Scope of application The following General Terms and Conditions (GTC) apply to all contracts and transactions between Marco Polo Sport KLG (hereinafter referred to as "Seller") and its customers (hereinafter referred to as "Customer" or "Buyer"). Unless expressly agreed otherwise, these GTC apply to all transactions between the seller and the customer.
1. conclusion of contract
a) In the case of a personal booking on site or a verbal booking by telephone, the purchase of a course ticket or the verbal agreement establishes the contractual relationship between the customer and Marco Polo Sport KLG. In all cases where there is no written confirmation by e-mail or other written form, the verbal agreement between the customer and Marco Polo Sport KLG is decisive.
b) In all other cases (SMS, e-mail, online reservation), the written confirmation by e-mail or SMS from Marco Polo Sport KLG is decisive for the acceptance of the reservation request.
2 Prices and terms of payment
a) The prices for the products offered are stated on the seller's website. All prices are quoted in Swiss francs (CHF) and include VAT. Payment shall be made using the payment methods offered by the seller on the website.
b) The cost of the entire booking must be paid at the latest before the start of the first activity.
3. implementation of the lessons/course
a) The lessons or courses take place in all weather conditions.
b) Marco Polo Sport KLG reserves the right to change, cancel or interrupt the program or individual services after conclusion of the contract and also during the activity if natural and/or weather conditions or other unforeseen circumstances (force majeure, official measures and/or safety measures or other risks) make this necessary. No refunds will be made if lessons are canceled for these reasons.
4. right of withdrawal for courses and teaching units
a) The customer has the right to cancel the contract free of charge within 14 days of booking, insofar as courses and teaching units are concerned. The cancellation must be made in writing or in another suitable form to Marco Polo Sport KLG. For courses and children's camps, it is not possible to cancel or return the days or courses that have already taken place. The customer is obliged to pay for the days or courses already taken.
b) The customer has the right to cancel the contract free of charge within 14 days of booking a course. After expiry of this 14-day period, the following cancellation fees apply:
- Up to 24 hours before the agreed date: Processing fee of CHF 50.00 for paid bookings.
- On the day of the agreed activity: 100% of the course costs.
- For packages, e.g. summer children's camps, group swimming lessons, the following cancellation fees apply:
- Up to 20 days before the agreed date: Processing fee of CHF 50.00 for paid bookings.
- 19 - 10 days before the agreed date: 30% of the course costs.
- 09 - 01 days before the agreed date: 75% of the course costs.
- On the day of the agreed activity: 100% of the course costs.
c) Payments already made will be offset against the cancellation fees. Any credit balance can either be refunded to the customer in cash or transferred via e-banking. Please state your preferred payment method when canceling.
d) In the event of late arrival, premature departure from the activity or possible abandonment by the customer, Marco Polo Sport KLG is not entitled to a refund. Each lesson or group course started will be charged in full.
5. prevention due to accident or illness
In the event of complete or partial inability to attend the summer children's camp or swimming courses due to illness or accident, there is no entitlement to a refund or to make up for the camp or course. The above-mentioned cancellation provisions remain reserved. We therefore recommend that you take out appropriate insurance to protect yourself against unforeseen events.
6. insurance/liability
The guest is not insured by Marco Polo Sport KLG. Marco Polo Sport KLG accepts no liability for accidents before, during or after the use of a service. It is the guest's responsibility to take out accident and liability insurance. We also recommend that you take out cancellation insurance to protect yourself against any cancellation costs.
7. data protection
The seller collects and stores the customer's personal data only in accordance with the statutory provisions. Data will only be passed on to third parties if this is necessary for the fulfillment of the contract.
More info at: https: //www.marcopolosport.ch/datenschutzerkl%C3%A4rung
8. group lessons
The lessons in the summer children's camp and the swimming courses of Marco Polo Sport KLG take place with a minimum number of 4 participants. If the specified group size is not reached, Marco Polo Sport KLG reserves the right to adjust the lessons offered, combine groups, shorten the lesson time or cancel courses at short notice. There may also be changes of teacher in order to ensure high-quality supervision.
9. photographic material
Consent to the use of images of children given in the booking form can be revoked by the customer in writing at any time. If the customer no longer wishes images of their child to be used for advertising and marketing purposes, they should send a written revocation to Marco Polo Sport KLG. Marco Polo Sport KLG will respect the customer's instructions and ensure that no further images of their child are used for such purposes. Marco Polo Sport KLG undertakes to use the images responsibly and respectfully and not to disclose any personal information about the children.
10 Complaints
The guest should address any complaints directly to the management. We take all concerns seriously and will endeavor to resolve any problems or dissatisfaction. Please ensure that your complaint is submitted in writing and includes all relevant information to enable accurate processing. We will contact you as soon as possible to discuss the issue and find a satisfactory solution.
11. payment
Credit card payments in favor of the ski school will be collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT. Please send an e-mail to support(at)payyo.ch for all inquiries regarding your credit card payments and chargebacks.
12. fight against discrimination and bullying
We, Marco Polo Sport KLG, attach great importance to the protection of our participants against bullying and discrimination. We would therefore like to provide you with the following legal information:
a) Protection against bullying:
As the organizer of the course/children's camp, we have a responsibility to take measures to prevent bullying. We inform our participants of their rights to be free from bullying and discrimination. We provide clear policies and procedures for reporting incidents of bullying.
b) Equal treatment and non-discrimination:
We treat every participant equally regardless of protected characteristics such as gender, race, religion or disability. Discrimination or harassment based on these characteristics is not permitted and will not be tolerated.
c) Contact details for support:
We recommend that our participants contact organizations that offer support in cases of bullying. In Switzerland, the Federal Office for Gender Equality (FOGE) is a relevant organization that provides information and advice on gender equality issues.
We strive to create a safe and positive environment for all participants in our courses and summer children's camps. If you have any questions or concerns, please do not hesitate to contact us.
13. choice of law and place of jurisdiction
a) The contractual relationship between the customer and Marco Polo Sport KLG is governed by Swiss law.
b) For contracts with consumers, the place of jurisdiction cannot be freely agreed (Art. 22 of the Swiss Jurisdiction Act).
c)To the extent permitted by law, the ordinary place of jurisdiction in Unteriberg is agreed as the exclusive place of jurisdiction for all cross-border disputes. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply to purely domestic transactions.
Unteriberg, 01.06.2023
