General Terms & Conditions (GTC)
The following terms have been translated from the french version available here: https://www.salvafauna.com/fr/conditions-generales. For any claim, the french version will apply.
SALVA FAUNA (SF) is delighted to accompany you for beautiful excursions and tours that we have prepared with great care for you. We thank you for your trust and kindly read the terms and conditions (GTC) carefully.
1. Scope of the GTC
1.1 These GTC regulate the legal relationship between the clients and SF relating to SF's travel and tour arrangements or other services provided by SF.
2. Purpose of the contract
2.1 SF undertakes to organize tours and excursions and to provide the services provided in its offers published on its website, to the exclusion of any other document.
2.2 Certain services may be modified by written agreement between the parties.
2.3 Client’s special requests do not bind SF and are not part of the contract.
3. Conclusion of the contract
3.1 The contract between the client and SF is concluded at the time of payment by credit card using the payment system made available by SF on its website, or by bank transfer, or at the latest when receiving the confirmation of the reservation by email from SF.
3.2 Upon conclusion of the contract, the GTC are valid for the client and all accompanying participants.
3.3 The client legally responds for all the participants who he/she registered for the tour or excursion.
4.1 Unless otherwise stipulated or communicated by SF, SF services start at the pick-up point indicated by email before the tour or excursion.
4.2 The scope of services is defined in the offers published on the internet (product sheet). SF does not organize transport to reach the meeting point.
4.3 Participants under the age of 18 are admitted as long as they are accompanied by a legal representative.
4.4 Unless otherwise expressly stated in the offers published online, the costs of the drinks are at the charge of the client.
4.5 Animals are not allowed.
5. Passport, visa, vaccination, customs formalities, currency and travel documents
5.1 The client and accompanying participants are requested to get information from diplomatic representations of the country in which they want to go in their country of residence.
5.2 Participants are responsible for their passport, visa, customs, vaccination or other travel documents that must be in effect during the entire trip or excursion. The same is true with respect to the import of merchandise and foreign currency requirement.
5.3 If one of the documents necessary for the performance of the contract can not be obtained in time and the client must cancel the trip or modify it, Article 8 of the GTC is applicable.
6. Prices and payment terms
6.1 Prices for SF services are included in the offers presented on its website.
6.2 Unless otherwise stated, the prices of the services are in Swiss francs per person and include the fees, the costs of the contractual services and the VAT, if applicable.
6.3 SF does not take any booking fee or handling fee.
6.4 Payment of the entire amount is made by credit card via the payment system available on SF’s website, or by bank transfer.
7. Price changes
7.1 SF assumes all price changes (external service providers, VAT, fuel, etc.).
8. Modification or cancellation of the trip or excursion
8.1 In case of modification by the client
8.1.1 A client who wishes to change his tour or excursion must send a registered mail stating the reasons no later than 30 days before the first day of the planned tour or excursion. Accepted changes will be communicated in writing by SF to the client.
8.1.2 For all modifications except for that provided for in Article 8.2.3 of the GTC, SF will charge a fee of CHF 60.- for administrative costs.
8.1.3 In the event of the client being replaced by another person of his choice, SF will only receive the change fee, provided that the replacement person takes all the client's obligations and confirms it in writing. In such cases, the client and the replacement person are jointly and severally liable for payment of the price resulting from such a change. The substitute's intervention is admissible up to 2 days before the start of excursions and tours to Switzerland and up to 14 days for excursions and tours abroad.
8.1.4 Changes not communicated prior to the excursion or tour in accordance with Articles 8.2.1 and 8.2.3 will not be considered by SF.
8.1.5 If the client voluntarily ceases his tour or excursion before its term, he thereby manifests his renunciation of the full performance of the contract and the reimbursement of the services not obtained so that he will have no right to reimbursement of the price paid and will have to bear the costs of his repatriation and any ancillary costs. Any claim by the client in this regard is excluded.
8.2 In case of cancellation by the client
8.2.1 Clients wishing to cancel their trip or excursion must inform SF by registered mail stating the reasons.
8.2.2 For the calculation of cancellation fees, the date of receipt by SF of the registered mail shall be decisive, and for Saturdays, Sundays and public holidays, the next working day.
8.2.3 In case of cancellation up to 61 days before the date of departure of the tour and up to 5 days before the day of the excursion, SF receives 50% of the price of the tour or excursion, the balance being returned to the client.
8.2.4 In the event of subsequent cancellation or no-show of the client, SF retains the amount of the price of the tour or excursion.
8.3 If modified by SF
8.3.1 SF expressly reserves the right, if unforeseen circumstances so require, to modify the travel program, excursion program or certain agreed services (eg accommodation). These changes will be notified to the client as soon as possible.
8.3.2 SF will do its best to provide clients with services of equivalent quality as a replacement.
8.3.3 In the event of a non-essential modification of the contract occurring before or during the tour or excursion, SF will take all possible corrective actions. Any claim by the client in this regard is excluded.
8.3.4 In the event of an essential modification of the contract sent in writing to the client more than 10 days before the trip or the excursion and without written cancellation of this one within 5 days following the reception of the modification, the modification communicated by SF is deemed accepted by the client and forms an integral part of the contract initially concluded.
8.3.5 In all cases of essential modification of the contract, if SF is not able to provide the client with services of equivalent quality, but the client wishes to maintain the contract, SF will refund to the client the difference between the services concluded and those provided. If the replacement benefits are more expensive than those originally contracted, only the price of the latter will have to be paid. In the event of cancellation of the contract by the client, SF refunds to the client the whole of the price paid by the latter, under deduction of the services already provided.
8.3.6 If SF has to interrupt the tour or excursion before its end, SF is entitled to deduct from the price paid by the client, the costs already incurred and refunds the balance of the price to the client. Any additional claim by the client is excluded.
8.4 In case of cancellation by SF
8.4.1 In cases of cancellation prior to travel or excursion due to force majeure (eg decision of the authorities, weather, etc.) or if the required minimum number of participants is not reached, SF informs the client in writing of the cancellation up to 15 days before the departure date of the tour and up to 1 day before for the day of the excursion. SF also tries to offer the client a tour or an excursion replacement of the same value. In case of agreement of the client on the replacement of the initial tour or excursion, the amounts already paid in this respect are charged on the price of the new tour or excursion and a possible difference is refunded to the client. If the replacement tour or excursion is more expensive than the original contract, only the price of the replacement tour or excursion will have to be paid. The replacement tour or excursion is deemed to have been accepted if, within 5 days of receipt of the written proposal, no written cancellation has reached SF or if the client agrees in writing for the proposed replacement. If the client refuses the proposed replacement and terminates the contract, the amounts already paid are returned to the client. Any other claim of the client is excluded.
8.4.2 In other cases of cancellation prior to the tour or excursion, art. 8.5.2 is also applicable.
9.1 The conclusion by the client of the following insurance is mandatory:
insurance for cancellation and repatriation costs. This must include the cancellation or interruption of the trip in case of accident, illness or death of the client or his relatives;
health and accident insurance;
insurance for search and rescue expenses. These elements are sometimes included in the insurance for cancellation and repatriation costs;
liability insurance, covering in particular mountain accidents.
9.2 By contracting on the internet a tour or an excursion with SF, the client confirms to SF by its conclusion, to have such an insurance. SF declines all responsibility in case of default of such insurance coverage of the client.
10. Responsibilities and obligations
10.1 SF shall provide the client with the proper performance of the contract, including the selection of external service providers (guides, accommodation, etc.) and the organization of the tour or excursion, insofar as no required client insurance covers the damage. SF also undertakes to execute the proposed arrangements in accordance with these GTC. SF is a member of the guarantee fund of the Swiss travel branch and guarantees the client the amounts paid at the conclusion of the tour or excursion.
10.2 In addition to the payment of the price and the other obligations mentioned in the GTC, the client is obliged to:
comply with schedules and all instructions imposed by SF or external service providers, especially security instructions;
inform SF of any illness or accident to be considered by SF or external contractors before the conclusion of the contract. The client must assess his own state of health in view of the requirements of the planned tour or excursion and if necessary, give it up;
have the proper equipment for the tour or excursion (for example, good walking shoes, a backpack, etc.). The client must consult with SF before the start of the tour or excursion to ensure that he has the necessary equipment for the proper performance of the contract.
10.3 In the event of non-compliance by the client with his obligations, SF assumes no liability, particularly with regard to accidents, caused by the fault, imprudence or gross negligence of a client. SF reserves the right to exclude at any time a client whose behavior endangers or harms the well-being of the other participants, the fauna, the flora or the environment in general or that SF. If applicable, no compensation will be payable by SF and the price paid by the excluded client will be retained by SF.
10.4 SF also declines any responsibility in case of breach of the client, in the event of unforeseeable or insurmountable failures attributable to a third party outside the provision of the services provided for in the contract, in case of force majeure or in the event of an event that SF, despite all due diligence, could not foresee. In these cases, any liability for SF damages is excluded.
10.5 SF assumes no liability for loss of personal effects, valuables, cameras or other property in the event of theft, loss or damage.
10.6 In the event of material, financial or other damage resulting from non-performance or improper performance of the contract, unless the damage has been caused intentionally or by gross negligence, SF's liability shall be limited to twice the price of the trip at most. Remaining reserved, the lower limitations of liability stipulated by international conventions.
11.1 If the tour or excursion is not in accordance with the terms of the contract or the client is aggrieved, the latter is entitled and obliged to report this deficiency or damage to SF, either to his representative on the spot or to the SF guide. If no assistance is provided to the client within a period appropriate to the tour or excursion or if it is impossible or insufficient, the client must ask the service provider, the guide or the representative of SF on the spot a written statement exhibiting the facts, the alleged failures and the damage suffered. In no case is the written attestation a legal recognition of the elements it contains, nor a recognition of a right to compensation. The certificate is a prerequisite for any compensation.
11.2 The client must send his complaint to SF, in writing, accompanied by the aforementioned certificate, within 10 days after the end of the tour or excursion. In the absence of a certificate, the client can not claim compensation.
11.3 Any disputes, disputes or claims arising out of or relating to the contract or the GTC, including the validity, invalidity, possible breaches of the contract or its termination are subject to mediation prior to any legal proceedings.
The seat of the mediation is in Geneva and the mediation process takes place in French.
The parties will, by mutual agreement, appoint a mediator from the list of Geneva mediators, a member of the Swiss Association of Mediation Associations.
In the event that the dispute, the dispute or the claim has not been fully resolved by the mediation within 60 days from the date of confirmation or appointment of the mediator and provided that none of the parties in bad faith prolonged the process, the client is allowed to go to court.
12. Data protection
12.1 At the conclusion of the contract, in addition to the client’s details (name, address, e-mail, telephone number), the following information is generally recorded or processed: date of trip, destination, client’s wishes, information on other participants , payment information, date of birth, language, etc.
12.2 As soon as the client pays the price of the concluded contract, he is deemed to confirm the accuracy of the data indicated and his consent to the collection and processing of his data as provided in Article 12 GTC.
12.3 In certain situations, other information may be collected, recorded and processed (for example in the event of an accident). The data is used for the execution of the contract and the provision of services, for the implementation of a market-specific offer for analysis, marketing and consulting purposes. SF thus reserves the right to send to the client offers likely to interest him. If the client does not wish to receive them, he can write directly to SF.
12.4 By contracting with SF, the client gives his consent to SF and his staff for taking pictures and videos on which the client can appear, which can then be reproduced, preserved and published in a sustainable way on the website of SF, on social networks and on media, for marketing purposes.
13. Applicable law and jurisdiction
13.1 Swiss law is applicable to the legal relationship between SF and the client and to the GTC.
13.2 The Geneva courts are exclusively competent, subject to mandatory provisions.