responsibility for planning and carrying out the practice lies with the participants.
  3. Participants not up to the physical and technical requirements can be excluded from the event. There is no right to reimbursement of the costs. Furthermore, the excluded participant has to bear all additional costs related to the exclusion.

1.3 EQUIPMENT

  1. Participants are responsible for their equipment. SaryVenture GmbH & Nomaduate will only provide the group material (see respective program).
  2. Furthermore, SaryVenture GmbH & Nomaduate provides the participants with a mandatory equipment list. The participants are obliged to carry this material with them.

1.4 PUBLISHING MEDIA

  1. Pictures and films are taken during the activities, on which individual participants can be recognized.
  2. SaryVenture & Nomaduate can use the pictures of the leader or the participants for private use if they are handed over, free of charge. SaryVenture & Nomaduate may use them for websites, print products, or picture galleries.
  3. A right to refuse the publication of media on which the participant is recognizable must be made in writing to SaryVenture & Nomaduate before the start of the event.

1.5 MEDICAL CARE AND VACCINATIONS

  1. SaryVenture & Nomaduate recommends a prior medical examination which is the participant’s responsibility.
  2. Vaccinations are also the responsibility of the participants. SaryVenture & Nomaduate will provide information on the recommended vaccinations and where they can be obtained upon request.
  3. During the event, the leader carries with him a first aid kit.
  4. Participants are required to carry their medication. SaryVenture & Nomaduate does not take any organization and responsibility for personal prescriptions.

1.6 CLOSING OF THE TRAVEL CONTRACT

  1. The registration is based on the travel announcements and the supplementary information provided by SaryVenture & Nomaduate for the respective event.
  2. In the case of electronic registrations, SaryVenture & Nomaduate will confirm receipt of the registration electronically. This confirmation of receipt does not constitute acceptance of the registration.
  3. The contract is concluded with the acceptance by SaryVenture & Nomaduate, which can be declared within 30 days after receipt of registration. At or immediately after the conclusion of the contract, the tour operator will provide the customer with the travel confirmation unless the booking by the customer is made less than 14 working days before the start of the trip.
  4. If the content of the travel confirmation differs from the registration, a new offer is made by SaryVenture & Nomaduate. The customer can accept this within ten days whereby the travel contract is concluded.
  5. Suppose the customer makes the registration for fellow travelers. In that case, he is also liable for their contractual obligations as for his own if he has previously made an express declaration to this effect.
  6. Note: Travel agents and service providers are not authorized to give assurances that deviate from the travel contract’s content or make amending or supplementary agreements.

1.7 PAYMENT TERMS AND PRICES

  1. The down payment is usually 30% of the travel price and is due within 20 days of receipt of the down payment invoice.
  2. In the case of a down payment, the remaining amount is due no later than six weeks before the start of the trip. For trips booked less than four weeks before the beginning of the journey, the traveler will receive a total invoice along with the travel confirmation. The total travel price is due immediately upon receipt of the invoice.
  3. The remaining or total amount (if no down payment has been issued) becomes due as soon as it is determined that the trip will occur as planned. Usually, the invoice will be sent eight weeks before departure. This amount will be invoiced separately if additional services have been booked (such as a single room).
  4. The amount must be paid by the due date on the invoice.
  5. Suppose the due down payment or the total amount is not or not fully credited to SaryVenture’s & Nomaduate’s account by the due date, despite a reminder with a deadline and a threat of rejection. In that case, SaryVenture & Nomaduate are entitled to withdraw from the contract and demand compensation from the traveler for non-fulfillment.
  6. If an event cannot be carried out due to the minimum number of participants not being reached, SaryVenture & Nomaduate may cancel the trip or expedition. Alternatively, it is possible to carry out the event with fewer participants. This is often associated with additional costs, which will be distributed among the remaining participants.
  7. For participants from Switzerland, the price is in CHF. For participants from abroad, the price is converted into either Euro or USD (according to the prevailing exchange rate).

1.8 INSURANCE

  1. Cancellation and travel insurance are not included in the travel price.
  2. SaryVenture & Nomaduate requires participants to take out personal cancellation and travel insurance, which is to be arranged by the participants themselves.
  3. By registering, the participant declares to be adequately insured against all risks associated with the trip or expedition. This includes, in particular, illness, accident, and theft. In particular, the participant declares that rescue, repatriation, and cancellation costs are covered.

1.9 CHANGES TO THE PROGRAM

  1. Changes to the program are expressly reserved. Of course, SaryVenture & Nomaduate cannot guarantee that the program will be conducted strictly as indicated.
  2. Changes to services:
    1. The customer will be informed immediately of any service changes after the reason for the change becomes known.
    2. Significant service changes are only permissible with the customer’s consent after concluding the contract.
    3. In the event of a necessary change to services, SaryVenture & Nomaduate will submit an offer to amend the contract to the travel guest.
  3. SaryVenture & Nomaduate reserves the right to increase the agreed prices in case of increased costs or charges for certain services (such as airport fees, entry fees, or national park fees).

1.10 CANCELLATION BY THE CUSTOMER BEFORE THE START OF THE EVENT AND NON-ATTENDANCE OF THE TRIP

  1. The customer can cancel the trip at any time before the start of the trip by notifying the tour operator. Regardless of the time of cancellation, a processing fee of CHF 150.- will be charged.
  2. The compensation claim is calculated in a percentage ratio to the travel price, taking into account the time of cancellation. For all events organized by SaryVenture & Nomaduate:
    1. up to 92 days before departure, 10% of the total travel price,
    2. up to 61 days before departure, 50% of the total travel price,
    3. up to 31 days before departure, 70% of the total travel price,
    4. up to 14 days before departure, 90% of the total travel price,
    5. for later cancellations: 100% of the total cost.
  3. SaryVenture & Nomaduate strongly recommends the conclusion of travel cancellation insurance and overseas health insurance, including repatriation costs due to accident, illness, or death. Cancellation costs and travel insurance are not included in the price of the program.

1.11 REBOOKING

  1. There is no entitlement to changes in the travel date, destination, place of departure, accommodation, mode of transport (rebooking), or other booking changes.

1.12 UNUSED SERVICES

  1. Suppose the customer does not use individual travel services offered to them properly for reasons attributable to the customer (e.g., due to early return). In that case, they are not entitled to a pro-rata refund of the travel price. SaryVenture & Nomaduate will endeavor to obtain reimbursement of the saved expenses from the service provider. This obligation does not apply if the services are entirely insignificant.

1.13 TERMINATION AND WITHDRAWAL BY SARYVENTURE GMBH & NOMADUATE

  1. Termination without notice:
    1. SaryVenture & Nomaduate may terminate the travel contract without notice if the traveler persistently disrupts the implementation, puts himself or third parties in danger of life and health through his behavior during the journey, or if he behaves in such a way that immediate termination of the contract is justified.
    2. If SaryVenture & Nomaduate terminates, he retains the right to the travel price; however, he must credit himself with the value of the saved expenses and the benefits he obtains from another use of the services not used, including the amounts credited to him by the service provider.
  2. Withdrawal due to failure to reach the minimum number of participants
    1. SaryVenture & Nomaduate may withdraw from the contract due to failure to reach the minimum number of participants no later than 30 days before the agreed travel start date if the minimum number of participants specified in the respective travel description and confirmation is not reached. If it is already apparent at an earlier time that the minimum number of participants will not be reached, SaryVenture & Nomaduate must immediately exercise his right of withdrawal.
    2. The traveler can demand participation in at least an equivalent trip if the tour operator can offer such a trip from his range without an additional fee for the traveler. The traveler must exercise this right immediately after the declaration by the tour operator. Otherwise, he will directly receive the deposit paid for the travel price.
  3. The third-pathird-partyinto an existing contract.
    1. The traveler has the option until the start of the journey for a third party to enter into the existing contract and assume its rights and obligations instead. SaryVenture & Nomaduate may object to the entry of the third party if he does not meet the travel requirements.
  4. Withdrawal due to default in payment
    1. If the due deposit or travel price is not credited to the tour operator’s account despite a reminder with a deadline and a threat of rejection at the due date or is not credited in full, SaryVenture & Nomaduate is entitled to withdraw from the contract and demand damages for non-fulfillment from the traveler.

1.14 LIABILITY

  1. Participants take part in the expedition at their own risk and peril. The liability of SaryVenture & Nomaduate is limited to willful intent and gross negligence. Furthermore, SaryVenture & Nomaduate excludes liability for its assistants and third parties.
  2. For damages that are not personal injury, the obligation to pay compensation is limited to twice the price of the event.

1.15 CUSTOMER OBLIGATIONS

  1. Travel Documents
    1. Suppose the customer does not receive the necessary travel documents (e.g., flight tickets and hotel vouchers) within the time frame the travel operator communicates. In that case, the customer must immediately inform the travel operator.
  2. Complaints
    1. The customer can demand remedial action if the contract does not provide the trip. Any travel defects must be reported to the travel operator immediately. If the report is culpably omitted, a trip’s price reduction cannot be claimed unless the information is hopeless or unreasonable for other reasons.
    2. The complaint must be made immediately to the tour guide at the vacation spot or, if none is available, to the travel operator at their headquarters. The customer will be informed of the accessibility of the tour guide or travel operator in the service description, but no later than with the travel documents.
    3. The tour guide is authorized to provide remedial action as far as possible. However, they are not allowed to acknowledge customer claims.
  3. Duty to mitigate damages
    1. The traveler must avoid or minimize any damages and inform SaryVenture & Nomaduate of the risk of injury.

1.16 PASSPORTS, VISAS, AND HEALTH REGULATIONS

  1. SaryVenture & Nomaduate guarantees to inform nationals of the country where the trip is offered about passport, visa, and health regulations, as well as any changes to them, before the trip. For nationals of other countries, the appropriate consulate provides information. It is assumed that there are no exceptional circumstances regarding the customer and any accompanying travelers (e.g., dual citizenship, statelessness).
  2. SaryVenture & Nomaduate is not liable for the timely issuance and access to necessary visas by the respective diplomatic representation if the traveler has commissioned SaryVenture & Nomaduate to handle it unless SaryVenture & Nomaduate has violated its obligations through fault.
  3. The customer is responsible for obtaining and carrying the necessary travel documents, vaccinations and health precautions, and compliance with customs and foreign exchange regulations. The customer bears any disadvantages, particularly the payment of cancellation fees resulting from non-compliance with these regulations, except in cases where SaryVenture’s & Nomaduate’s culpable misinformation or failure to inform is the cause.

1.17 SPECIAL COSTS

  1. All special costs resulting from or in connection with changes in the intended travel itinerary caused by reasons attributable to the customer are borne by the customer and must be paid to the respective claimant immediately upon their occurrence. This does not apply if the incurrence of these costs is due to a breach of duty by the tour operator. These special costs include, for example, expenses arising from the customer’s delayed arrival for the flight or prepared trekking tour or fees for an early return from a hike due to illness, sickness, or accident (e.g., prices for helicopter or airplane transportation, hospital, and hotel stays, including those for accompanying persons). In the event of an acute emergency, if SaryVenture & Nomaduate provide advance payment, the amounts disbursed must be paid immediately after the completion of the trip.

1.18 GROUP LEADERSHIP AND PARTICIPANT ROLE

  1. The information the leader provides in the travel program is purely informative and not binding. The decisions and instructions made by the leader during the trip and expedition must be followed. If participants disobey the instructions, they may be excluded from the event. Excluded participants must bear the additional costs themselves and are not entitled to a proportionate refund of the travel price (further details under the above points).
  2. If the leader drops out during the trip, the participants will immediately select a new leader from their group and notify SaryVenture & Nomaduate.
  3. For high-altitude mountaineering
    1. The tour leader is responsible for the overall group management during the trip or expedition, but not as a mountain guide for individual participants. Participants travel in independent rope teams without a mountain guide. Therefore, participants are expected to have solid high-altitude experience, excellent physical condition, and excellent health. Participants must be able to move independently, efficiently, and safely in mixed terrain (that is, in snow, ice, and rock).
  4. Participants must help with the necessary work on the trip and in the mountains to the best of their knowledge and abilities. This may include setting up and dismantling high-altitude camps.

1.19 JURISDICTION

The place of jurisdiction is St. Gallen. The relationship between the Customer and SaryVenture & Nomaduate shall be governed exclusively by Swiss law.

1.20 TOUR OPERATOR

Tour operator is: SaryVenture GmbH
legally represented by the managing directors: Damian Göldi and Marcel Jaun
Geissbergstr. 7, CH – 9606 Bütschwil
Phone: +41 76 317 45 54
Status: April 2023

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