BOOKING TERMS & CONDITIONS

The following booking conditions, together with the information set out on the relevant Group Tours page of the BLACK YETI SWITZERLAND (MIRIAM DE ARRIBA 47792179) website and in the guidebook of each Personalized Itinerary sent by e-mail, will form the contract between you and us for your adventure holiday with us. Please consult the guidebook sent to you by e-mail for a detailed breakdown of the itinerary, inclusions and exclusions for each specific Itinerary or Group Tour.

In this contract a reference to “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.

We are BLACK YETI SWITZERLAND (MIRIAM DE ARRIBA 47792179L) of Hauspick, Im Gruebi 1402D, 3823 Wengen, Switzerland.

1. Definitions

In this agreement, the following definitions apply unless the context requires otherwise:

Meeting Point: means the place specified by us in the Group Tour Pack as the place we will meet and start your holiday.

Start Date: means the date on which we meet (apply for Group Tours) or the date your holiday start (100% Personalized Itineraries)

Group Tour (or Tour): means the tours where you are sharing your holidays with other group memebers and a Black Yeti Switzerland Group Coordinator.

100 % personalized Itinerary (or itinerary): means when you have a 100% personalized itinerary for yourself that you will be doing with our indications in your Guidebook.

Tour Pack: means whatever documents we send to you in hard or soft copy to provide information about your Tour including the Tour explanation, pre-trip email communication, trip forms and these terms and conditions.

Itinerary Guidebook: means the Guidebook we send to you in hard or soft copy that provides you all the information to accomplish yout Itinerary, transport tickets and any other documents you may need. Pre-trip email communication, trip forms and these terms and conditions.

2. What is in the 100% personalized trip

2.1. The following items are included:

2.1.1 transport

2.1.2 a daily follow-up mail to see how everything is going

2.1.3 accommodation and half board (meaning Breakfast and Dinner; at dinner the drinks are not included)

2.1.4 Lunch pack for some excursions, just in the ones specified in the corresponding itinerary

2.1.5 fees, surcharges and additional costs

2.1.6 the provision of assistance by the organiser or, where appropriate, the retailer, if the traveller is in difficulty, especially in cases of extraordinary and unavoidable circumstances and those provided for in the applicable regulations

2.1.7 entry tickets and other especified tickets

2.2 The following items are not included:

2.2.1 Passport and Visa costs

2.2.2 vaccinationc, vaccination certificates and medication, before, during and after the Itinerary

2.2.3 "extras" such as: coffees, wines, liquors, mineral waters, special diets, washing and ironing of clothes, parking, use of the telephone, cots, TV rental, spa services, spas, thermal baths, massages, medical, therapeutic or health treatments and any other similar service offered by the establishment for a price independent of the main service contracted

2.2.4 Any additional taxes in certain destinations, which may vary depending on the category of the establishment and the destination. These taxes shall be paid directly at the hotel establishment and the traveller shall be solely responsible for paying them

2.2.5 Airport entry/exit taxes/fees where applicable

2.2.6 Tips, gratuities you choose to give

2.2.7 travel insurance or any other insurance personal to you

3. What is in the group tours

3.1. The following items are included:

3.1.1 transport from the Meeting Point, during the tour and to the departure point (which is likely to be the same place)

3.1.2 accommodation and half board (meaning Breakfast and Dinner; on the dinner the drinks are not included)

3.1.3 Lunch pack in some excursions, just in the ones especified in the corresponding itinerary

3.1.4 services of one or more leaders;

3.1.5 entry tickets and other especified tickets

3.2 The following items are not included

3.2.1 travel to the Meeting point and from the Departure Point;

3.2.2 all other costs incurred before you board transport at the Meeting Point and after you return to the departure point;

3.2.3 travel insurance or any other insurance personal to you;

3.2.4 passport and visa costs;

3.2.5 vaccinations, vaccinations certificates and medication, before, during and after the Tour;

3.2.6 food and drink outside of what we include in the Tour;

3.2.7 "extras" such as: coffees, wines, liquors, mineral waters, special diets, washing and ironing of clothes, parking, use of the telephone, cots, TV rental, spa services, spas, thermal baths, massages, medical, therapeutic or health treatments and any other similar service offered by the establishment for a price independent of the main service contracted

3.2.7 tips, gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate

4. Booking your 100% personalized itinerary

4.1 You can book at any time contacting us through our webiste www.blackyetiswitzerland.com or by our email blackyetiswitzerland@gmail.com . Upon your written request, we will give you seven days to allow you time to send us the corresponding fee (this will be deducted of the final invoice). When received, we will send you a provisional itinerary with a proforma invoice that you will need to send back signed, as an agreement and confirmation together with the deposit payment on the following 48h. We have to use scheduled flights. Availability and prices of these flights can change significantly, so we book them as soon as possible after we receive your payment. You are therefore liable to us for the cost of the flight as soon as you receive our proforma invoice for the flight or the whole Itinerary. To formalise your reservation, you must pay 30% of the total amount of the contracted trip or the total amount of the flights. Regardless of the amount paid as a reservation, the payment of the reservation implies the acceptance of all the services included in the travel package offered, and therefore, the possible penalties that, in case of cancellation, the different service providers may consider. For this reason, we strongly recommend that you take out cancellation insurance. Only after payment of the reservation is made, your place will be considered as firmly committed and we will send you a confirmation proforma invoice which confirms your booking. The remaining amount of the total cost of the trip must be paid no later than sixty days before the departure date, otherwise your place may be cancelled and the conditions outlined in the "Cancellations" section will apply. After we receive the remaining amount we will send you the final invoice.

4.2 Once a booking deposit (30% of the invoice) is received it is not refundable at any time or for any reason. Exceptions highlighted in Schedule 8 (Changes and cancellations by us) apply.

4.3 If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into the contract on the basis of these booking conditions and that you and they have agreed to be jointly and severally liable to us.

4.4 If we are unable to accept your booking, we will of course return your payment to you immediately. The balance payment for all itineraries is due at latest 8 weeks (60 days) before departure. We will send you a reminder 1 – 2 weeks before the balance due date. If you are making your booking within this period, full payment will be necessary immediately.

4.5 Where the cost to us of any part of the Itinerary increases, we reserve the right to pass on that increase to you and to change the price of unsold holidays. We will return you the balance if our costs change significantly in your favour.

4.6 You can give us your personal details, insurance, special requests, medical conditions, next-of-kin and passport details by completing a form we shall send to you.

4.7 For bookings made within eight weeks of departure, we require full payment within 48 hours of a written booking. It is also essential that you give us your passport details so that your permits, tickets or any other relevant documentation necessary to participate in the adventure holiday can be processed on your behalf.

4.8 If you book a holiday less than eight weeks prior to the departure date you must send us the full payment at the time of booking.

4. Booking your place in a group tour

4.1 You can book at any time after our Tour page is published on the website www.blackyetiswitzerland.com . Upon your written request, we will hold a provisional booking for seven days to allow you time to send us your deposit(20% of the Group Tour price). We follow this strictly because many group tours are booked up fast. When we receive your deposit we will send you a confirmation invoice which confirms your booking. The contract between us comes into existence at that time. You undertake to pay for the group tour you have booked and we undertake to provide you with the tour we describe in the guidebook.

4.2 Once a deposit (20% of the Group Tour Price) is received it is not refundable at any time or for any reason. Exceptions highlighted in Point 8 (Changes and cancellations by us) apply. For this reason, we strongly recommend that you take out cancellation insurance. Only after payment of the reservation is made, your place will be considered as firmly committed and we will send you a confirmation proforma invoice which confirms your booking.

4.4 If we are unable to accept your booking, we will of course return your payment to you immediately. In case that the Group Tours is cancelled by us, the payment will be return to you immediately. No Group Tours will be cancelled in less than thirty days of the starting date.

4.5 If booking online for a Tour that is more than 60 days in the future, you will have the option to settle your balance in full or choose to pay the 20% deposit and the remaining balance 30 days prior to the Start Date of the Tour. By selecting the option to pay 20% at the time of booking and the remaining balance 30 days prior to the Start Date of the Tour, you must give clear and positive instruction of intent to pay in order for the remaining balance. The balance payment for all tours is due at latest 4 weeks (30 days) before departure. We will send you a reminder 1 – 2 weeks before the balance due date. If you are making your booking within this period, full payment will be necessary immediately. If the payment is not made within this period, your booking will be cancelled and the deposit will not be refunded.

4.6 Where the cost to us of any part of the tour increases, we reserve the right to pass on that increase to you and to change the price of unsold group tours. We will return you the balance if our costs change significantly in your favour.

4.7 You can give us your personal details, insurance, special requests, medical conditions, next-of-kin and passport details by completing a form we shall send to you.

4.8 For bookings made within four weeks of departure, we require full payment at the time of the booking. It is also essential that you give us your passport details so that your permits, tickets or any other relevant documentation necessary to participate in the group tour can be processed on your behalf.

4.9 We can book the flights for you, using schedule flights. The flights will be an extra cost not included in the group tour price. Availability and prices of these flights can change significantly, so we book them as soon as possible after a Tour becomes viable. You are therefore liable to us for the cost of the flight as soon as you receive our invoice for the flight or the whole Tour.

4.10 Transfers: You may transfer your reservation free of charge to a person who fulfills all the required conditions if you inform Black Yeti Switzerland in writing 30 days before the start of the activity, except in cases where the services of an airline company have been contracted and the latter does not accept a change of name. Both parties shall be jointly and severally liable to Black Yeti Switzerland for the payment of the balance of the price, as well as for any justified additional expenses that may have been caused by the transfer.

5. Payment

5.1 You can pay by electronic transfer for which full information will be provided at the time of booking. For the payment of the services booked through the web page of BLACK YETI SWITZERLAND (MIRIAM DE ARRIBA 47792179L) and for security reasons, it is possible that in some cases, we ask the client for a specific authorisation of payment (with the documentation required by Black Yeti Switzerland).

5.2 All prices offered on our website are represented in Swiss Francs (CHF). The purchase and sale of virtual currencies is not subject to VAT, however the tax obligations that the transactions ordered may generate are your sole responsibility. Payments and refunds of all transactions will be made in Swiss Francs (CHF). If your bank account is not denominated in Swiss Francs, the exchange rate will be applied by the corresponding bank according to the market exchange rate and may vary from the price indicated on our website.

5.3 Payment by electronic transfer must cover all bank charges and any charges associated with currency conversion.

5.4 The last date for payment of the balance of the cost of your adventure holiday will be due to us at least eight weeks before the Itinerary Start Date or 4 weeks before the Group Tours starts. We will tell you the last date for payment after we have confirmed our acceptance of your booking.

5.5 If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us. The itinerary must be fully paid for in order to provide the traveller with all the benefits of his trip. In the event that the payment is refused for any reason, the booking will be cancelled, after prior informative communication in order to try to solve the payment problem.

5.6 In the event of not receiving full payment of the price agreed in the conditions, it will be assumed that the traveller withdraws from the trip, with the contents of section "2.8. Termination of the package travel contract by the traveller".

5.7 In the event that we terminate the travel contract, we must return or reimburse the traveller the amounts already paid for the package travel, within a period not exceeding fourteen calendar days from the date of termination of the package.

5.8 The traveller who does not show up at the scheduled departure time of the contracted package holiday will not be entitled to a refund of any amount paid, unless otherwise agreed between the parties.

5.9 In relation to the insurance against cancellation costs contracted by the traveller, under no circumstances will the premium paid by the traveller be refundable.

6. Surcharges and refunds

6.1 The prices given on our web site and in our guidebook are calculated at costs current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 5% of the advertised cost of the Tour. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.

6.2 No matter what the increase, we shall not increase the cost less than four weeks before the departure date.

6.3 If we increase the price of your Tour by more than 5%, you are free to cancel. In that circumstance we will return to you all money paid to us.

6.4 As we say on the Tour web pages, a minimum number of participants are required in order for a Tour to be viable. In the unusual event that we cancel a Tour, we shall return the full amount of your deposit or other payment.

7. Changes and cancellations by you

7.1 The booking deposit is not refundable at any time or for any reason. Exceptions highlighted in Point 8 (Changes and cancellations by us) apply.

7.2 We will try to accommodate any change you are compelled to make, but we cannot promise to do so. If we do, you agree to pay an administration fee of 200CHF and any additional cost of a different arrangement. Please note that an airline may treat a change as a cancellation and create a new booking, charging a 100% cancellation fee.

7.3 Only the person who made a booking may cancel. The cancellation takes effect from the date at which a written notification reaches our office.

7.4 If you cancel, your deposit and any flight costs which have been invoiced, will be forfeit.

7.5 We shall charge an additional sum related to the time remaining before the date of departure, as follows:

Up to 60 days (30 for Group Tours):

Deposit (if applicable) + invoiced flight cost, if any

Less than 60 days (30 for Group Tours)

100% of tour cost

7.6 If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself.

7.7 In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other BLACK YETI SWITZERLAND Tour or this booking to some other person. That person must meet any conditions which may apply to the booking and you must ask for the transfer not less than 30 days prior to the Tour Start Date.

7.8 In circumstances giving rise to a change of reservation and where we have exercised our discretion to change your reservation without charge or at a discounted charge, and where you subsequently decided to cancel your new booking, you agree that the original deposit and other applicable cancellation fees that applied at the time of the original change as well as the new deposit and other applicable cancellation fees for the current booking are not refundable. If the aforementioned circumstances include multiple changes, the sum of all charges will apply.

8. Changes and cancellations of a Group Tour by us

8.1 We reserve the right to change travel and Tour arrangements. This is necessary because many of our Tours involve variables which are outside our control. These include, weather, political issues, currency problems, flights and accommodation issues. In this case the money will not be refunded.

8.2 It may happen that Black Yeti Switzerland is forced to significantly modify some essential element of the programme after the contract has been formalised and before the departure date, in which case it may choose to terminate the contract without penalty on the part of the agency, or accept a modification of the contract in which the variations introduced and their repercussion on the price will be specified. The penalties applied by the airline company will not be assumed by Black Yeti Switzerland as it has no control over them. You must inform us of your decision within 3 days, otherwise we will understand that you choose to terminate the contract.

The same applies in the event that Black Yeti Switzerland has to cancel the activity after the contract has been formalised and before the departure date, for any reason beyond our control and not justified by sufficient reasons or force majeure.

If, once the activity has begun, Black Yeti Switzerland finds that it is unable to provide a significant part of the services foreseen in the contract, we will adopt other suitable solutions for the continuation of the activity, without any supplement to the price and, where appropriate, we will pay you the amount of the difference between the services foreseen and those provided. If the solutions adopted are unfeasible or if you do not accept them on reasonable grounds, we will facilitate your return to the point of origin by an equivalent means of transport, reimbursing you the amounts that correspond to you proportionally. When the cancellation of a service in any of the above cases is due to force majeure, adverse weather conditions or sufficient causes, there will be no obligation for Black Yeti Switzerland to compensate the traveller and the additional costs involved in these new conditions will be borne by the traveller. Changes in the order of the itinerary offered do not alter the conditions of the programme, as long as the complete itinerary is followed. Changes in the programme due to adjustments in the airlines' timetables or delays in means of transport will not be considered as alterations to the services. In itineraries that run in areas that are difficult to access, especially those in high mountains, it will not be considered an alteration in the services if the highest or furthest point planned is not reached, either due to adverse weather conditions, because the group as a whole does not meet the necessary physical/technical conditions, due to the deterioration of communication routes, mechanical breakdown or for any reason that we think may be detrimental to your own safety. If you unilaterally decide to change the itinerary at the destination without being previously notified to or authorised by Black Yeti Switzerland, Black Yeti Switzerland will not be held responsible for any possible problems that may arise in the subsequent development of the travel programme. For this reason Black Yeti Switzerland provides information on emergency telephone numbers in Switzerland (24 hour service).

8.3 If the circumstances highlighted in clause 7.8 apply, the deposit or any other cancelation charges that we agreed to forego from your original booking will be applied prior to the issuance of a refund.

8.4 If such problems occur during an adventure Tour, we will make alternative arrangements so as to comply as closely as possible to the description of the Tour in our guidebook. Alternative arrangements include, but are not limited to, taking alternative routes, changing accommodation or replacing one activity with another. Where the Tour includes Top of Mountains, viewpoints or panoramic transports or trails, we may choose an alternative mountain, summit or expeditionary objective.

8.5 If a problem occurs which is so serious that we have to cancel a Tour before the date of departure, you may choose to accept either an alternative adventure Tour (paying or receiving a refund/credit in respect of any price difference) or a full refund of all money paid.

8.6 In certain cases, we may pay compensation too, at our discretion.

8.7 We are not liable to you in any circumstances for loss or damage or loss of your place at the Group Tour when:

unusual and unforeseeable circumstances arise which are beyond our control, the consequences of which we could not have avoided even with all due care; or
the change is not significant. We are not liable to pay you any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us, such as changes to times of connecting flights or other travel arrangements.

8.8 We reserve the right to cancel any Tour, for which there are not enough bookings, not less than four weeks prior to departure. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative BLACK YETI SWITZERLAND group tour.

You agree that all these provisions are reasonable.

9. Payment Protection

In order to comply with the 100 % Personalized Itineraries and the Group Tours, all payments received by us will be held in a trust account until the completion of the Tour.

11. Travel Insurance

11.1 It is a condition of booking a BLACK YETI SWITZERLAND Itinerary or Group tour that you take out appropriate travel insurance. You must send us proof of cover when you make payment of the balance due for your Itinerary or Tour. We cannot approve the cover you have bought and are not responsible if it is inadequate.

11.2 Cover should be obtained not only against normal travel risks, but against additional risks appropriate to the the activities within the itinerary or the Tour Pack. In particular, local road transport insurance may be inadequate, so you should check that your cover includes accidents happening whilst you are a passenger in a vehicle.

11.3 We advise that you should also check that any valuable optical equipment is covered either in your travel policy or your home contents policy.

12. Passport, Visa and Health Requirements

Please note carefully:

12.1 to be absolutely safe, it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;

12.2 remember to apply for any necessary visa in good time;

12.3 check with your GP what vaccinations and medication you may require and allow time to obtain them. Details are also available from the Federal Office of Public Health FOPH Travelcheck | Einreisecheck (admin.ch).

12.3 If you are a national of an EC country and are taking a European tour, you should take your European Health Insurance Card (EHIC) available from main Post Offices or online. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication and follow all medical advice in relation to your holiday. Remember to bring certificates and confirmations with you in your hand luggage.

12.4 If you need professional medical care whilst on a tour, we will try to obtain it and inform your travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details so that we can make arrangements for them to be contacted in an emergency.

12.5 You agree to repay to us all costs we incur in providing this assistance, including payment for any transport and telephone calls must be reimbursed to the company. We will give you a receipt on your return, for you to pass to your travel insurers.

13. Tour Information

Approximately four weeks before the Itinerary or the Group Tour Start Date, we shall send you a pack of information relating to your Itinerary or Tour. This information will include:

13.1 location of Meeting Point and time of meeting (applies for Group Tours);

13.2 climate and clothing recommendations;

13.3 any important details relevant to a particular adventure that you may be engaged in;

13.4 The itinerary Guidebook ( applies for 100% personalized Itineraries)

14. Accommodation

We will arrange accommodation as close as reasonably possible to the itinerary/tour sites you visit. Accommodation will be in good quality hotels or lodges. Occasionally it may be necessary to use bed and breakfast accommodation or mountain lodges. This is subject to the nature of the holiday. En-suite facilities will be provided wherever possible. We will discuss your exact accommodation requirements when you have made a booking, but please note:

14.1 we reserve the right to change accommodation to that stated on our website itineraries – (see below “changes of itinerary”).

14.2 single rooms are normally available at an extra cost. However, if you so wish, it may be possible for you to share a room (applies to Group Tours).

15. Changes of Itinerary

15.1 Despite careful planning, it is possible that a site may become inaccessible due to matters outside our control, for example through natural disaster or political turmoil.

15.2 It is also possible that new information on the conditions will in our opinion benefit the Tour participants generally by providing better Tour

15.3 We may therefore decide to make changes to the itinerary to accommodate either of the above possibilities. We will tell you of any such change as soon as we decide to make it. If that happens, you may transfer to an alternative Tour. If your chosen alternative is of a lower price we will refund the difference. If it is of a higher price, you must pay the difference

16. Baggage restrictions (applies for Group Tour)

Restrictions on baggage differ for each Group Tour and are subject to restrictions both of the airlines and the local custom of this particular Tour. Baggage restrictions for this particular Tour is available in the relevant guidebook. It will also be communicated to you by e-mail upon booking.

17. Limitations on our liability

We want you to enjoy a perfect holiday with BLACK YETI SWITZERLAND. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:

17.1 any event which happens before you board our transport at the Meeting Point (applies for Group Tours) or board the flight (applies for 100% personalized Itineraries) or after you leave the transport at departure;

17.2 any problem arising from your failure to reach the Meeting Point (applies for Group Tours) or the Flight (applies for 100% personalized Itineraries) on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)

17.3 the wildlife, scenery or other sites within the natural environment that are stated within the BLACK YETI SWITZERLAND;

17.4 any aspect of goods or services you buy or accept other than those arranged by us;

17.5 medical problems or physical difficulties, even if you have told us about them in advance;

17.6 medical emergencies;

17.7 your own carelessness or negligence in any aspect of your behaviour whilst you Tour or Itinerary;

17.8 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour or Itinerary;

17.9 problems or issues which we could have resolved whilst on a Tour or on a Itinerary but which you raise only after your return.

17.10 injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from either:

17.10.1 the act or omission of you or anyone in your party;
17.10.2 the act or omission of a third party not connected with the provision of your holiday.

17.11 services we have not provided. The services and features included in your Tour or Itinerary are those specified in our web site or in your Guidebook. If you choose to buy other goods or services during your holiday, those are not part of the package we provide, even if arranged at your request through our Tour leader (applies for Group Tours). Accordingly, we are not liable to you for any happening in connection with that service or those goods.

18. Local standards

18.1 Laws, standards, culture and attitudes are different in many countries from what you reasonable expect at home. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than you are used to or which you expected.

18.2 We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we or the service supplier has not exercised reasonable skill and care.

18.3 Please also note that we will only be responsible for what our employees, coordinators and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for coordinators and suppliers).

19. Limitation of compensation by international conventions

19.1 We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may be make, against us or anyone else. The most we will have to pay you for many claims for personal injury will not exceed what a carrier would pay under, for example, the Warsaw Convention or the Montreal Convention for international travel by air, or the EC Regulation on Air Carrier Liability, or the Athens Convention for international travel by sea, or the Convention on International Travel by Rail. Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question.

19.2 Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) where international convention or regulation does not apply, the maximum amount of compensation we will pay you will be CHF 500.

19.3 Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.

20. Flight and other transport delays: limit of our liability

20.1 There is no guarantee that flights, trains, road transport or boats will depart at the time specified. If they do not, we are not liable to you for any delay or cancellation or for any failure to take what you think are the best actions to have taken in particular circumstances.

20.2 In the case of air travel, the airline is responsible for providing assistance under the Denied Boarding Regulations. We will try to keep you informed throughout the period of any delay.

20.3 Our policy if a delay occurs, is to continue with our plans until the flight (or other form of transport, if relevant) is cancelled with no suitable alternative flight being offered by the airline. However, if we considered it impossible to find a reasonable alternative form of transport, we would cancel the adventure holiday and refund you all adventure holiday payments.

20.4 Where any delay in returning home lasts for longer than 24 hours, the airline should continue to meet your accommodation and reasonable meal expenses. This will be the case where the airline is an EU carrier or was due to depart from an EU airport. They may, however, require you to stay at the accommodation and take the meal arrangements they provide. We regret we cannot meet such expenses where the airline does not do so, or where you choose not to accept the arrangements offered.

20.5 If you wish to find at any time to return home early or independently, for example by booking an upgrade with the airline or by organising overland travel, we will provide whatever assistance we can. All expenses involved in doing so will be your responsibility.

20.6 EC Regulation No 261/2004 (The Denied Boarding Regulations) apply where the airline is an EU carrier or the affected flight was due to depart from an airport within the EU. Where applicable, you must pursue the airline for the compensation or other payment due to you. The compensation set by the regulations is your full entitlement. It covers, for example, distress, disappointment, inconvenience or effects on other arrangements. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.

20.7 If, for any reason, we make a payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you agree, when requested, to assign to us the rights you have or had to claim the payment in question from the airline.

20.8 If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see caa.co.uk – “Referring Your Complaint to the CAA”.

20.9 Remember that transport and other service providers have their own booking conditions or conditions of carriage or service. You will be bound by these as far as that service is concerned. Such conditions may limit or exclude liability on the part of the relevant provider and they are often also subject to international conventions.

21. Help we need from you

21.1 Some BLACK YETI SWITZERLAND adventure holidays require reasonable physical fitness and appropriate footwear.

21.2 To satisfy the majority of our clients, we apply “no smoking” rules in the same way that they are applied by law in the Switzerland.

21.3 If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Tour.

21.4 If at any time, it is our opinion (given by any of our staff or Tour Coordinators) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other Tour member, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other clients.

22. Statement of Risk

Outdoor and adventure experiences often involve learning new skills in unfamiliar environments. Participants and/or their parents/guardians undertaking these experiences should be aware of and accept these risks and be responsible for their own actions. Black Yeti Switzerland reserves the right to cancel or modify any experience if it believes there to be unacceptable risk attached in offering such an activity to the public. The Black Yeti Switzerland decision is at its sole discretion.

23. Statement of Physical Ability

You should ensure that you have an adequate level of fitness, and a certain level of confidence, in order to take part in the activity that you wish to book. Black Yeti Switzerland reserves the right to cancel or modify your tour or booking if your physical ability puts you, other customers, the general public or Black Yeti Switzerland staff at adverse risk. If you have any concerns about this please contact Black Yeti Switzerland before your trip or activity and discuss it with our team.

24. Data Protection (applies for Gorup Tours)

Black Yeti Switzerland takes photos and videos of participants for publicity, including use on our own website, YouTube channel, Instagram page, Facebook page and Black Yeti Switzerland publications. If you do not wish to be photographed or have content that includes your identity used on the aforementioned mediums, please inform your team Coordinator or reach out to us by e-mail on blackyetiswitzerland@gmail.com

25. Complaints (applies for Group Tours)

We shall try our utmost to provide a happy and fulfilling adventure holiday, but if we fail in any way, do please raise any issue with your Tour Coordinator immediately. If your complaint cannot be satisfied it is not dealt with to your satisfaction at the time of reporting it to the Coordinator(s), then you should give us full details in writing, immediately on your return. We cannot respond to verbal complaints.

26. Miscellaneous

26.1 In this agreement unless the context otherwise requires:

26.1.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;

26.1.2 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
26.1.3 except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

26.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

26.3 The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

26.4 In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

26.5 This agreement does not give any right to any third party or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.

26.6 We are not liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.

26.7 The validity, construction and performance of this agreement shall be governed by the laws of Switzerland and you agree that any dispute arising from it shall be litigated only in that country.