generals Terms & Conditions
Last updated on: 27.01.22
1. Scope of Application
These General Terms & Conditions (GTC) govern the legal relationship between the Tour operator The Zurich Insider, the tour participants, and third-parties booking tours for tour participants or acting as agents for tours for all tours provided by The Zurich Insider.
The terms "TZI," "we," and "our" refer to The Zurich Insider, a Zurich based sole proprietorship and a Tour Operator, which offers and operates all the "trips, tours, experiences, and other services ("Experience (s)") listed on its "thezurichinsider.com" website and accounts on Facebook, LinkedIn, and Instagram (the Services). "The Content" refers to our trademarks and trade dress, pictures, videos, blogs, texts, brochures, or any other awesome content found on our Services. The terms "Customer(s)/You" refer to guests, travelers, clients, visitors to our website, and third-party (legal entity or natural person).
All Experiences offered are subject to TZI General Terms & Conditions (GTC), which are found on our website, and by request. Please review our GCT carefully before completing your reservation or sending an inquiry.
These GTC apply to all visitors, users, and others who access or use any provided Experience or the TZI website. By accessing or using the Services, You agree to be bound by these GTC, without modification or reservation. We require that You be at least 18 years of age to enter into these GTC. If You disagree with any part of the GTC, You may leave the Services at any moment.
Some of these GTC are here to draw your attention to the fact that our obligations to You are limited. Should You have any questions or concerns, please get in touch with us.
2. Eligibility & Terms of Participation
2.1 We require that You be at least 18 years of age (at the time of travel). At least an adult must accompany You if you are under the age of 18 with the power of representation.
2.2 Joining an Experience under the influence of drugs, medicines, and/or excessive alcohol is not permitted. You must strictly comply with these GTC, the terms of participation of third-party providers, the instructions of TZI, third-party providers, support staff, and external Experience guides and rescue staff at all times.
2.3 TZI reserves the right to exclude You from the Experience with immediate effect in case of health problems, non-compliance with the terms of participation, violation of these GTC, or any instructions. In case a minor Customer is excluded, the accompanying person is also excluded from the Experience.
If the exclusion is made during an Experience, You have no right to a refund of the Experience Price. In case of exclusion, all claims for damages against TZI are excluded.
2.4 Please enquire if your pet is allowed to accompany You on your Experience. We will try to accommodate our furry friends whenever we can.
2.5 Your additional responsibilities include, but are not limited to, strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other people's privacy, and following the suggestions and decisions of the guide. You agree to treat all others, at all times, with whom You interact on the Experience with respect.
3. Your Health
By sending a deposit or full payment for your Experience, You certify that You are healthy and do not have any physical or mental condition or disability that would create a hazard for You or other travelers.
To accommodate any physical, mental, or emotional limitation, condition, or ability, please inform us before booking one of our Experiences.
Failure to disclose any physical, mental or emotional condition, limitation, or ability, may result in us not being able to fully accommodate You on all aspects and features of an Experience.
Furthermore, we reserve the right to cancel your booking or terminate your participation in an Experience. In this situation, cancellation charges as set out in Section 6 will apply, and we will not be responsible for any costs or expenses incurred as a result.
All tours carry a degree of risk, and by participating in the Experience provided by us, You are expressly assuming those risks personally. You are, to the maximum extent permitted by law, releasing us and our officers and employees from any liability, claims, losses, damages, or expenses caused by any event, including, but not limited to: personal injury or death, property loss or damage, acts which may be construed as negligent or accidental, any other loss, damage, suffering, emotional or physical disorder.
Before traveling, we strongly recommend You review your insurances to ensure You have appropriate coverage to meet all your needs and those of your travel companions in case of any loss of property or illness, injury, or death.
We strongly recommend You obtain travel and cancellation insurance for the entire duration of your trip. This is further protection from unexpected circumstances that might force You to cancel your trip.
The Zurich Insider does not offer any health, travel, or cancellation insurances.
5. Prices, Bookings & Payments
5.1 The price is quoted per Experience/Tour ("Experience Price") and is always in Swiss Francs unless expressly stated or agreed otherwise. The Experience Price quoted for any Experiences covers the inclusions as indicated on the Experience description. All prices are quoted (no hidden fees), including VAT. Prices are subject to change according to section 7.
5.2 Bookings can be made through different distribution channels (internet, travel agency, hotel, tourist information, etc.) by telephone, e-mail, or in person: you and any third party making the booking accept the present GTC as binding through the booking. TZI will not accept any non-binding reservations.
5.3 Full payment is due when booking an Original - Curated Experience at any time. A tour is confirmed upon receipt of the total due payment.
To secure your Exclusive - Designed Experiences/ Day Tours/ Multi-Day Tours/ Layover & Transfers, we require a deposit of CHF 250.00 per tour (point 5.4). The balance of the total cost is due 60 days before departure. Full payment is due when booked within 60 days of departure unless agreed otherwise.
Additional costs related to your payment method are borne by You, such as credit card surcharges or bank fees.
5.4 Planning Fee & Deposit
For Exclusive - Designed Experiences/ Day Tours/ Multi-Day Tours/ Layover & Transfers, we kindly ask you for a deposit of CHF 250.00, which includes a planning fee of CHF 175.00, before we start tailoring your Experience to your wishes and desires.
The one-time planning fee of CHF 175.00 covers our expertise and time spent carefully planning and customizing your unique Experience's itinerary.
The planning fee is non-refundable. The difference is credited towards the total cost of your tour.
For booked Original-Curated Experiences, we do not charge a planning fee as the tours have a specific itinerary based on different topics and preferences. Slight alterations and personalizations to the planned tour do not incur a planning fee or deposit. You pay the total amount of your Experience at the time of booking.
5.5 Payment methods. At this time, we only accept bank transfers or TWINT payments. We will implement credit card payments soon.
6. Gift Certificates
Valid for 1 (one) year from the date of purchase
Either the buyer or the Gift Card recipient will set the date and time for the Experience by contacting us (please specify the Gift Card's number)
Should You choose to cancel your Experience 16+ days before your original date, You can choose to postpone it to a later date within the same calendar year for no additional cost (if available). If You defer to the following calendar year and any subsequent dates after the first new date, You will have to pay an additional administration fee of CHF 100.00 per person.
Gift Cards can be sent by the buyer or directly by The Zurich Insider
Gift Cards are personal
You may transfer your Gift Card to someone else if You are prevented from traveling, provided you inform us not less than one week before the Experience. All related costs relative to the transfer (to suppliers or us) and any open balance payments must be settled before transferring the Experience to someone else
Gift Cards are non-refundable
Gift Cards are not redeemable for cash, and resale is prohibited
Gift Cards are not to be combined with other vouchers, promotions, and offers
7. Cancellations and Changes in Bookings (How to)
Send all cancellations and changes request in writing to firstname.lastname@example.org
8. Cancellation and Changes in Bookings by You
Cancellations and changes to your booking/s (i.e., any change in itinerary, in the number of guests, or the Experience date) must be made in writing (e-mail or letter) and are legally binding once confirmed by TZI. Additional fees might apply.
Should You find yourself in the position of having to cancel your booking/s, You are entitled to a refund of the following amounts:
Number of days before your trip:
16+ :100% Refund of total trip cost
15-0: 0% Refund of total trip cost
Should You choose to cancel your Experience 16+ days before your original date, You can choose to postpone your Experience to a later date within the same calendar year for no additional cost (if available).
If You defer to the following calendar year and any subsequent dates after the first new date, You will have to pay an additional administration fee of CHF 100.00 per person.
You may transfer your Experience to someone else if You are prevented from traveling, provided you inform us not less than one week before the Experience. All related costs relative to the transfer (to suppliers or us) and any open balance payments must be settled before transferring the Experience to someone else.
9. Unforeseeable Events - Force Majeure
You may receive a refund of the Experience Price if prevented to travel or to take the Experience because of an impersonal unforeseeable event that makes it dangerous and unsafe to take the Experience, including but not limited to:
meteorological hazards and natural disasters
official measures and travel restrictions
demonstrations & political disturbances
difficult road and traffic conditions
flight cancellation and no re-booking possible
pandemic and quarantine measures
The following do NOT constitute Unforeseeable Events or Force Majeure
Illness or injury of an Experience participant
Change of plans
Missing a plane/train/boat
You may have to provide verification to confirm that You could not take an Experience if You request a refund under this provision. Please check with us if You have any questions regarding this refund option.
10. Cancellation by The Zurich Insider
TZI reserves the right to cancel any booked Experience at any time and for any reason determined in our sole discretion, including but not limited to:
lower quality of the trip
the safety of travelers is judged to be compromised
meteorological hazards and natural disasters
official measures and travel restrictions
demonstrations & political disturbances
difficult road and traffic conditions
pandemic and quarantine measures
In such a case, TZI is only liable for the refund of the Experience Price if no alternative Experience is offered and will try to refund all payments received.
However, there might be unrecoverable third-party deposits that cannot be reclaimed as the planned date of a trip nears. Therefore, a 100% refund may not always be possible. We will attempt to recover as many of those expenses as possible for our clients' benefit.
If the Experience is stopped early due to the fault of TZI, You will receive a refund for the missing part/days based on a percentage of the canceled part/days. No refund/s can be given on other expenses related to your trip, such as airfares, unpaid holidays taken, etc.
If TZI determines in good faith to operate an Experience or Experience, then no refund under this paragraph shall be payable for that Experience. If You were to cancel a reservation anyway, You are bound by this cancellation policy.
11. Changes in Experience Prices or Experiences by You
The Customer (You, travel agent, third-party) who has booked an Experience with us can request to modify the Agreement in writing. We are not bound to change the Agreement.
We will inform the Customer of the new Experience Price. If the Customer agrees on the modification costs, then the new price and modification costs are due. If the new price is lower than the original price, the alteration costs are compensated by the difference.
12. Changes in Experience Prices or Experiences by The Zurich Insider
12.1 TZI reserves the right to change the agreed price of any existing bookings, in case of unforeseeable and extraordinary circumstances, including but not limited to:
newly introduced or raised taxes, charges, or fees of third-party providers
In case of unforeseeable circumstances, we will swiftly inform You of any changes to our prices or Experiences in writing. You will bear all the additional costs. However, if You decide to withdraw from the contract within five (5) days from our communication of the price changes, You are entitled to a full refund. Excluded are any further compensation for damages incurred.
12.2 While TZI endeavors to operate all Experiences as initially described, we reserve the right to change the Experience's itinerary at any moment (before/during).
The itinerary/description provided for each Experience are indicative, as the itineraries and other details may be subject to modification without prior notice due to force majeure or any local circumstances.
Before booking an Experience, check the description on our website, as changes are possible at any time. Of course, we will inform You directly as soon as reasonably possible as well.
12.3 When a significant change is made and communicated prior to departure, You can: accept, receive a refund, or accept the alternative Experience offered.
12.4 In case of changes made after departure, in extraordinary emergency circumstances at our discretion (for your safety, health, comfort, etc.), You will cover the additional cost of any necessary itinerary alterations. Please note that we are not responsible for any incidental expenses due to the change of itineraries such as visas, vaccinations, or non-refundable flights.
If the alternative solution is more expensive than the initially booked Experience or You deem it unreasonable, You will be offered withdrawal free of charge. Further compensation for damages due to change(s) in Experience Prices or Experiences is excluded.
12.5 In case of a flight/train/boat delay, TZI will try to accommodate your itinerary, but changes and penalties might apply. These penalties are your responsibility.
13. Partner Travel Experiences
TZI may recommend You the services of other travel companies or other support services for Experiences/Tours not provided and beyond the scope of TZI.
Although we strive to recommend only companies that offer the highest services, we do not guarantee them. TZI is not liable for any injury, expenses, or costs arising from any service, or lack thereof, provided by any third-party nor the standards of care travelers Experience when using those services.
14. Links To Other Websites and Affiliate Links
Our Experiences may contain links to third-party websites or services that are not owned or controlled by TZI.
TZI has no control over and assumes no responsibility for third-party websites or services content, privacy policies, or practices. You further acknowledge and agree that TZI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
15. Limitation of Liability
In no event shall TZI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the Experience.
Any conduct or content of any third-party on the Experience.
Any content obtained from the Experience.
Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Customers undertake all activities at their own risk. Any liability of TZI is limited to the Experience Price and any direct damages caused willfully or by gross negligence by TZI.
TZI's liability for slight negligence, assisting persons, consequential damages, and lost profit is excluded.
TZI does not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in section 1).
In case of cancellation of an Experience, TZI is only liable for the refund of the Experience if no alternative Experience is offered. TZI does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc., as well as loss, theft, damage, or misuse of checks and credit cards.
16. Exclusion of Liability for Offers of Third-Party Providers and in Case of Force Majeure
TZI does not assume any liability for the offers and Experiences of third-party providers, nor does TZI assume any liability for damages based on circumstances that are beyond TZI's control, such as force majeure, natural events, catastrophes, changes in the program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc.
The Customer undertakes to claim any damages directly from the third-party provider.
All activities for which TZI acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at the Customer's own risk. TZI is not liable for the consequences of any accident. TZI expects from each Customer a considerable degree of personal responsibility.
Customers only participate in activities that are compatible with their physical condition, particularly their health and physical performance. Customers are in particular responsible for adequate equipment (clothing, footwear, sun protection, etc.).
17. Data Protection
Customers agree that their data, particularly the Customer's name, address, telephone number, birth date, nationality, gender, and credit card details, are collected by TZI to carry specific Experiences according to the contract. Such data can be forwarded to third-party providers.
You agree that we may use and reproduce any images, photos, or videos that You send to us, or that are taken by our guides and/or other travelers of You individually or in a group, in any medium, including but not limited to print, electronic media, or internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide.
The contents and your use of TZI website (the Service) represent a non-binding offer of information. Although the information is regularly checked for correctness, completeness, and relevancy, any liability for undesirable consequences from using this information is disclaimed. The Service is provided without warranties of any kind, whether express or implied.
Our site contains links to offers provided by third parties. The use of these links is at your own risk, and we assume no responsibility for the contents of these sites.
Our liability excludes any guarantee that our site and online services will function uninterrupted, secure, or available at any particular time or location.
Furthermore, we do not assume any liability for damages (for example, communication failures or viruses) that may arise from the use of our website.
19. Intellectual Property & Copyright
The Services and their original content, features, and functionality are the exclusive property of The Zurich Insider and its licensors. The Services are automatically protected by copyright, trademark, and other laws of Switzerland and foreign countries.
Our trademarks and trade dress, pictures, videos, blogs, texts, or any other awesome content you found on the Services may not be used, reproduced, shared in connection with any product or service without the prior written consent of The Zurich Insider. Please send your request to email@example.com.
We shall grant permission at our sole discretion and only when you agree to the following prerequisites:
the Content is for personal use, and you will give us full credit and link it to The Zurich Insider website when you share it anywhere (Blog, Social Media, website, etc.).
You are not allowed to represent or imply that the Content is yours or that you are in any way affiliated with The Zurich Insider.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the GTC. Upon termination, your right to use the Services will immediately cease.
21. Governing Law & Arbitration
Should you have any complaints (before, during, or after an Experience), we encourage you to let us know as soon as possible (in writing or directly to your guide) to find a prompt, amicable, and satisfactory solution for both parties.
In the unlikely event, we cannot resolve the dispute, controversy, or claim amicably; you agree to submit it to a binding arbitration with the Swiss Arbitration Association (SAA) before an arbitrator that is mutually agreed on, under the Swiss Rules of International Arbitration of the Swiss Arbitration Center.
The seat of arbitration shall be in Zurich, Switzerland. The arbitral proceedings shall be conducted in the English language. You will solely bear all additional fees and costs for the arbitration. The laws of Switzerland govern these GTC, claims, or disputes arising out of it.
You further agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise. Any award or judgment that the arbitrator issues are binding. The only award that can be issued to you is a refund of any payment made to us for a particular Service.
Our failure to enforce any right or provision of these GTC will not be considered a waiver of those rights. If any provision of these GTC is held to be invalid or unenforceable by a court, the remaining provisions of these GTC will remain in effect. These GTC constitute the entire Agreement between us regarding our services and supersede and replace any prior agreements we might have between us regarding the services.
At our sole discretion, we reserve the right to modify or replace these GTC at any time. By continuing to access or use our services after those revisions become effective, You agree to be bound by the revised GTC.
Should You do not agree to the new GTC, please stop using the services.
Such amendments are legally binding upon notice to the Customer or publication on www.thezurichinsider.com