TERMS AND CONDITIONS OF BUSINESS (c) other tourist services not ancillary to transportation or accommodation which account for a significant part of the arrangements. For all other arrangements, AMOVIOM is the Booking Agent for the supplier including the supplier of any package where AMOVIOM acts as the agent of that supplier. In Overview this event, your contract will be with the supplier (or General ................................................................................. - 1 - suppliers) and AMOVIOM accepts no responsibility for the 1. Booking your holiday ...................................................... - 1 2. Payment and Confirmation ............................................. - 2 - suppliers’ actions or omissions. Copies of the conditions of 3. Prices ................................................................................. - 2 - your contract with your supplier are available on request from 4. Amendments by the company ......................................... - 2 - us, and AMOVIOM recommends that you ask for them and 5. Cancellation by AMOVIOM or its suppliers ..................... - 3 - read them before you book. 6. Changes by You ............................................................... - 3 7. Cancellation by you ......................................................... - 3 - 1. Booking your holiday 8. Insurance ........................................................................... - 3 - 1.1 On your enquiry, AMOVIOM establishes where and when 9. Your behaviour and responsibilities ................................ - 4 - you wish to travel, what type of initial ideas and preferences 10. Illness and Disability....................................................... - 4 - you have as well as potential direction for a budget, either via 11. Documentation ............................................................... - 4 - phone or email. 12. Travel Arrangements ...................................................... - 4 13. Suppliers.......................................................................... - 4 - 1.2 Through a personalized process we will then discuss 14. AMOVIOM’s Responsibilities & limitations of liability . - 5 - potential itineraries with you. Here we will also incorporate 15. Currency Refunds........................................................... - 5 - additional ideas preferences and ideas from your side. 16. Complaints ..................................................................... - 5 17. Governing Law ............................................................... - 6 - 1.3 We will then prepare a final itinerary for your 18. Data Protection .............................................................. - 6 - consideration and present it to you within seven to 21 days 19. Editorial Deadline ........................................................... - 6 - depending on the complexity of your trip unless otherwise 20. COPYRIGHT ................................................................ - 6 - specified during the booking process. The thought and creativity that goes into making an AMOVIOM trip is priceless, however should you not be satisfied with the final price, General All bookings are made with AMOVIOM GmbH (“AMOVIOM”), registered at Luzernerstraße 60 Adligenswil, 6043 Luzern, AMOVIOM will endeavour to adjust the trip to meet your budgetary requirements. Switzerland. All planning, preparation, organisation of 1.4 The experiences we create are priced as complete packages, activities - of initial offers and also purchased journeys - as well which include components with confidential contract rates as the execution of our “packaged journeys” (as described in with partners, as such AMOVIOM is unable to itemise costs. If the next paragraph) take fully and exclusively place in necessary, a final balance invoice will be issued to take into Switzerland European countries account additional costs incurred by AMOVIOM for extras and depending on each uniquely tailored journey. In Taiwan options not covered in this arrangement. AMOVIOM does not AMOVIOM is active only through a representative engaging in under any circumstance provide a breakdown of costs. and potentially other liaison work. 1.5 Once the itinerary has been agreed, you will be invoiced Your contract will be with AMOVIOM or with another for a portion of the full cost, usually 40% but this will vary at supplier of travel services and this will depend on the type of our discretion and depending on the nature of the trip, arrangements you book. Your contract will be with particularly when aircraft or yacht charters are involved. You AMOVIOM if it arranges a “package” comprising at least two or are required to pay the remaining 60% of the trip’s cost at least more of the following services where the services are sold at an three months prior to its commencement. (More Details inclusive price and are taken together and where they either regarding payment and confirmation process under Section 2. cover a period of more than 24 hours or include overnight Payment and Confirmation) accommodation: (a) transportation; (b) accommodation; and Luxury honeymoons in Europe. Unique and truly exceptional experiences. Tailored specifically for you. TERMS AND CONDITIONS SWITZERLAND Page - 1 - 1.6 Many airlines now require the full name of all passengers address, a residential address will also be required for travelling. We will therefore ask you at the time of booking to emergency and security reasons. confirm the number of members in your party and to provide us with the first forename (as shown in each passport) as well as the title and surname of each member. 2.5 The remainder of the price payable to AMOVIOM is to be paid three months prior to the commencement of the tailored journey and/or service. 1.7 The Company will try to arrange for Special Requests such as diet, room location, twin or double bedded room, a particular facility or flight seat, to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any Special 2.6 If the tailored journey is to commence in less than three months, the full price shall always be payable immediately. This is irrelevant of anything contrary contained in these terms and conditions for other cases. Request does not constitute a term of your contract with us 2.7 If any payment remains unpaid after seven days past the unless we have confirmed in writing that your requirement due date of the payment, AMOVIOM reserves the right to will be met. cancel your booking without notice. You will be liable for any costs incurred. 2. Payment and Confirmation 2.1 All payments to AMOVIOM are to be made by telegraphic transfer directly into the bank account of AMOVIOM, as follows: 3. Prices 3.1 Unless stipulated differently by AMOVIOM, all prices will be in the currency of the country where the service will be rendered for the traveller, usually in euros. Account Name: AMOVIOM GmbH Bank: PostFinance 3.2 AMOVIOM reserves the right to impose surcharges in IBAN: CH51 0900 0000 9172 0106 1 respect of cost increases incurred during the creation of your BIC / SWIFT: POFICHBEXXX tailored journey. These may include but are not limited to In case a telegraphic transfer is not possible, payment by credit card can be arranged but will be subject to an additional increases related to fuel, airport costs/taxes, currency fluctuations, increases levied by suppliers used for your tailored journey or any part thereof or government action charge depending on the credit card provider. (both Swiss and foreign). 2.2 An initial payment of usually 40% of the full price is payable at the time of booking (see 1.5 above). 3.2a If the increase is in excess of 10% of the total cost, you can withdraw from the tailored journey or package and 2.3 On receipt of your correct deposit we will book your AMOVIOM will give you a full refund of all money paid to the arrangements and issue a Confirmation Invoice. A contract company less an administrative charge of 500€. will come into existence on the date on which we issue a Confirmation Invoice. When you make a booking you are 3.3 No refunds will be given if currency rates improve. confirming that you are at least 18 years of age and that you 3.4 Value Added Tax will be included in the price wherever understand our booking conditions and have accepted them applicable. on behalf of yourself and all members of your party. All contracts with AMOVIOM GmbH are subject to these booking 4. Amendments by the company conditions. 4.1 If AMOVIOM is your Booking Agent, your contract with 2.4 It is important for you to check the details on the Confirmation Invoice as soon as you receive it. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Company all correspondence and other communications will be sent to the address of the your suppliers may allow the supplier to change the booking details. Where this occurs, AMOVIOM will ensure that you are promptly notified of any significant changes (for example, to airline flight times and routes) but will accept no liability for the changes or costs which may result. person who made the initial payment unless you specify otherwise. If you request correspondence through a business Luxury honeymoons in Europe. Unique and truly exceptional experiences. Tailored specifically for you. TERMS AND CONDITIONS SWITZERLAND Page - 2 - 4.2 AMOVIOM aims to run the tailored journey as created. not travel against EDA Travel advice and warnings as they are However, occasionally it may be necessary to make minor given for your safety and security. changes to the tailored journey. No refund will be made. 6. Changes by You 4.3 Accuracy of information - We check the information 6.1 If, after our invoice has been issued, you wish to change which we provide about our holidays very carefully. your tailored journey or package in any way (for example, However, tour, excursion or cruise itineraries may change as a your chosen departure date), AMOVIOM will do its utmost to result of local conditions. Circumstances such as these, or make your changes but this may not always be possible. Any weather conditions, may cause some of the amenities we have request for changes must be made in writing. described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure. 6.2 You may be asked to pay an administration charge of €100 for each person whose travel arrangements are changed, along with any further costs we incur in making this alteration. 4.4 If AMOVIOM is unable to offer a significant proportion of the tailored journey or package, you will be offered a refund 7. Cancellation by you or an alternative trip of equal or greater value which 7.1 If you wish to cancel a tailored journey or package or AMOVIOM, at its sole discretion, deems suitable. leave/return early, AMOVIOM will endeavour to do what it can to help you make any necessary arrangements, yet any 5. Cancellation by AMOVIOM or its suppliers additional costs incurred by AMOVIOM occasioned hereby 5.1 AMOVIOM reserves the right to cancel a tailored journey shall be your liability. or package or any part thereof. In this unlikely event, you will receive a refund of all invoices paid to AMOVIOM less any 7.2 In case of cancellation before the start of the journey it is losses incurred by AMOVIOM. AMOVIOM’S policy to refund as much as possible of all already 5.2 AMOVIOM cannot guarantee any refund if the company is planning, organising and booking your journey. Due to the forced to cancel, or make significant changes to, the tailored high customisation of each tailored journey AMOVIOM cannot journey due to circumstances beyond its control or that of its guarantee to refund specific percentages of a journey’s price. made payments less any costs already incurred as a result of suppliers. Nonetheless, AMOVIOM will attempt to refund as much as possible of all already made payments less any costs 8. Insurance already incurred as a result of planning, organising and 8.1 Comprehensive insurance is compulsory for all persons booking your journey. Circumstances beyond our control booking an AMOVIOM tailored journey. You must ensure that include but are not limited to man-made or natural disasters, your insurance is valid for the duration of your tailored acts of god, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, riots or civil disturbances or acts of government and any acts which lead the “Eidgenössisches Department für auswärtige Angelegenheiten” – EDA (Swiss Department for journey. 8.2 Your insurance policy must be comprehensive and include sufficient coverage, especially regarding accident, repatriation, medical and third party liability. Foreign Affairs) or the “Bundesamt für Gesundheit” – BAG 8.3 You must produce proof of insurance if required by (Swiss Department for Health) to advise travellers against non- AMOVIOM. essential travel to your destination. 8.4 You should secure your insurance cover at the earliest 5.3 In the event of the EDA advice and warnings against travel opportunity to ensure you are covered and in any event prior to a specific destination or location(s) of a trip, should the to departure or within 14 days of payment of the full invoice, traveller still choose to travel, notwithstanding such travel whichever date is earlier. advisory or warning, the traveller assumes all risks of loss, personal injury, death or property damage from any event that may arise out of or associated with the travel advice or warnings given. The Company strongly recommends you do 8.5 For customers form Taiwan & China we provide travel insurance with our insurance partner company Dr. Walter and directly coordinate this process for you. Please let us know should you not want to use this service. Luxury honeymoons in Europe. Unique and truly exceptional experiences. Tailored specifically for you. TERMS AND CONDITIONS SWITZERLAND Page - 3 - 9. Your behaviour and responsibilities 10. Illness and Disability 9.1 You are expected to behave decently and with 10.1 You are responsible for telling AMOVIOM and any consideration to AMOVIOM, any suppliers and fellow suppliers of your holiday services of any medical or health travellers. condition that could have an effect on your ability to 9.2 You must comply with rules and regulations set by accommodation providers and all other suppliers from time to time. participate in or your performance on the trip and of any preexisting medical problems/conditions. This also includes pregnancy, as some activities will not be possible/allowed while pregnant (e.g. cruises or certain sport activities). 9.3 AMOVIOM does not accept responsibility should you suffer any injury as a result of or in connection with you skiing or snowboarding off-piste, hiking other than on level walking If your medical condition should change during the course of the trip, you must keep AMOVIOM informed. 10.2 Any medical information you submit to AMOVIOM will paths or bicycle riding. 9.4 You are responsible for looking after the accommodation where you stay during your tailored journey. You may have to pay AMOVIOM or the respective location hotel a damage deposit on rental property; this deposit will be returned to you after completion of the tailored journey, provided no damage has occurred in the accommodation. If damage has been inflicted on the rented accommodation, all clients who occupied that property are responsible for costs incurred to be held in the strictest confidence and AMOVIOM will abide by all of its obligations under Swiss Data protection, mainly the “Bundesgesetz über den Datenschutz der Schweiz” and associated legislation. In the event your trip is cancelled or curtailed because you have failed to inform us of any medical condition, you will not be entitled to any refund and we will be entitled to recover from you any loss that we have incurred. 11. Documentation rectify the damage caused. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorise the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges. 11.1 It is your responsibility to obtain all documents required for your holiday, including passports, visas, health certificates and international driving licenses. You must have a passport that is valid for at least six months from the date that you enter all foreign countries. It is also your responsibility to ensure that these documents are in good order and that you 9.5 AMOVIOM reserves the right to remove any traveller or travellers from all or part of the tailored journey if AMOVIOM feels they are behaving in an unacceptable manner. AMOVIOM will not be responsible for repatriation or any costs incurred, have them with you when necessary. 11.2 AMOVIOM is not responsible for any costs incurred due to your not having the correct documentation when required. and no refund will be given as the result of being removed 12. Travel Arrangements from the trip or part thereof. 12.1 You are responsible for checking in for all flights and 9.6 All of your property is your own responsibility. If you lose any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return. 9.7 To avoid discrimination (e.g. due to gender or sexual orientation) or even criminal sanctions, participants of our journeys should inform themselves about the local customs and laws of the countries they are visiting. AMOVIOM does not take any responsibility for violations of local customs and laws or other similar offences. other travel arrangements in good time and with the correct documentation. AMOVIOM will not be responsible for any costs incurred by your failure to be there on time or with the required documents. 13. Suppliers 13.1 Some aspects of AMOVIOM’s tailored journeys may be run by third-party suppliers. These services and activities include but are not limited to flights, accommodation, biking, walking, horseback riding, rafting, kayaking, canoeing, paragliding, ski and snowboard tuition, transfers, avalanche awareness courses, yoga courses, off-piste skiing and Luxury honeymoons in Europe. Unique and truly exceptional experiences. Tailored specifically for you. TERMS AND CONDITIONS SWITZERLAND Page - 4 - snowboarding, gliding, and helicopter and other aircraft flights 14.6 AMOVIOM will be under no liability at all if you suffer or charters. These aspects may be dependent on factors outside loss, death or personal injury where there has been no fault on AMOVIOM’s control, such as weather, and if they do not run the part of AMOVIOM or its own employees or the loss and for any reason, no refund will be given. damage has been caused by circumstances over which 13.2 You must acknowledge that many of the activities offered are inherently risky. AMOVIOM does not accept responsibility and is not liable for any negligent acts or defaults of any AMOVIOM could not reasonably foresee or prevent or are caused by a third party unconnected with the provision of your trip or by your fault. supplier or any other person, company or corporation not 14.7 Subject to these terms and conditions AMOVIOM may directly under its control. accept responsibility for death, injury or illness which you 13.3 Some suppliers may request that you sign a waiver or acknowledgement of risk. If you refuse to sign, you may be excluded from that activity and no refund will be issued. must prove was caused solely by the negligent acts and/or omissions of its employees or agents and its suppliers whilst acting within the scope of, or in the course of, their employment in the provision of your contractual travel 14. AMOVIOM’s Responsibilities & limitations of liability 14.1 AMOVIOM’s obligation to you is to take reasonable care to properly perform the holiday contract and this is discharged when we or our suppliers take reasonable care to arrangements. 14.8 The amount of any compensation to which you may be entitled will be limited in accordance with and/or in an identical manner to: perform our obligations or comply with any local standards 14.8.1 the contractual terms of the companies that provide applicable to any services. We accept no responsibility for the you services including the transportation for your travel actions or omissions of suppliers when it acts as your Booking arrangements. These terms are incorporated into this contract; Agent, and in such cases the rest of this clause 14 does not and apply. 14.8.2 any relevant international convention, for example, the 14.2 AMOVIOM’s liability is, to the extent legally permissible, Montreal Convention in respect of travel by air, the Athens limited to a maximum of double the price of the journey and Convention in respect of travel by sea, the Berne Convention only with regard to the direct and individual harm. in respect of travel by rail and the Paris Convention in respect 14.3 AMOVIOM takes all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities on the trip in which you participate do have a risk of accident and injury. Therefore, you will not take any unreasonable risks, and if you do, then you are responsible for 14.4 AMOVIOM will be under no liability at all if you suffer loss, death or personal injury as a result of the preparation or execution of trend-/extreme-sport activities including, but not to, river-rafting, canyoning, of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. AMOVIOM is to be regarded as having all benefit of any limitation of compensation contained in these or any other conventions. 14.9 AMOVIOM does not accept responsibility for unusual and your own actions and any loss or damage flowing. limited of the provision of accommodation, which limit the amount bungee-jumping, unforeseen circumstances beyond our control where the consequences could not have been avoided even if all due care had been exercised or could not have been foreseen or forestalled. paragliding, sky-diving, zorbing, ice-climbing, snow rafting, 15. Currency Refunds fun yak or flying fox. You might be required to sign All refunds made by AMOVIOM may be made in the currency additional liability waivers with AMOVIOM or third party originally used to make the relevant payment. suppliers to participate in these types of activities. 16. Complaints 14.5 AMOVIOM will make all reasonable checks that guides 16.1 Any complaints or suggestions about your trip should be and instructors have the appropriate qualifications. made to AMOVIOM GmbH, Luzernerstraße 60, Adligenswil, Luxury honeymoons in Europe. Unique and truly exceptional experiences. Tailored specifically for you. TERMS AND CONDITIONS SWITZERLAND Page - 5 - Luzern 6043 Switzerland, and every effort will be made to information will be securely deleted as soon as it is no longer reach an amicable solution. required. However, it is necessary for AMOVIOM to retain 16.2 If an amicable solution cannot be agreed, you may send your complaint or suggestion in writing, within 28 days of the end of your tailored journey, to AMOVIOM. Please note that any complaint about services must be made to us or our supplier immediately. If problems arise and AMOVIOM or its suppliers are not notified, we cannot be liable for any problem we were not given the opportunity to rectify. your debit/credit card details for a reasonable period of time after the conclusion of your holiday, and you consent to such retention, in the event that any costs referred to in clause 9.4 above are incurred and you fail to settle these directly with the supplier, in order that AMOVIOM can debit your card for the relevant amount. This will be reviewed on a regular basis to ensure that the information is not kept longer than is strictly necessary for the purposes set out above. 17. Governing Law This contract and any matters arising from it are governed by the laws of Switzerland and are subject to the exclusive jurisdiction of the courts of Switzerland. 19. Editorial Deadline January 2015 20. COPYRIGHT Please note that the Chinese translation of the English original AMOVIOM GmbH, Luzern terms and conditions is a courtesy translation only. The original English version is binding. You can always find the most current version under: http://www.amoviom.com/termsandconditions 18. Data Protection 18.1 In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we can’t ensure or warrant the security of any information you transmit to us, and you do so at your own risk. 18.2 We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. In making a booking, you consent to this information being passed on to the relevant persons. 18.3 The information you are required to provide may include debit/credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory and business requirements this Luxury honeymoons in Europe. Unique and truly exceptional experiences. Tailored specifically for you. 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