Terms and Conditions
Thank you for your interest in the Conray programmes. With the acceptance of your booking with Conray AG (referred to as ‘the Organiser’) a binding contract between you (referred to as ‘the Customer’) and the Organiser comes into existence. The present Terms and Conditions form an integral part of this contract. Special provisions in the agreement between the Customer and Conray AG take priority over the Terms and Conditions below. We ask you to read the following Terms and Conditions carefully.
Applications can be filed in writing, over the telephone, or in person with the Organiser. From that point in time the rights and obligations of the contract become effective for both the Customer and the Organiser.
2. Object of the Contract
The Organiser is obliged to provide the programmes requested by the Customer as advertised and/or as stated in the booking confirmation. Additional services will be considered after prior agreement with the Organiser. Any additional costs arising will be incurred by the Customer.
3. Completion of Contract/Booking
In acceptance of the booking by the Organiser a contract between the Organiser and the Customer comes into existence. From that point in time the rights and obligations of the contract become effective for both the Customer and the Organiser.
The prices are as advertised or as in the quote provided. Please pay particular attention to the section ‘Detailed Listing of the Services Provided’. All prices are in Swiss Francs and are exclusive of sales tax if not stated otherwise.
5. Terms of Payment
Up to the total amount of CHF 10’000.00 (excluding sales tax) the events are to be paid for within 14 days of invoicing after the event. For total amounts exceeding CHF 10’000.00 (excluding sales tax) a deposit of 50% of the total amount quoted is required 7 days prior to the event. The remainder is to be paid within 14 days upon receipt of the invoice after the event. The number of participants stated in the booking is binding as a minimum number for the calculation of the costs. In case of a cancellation after a confirmed booking up to 29 days prior to the event a charge of between 25% and 50% of the amount quoted will arise. In case of no-show or cancellation less than 29 days prior to the event a charge of 100% of the quoted amount will occur.
External providers such as artists (e.g. live band, shows etc.), transport and services, rent of special materials etc. are always to be paid 100% in advance. This applies provided the quote and/or the booking confirmation doesn’t state otherwise.
Late payment entitles the Organiser to reduce services, to deny services or to withdraw from the contract. Cancellation costs resulting from this will be invoiced to the Customer according to point 6 in these Terms and Conditions.
6. Cancellation and Contract Amendment by the Customer
Cancellations of contracts must be received in writing via registered mail. This must include all received documents (detailed programmes, confirmations, tickets etc.). The cancellation of a contract only becomes legally binding after the receipt of all documentation in full without exception. In case of cancellation of a booking confirmation the Customer will be invoiced with the following charges:
- From booking confirmation up to 40 days prior to the event: 25%
- 39 to 30 days prior to the event: 50%
- 29 and fewer days prior to the event: 100%
The cancellation payment will constitute a voucher in the amount paid which can be used against a future booking within 12 months.
For the services of third parties the cancellation terms of those individual contractors apply.
Costs incurred by a delayed or postponed start of the programme will be invoiced to the Customer. Aborting, delaying the start or premature departure from the programme by the Customer does not constitute a right of refund. Costs incurred by such actions will be invoiced to the Customer. Less than 29 days prior to the event, the costs will be invoiced according to the above stated cancellation policy.
7. Cancellation and Contract Amendment by the Organiser
The Organiser is entitled to cancel the programme at short notice if participants compromise or make impossible the fulfilment of the contract through their behaviour, negligence or through other action. In such a case the terms of the cancellation costs in point 6 apply. If a programme or part thereof cannot be held due to Force Majeure, safety concerns of the Organiser, governmental measures, industrial action or dangerous weather and terrain conditions the Organiser is entitled – even at short notice – to cancel or abort the activities.
Selected programmes e.g. ‘Sailing’ are subject to more stringent cancellation terms, which are particularly referred to in the quote. Payments on account will be refunded after deduction of expenses and services rendered.
Please be aware that a danger-free execution of the programmes is in everybody’s interest. The decisions of the activities’ leaders are final. The Organiser makes every effort for equivalent compensation. The activities’ leaders are not authorised to acknowledge any claims by Customers or contractors on behalf of the Organiser.
8. Conditions of Participation
The participants or the organising committee of the programmes are obliged to report to the Organiser any health problems. The Conditions of Participation of the Organiser as well as the instructions by activities’ leaders and aides must be obeyed. The Organiser reserves the right to suspend offending individuals or groups from the activities. For participation in all programmes a good bill of health is required. Consumption of drugs and other mind-altering substances before and during the activities is strictly forbidden. Alcoholic beverages may be served and consumed in a limited and controlled number if the Organiser is providing and selling it. Alcoholic beverages brought along by the participants may not be consumed during the event.
Any complaints or damages arising during the activities must be reported immediately to the activities’ leader. The activities’ leader will endeavour to seek remedy within the framework of the programme. The Organiser is not liable for damage to participants’ clothes, materials, valuables etc. The exception to this is damages which are the direct fault of the activities’ leaders. The activities’ leaders are not authorised to acknowledge any claims by Customers or contractors on behalf of the Organiser. Compensation claims have to be made within 30 days via registered mail and must include a written statement by the activities’ leader, any items of proof if available, receipts etc.
Omitted or late complaints as well as late filing of documents will render all claims void. The date of receipt by the Organiser is legally binding.
The Organiser is obliged under their due diligence to be insured for their activities. The participants are not insured through the Organiser. We recommend – depending on the programme – that cancellation costs insurance is taken out. The Organiser does not assume liability for accidents during the programmes. The participants are responsible for sufficient insurance covering illness and accident.
The Organiser compensates for the loss of agreed services or additional expenses if it wasn’t possible for the individual activities’ leaders to offer equivalent replacement on the spot. Liability by the Organiser is limited to the direct loss and does not exceed the total price of the arrangement. The Organiser is not liable for programme changes due to delays by trains, buses or by air traffic. In particular the Organiser is not liable for changes in the itinerary due to Force Majeure, industrial action, natural disaster, governmental measures or delays and no show of third parties for which the Organiser is not responsible.
- Accidents and Illness
In case of illness, bodily injury or death the Organiser is only liable for the immediate loss.
- Third Parties
To ensure optimal provision of service the Organiser is entitled to use external service providers. This is with the implied agreement of the Customer. The Organiser is not liable for actions nor failure to act or non-compliance of third parties.
- Damage to Property and Financial Loss
The Organiser is not liable for damage to property and financial loss by the participants on clothes, materials and valuables etc. This is with the exception of losses incurred by the direct fault of activities’ leaders. The Organiser also does not assume liability for valuables.
In case of non-compliance with instructions issued by the Organiser or their employees, the Organiser refuses in principle to assume any liability whatsoever. The Organiser assumes liability for actions and failure to act or negligence of their activities’ leaders as long as it involves activities which are relevant to providing the agreed services.
The above-mentioned statements do not constitute a general acknowledgment of liability.
12. Photos and Videos
Any people taking part in a Conray AG event declare themselves in agreement with the fact that all pictures and videos taken during an event may be published or used for marketing and advertising by the Organiser. The Client or individual participants may withdraw this consent at any time before, during or after the event by sending a written request for photos/videos to be deleted.
13. Law Applicable, Place of Jurisdiction
For the legal relationship between the Client and the Organiser exclusively Swiss Law applies. For lawsuits against the Organiser the place of jurisdiction is agreed to be Lenzburg AG or Aarau only. More stringent provisions of the general terms and conditions appear before the relevant statutory provisions in force.