General terms and conditions (GTC)
from Tauchsport Käser AG, Liebefeld and Tauchsport Käser Zürich AG, Zürich / Version January 2020
These general terms and conditions apply to the services offered by Tauchsport Käser AG and Tauchsport Käser Zürich AG ("Tauchsport Käser") in their own name. This includes in particular services of the diving shop including online shop, Michel studio and workshop, as well as the diving school, such as in particular the execution of diving courses.
If Tauchsport Käser arranges travel arrangements or services of other tour operators, their contractual and travel conditions apply in addition.
2. Right of return/complaints
Tauchsport Käser always strives for the highest quality. Wrong or damaged goods can be returned within 14 working days of sale with the original receipt.
Tauchsport Käser offers service and repair work on diving equipment such as regulators, tanks etc. Tauchsport Käser is to be notified of any defects immediately after discovery, at the latest within three months after return of the material to the customer. Late complaints will not be considered.
3. Terms of delivery
The delivery of the articles purchased in the online shop of Tauchsport Käser is carried out via parcel service and only within Switzerland and the Principality of Liechtenstein. The ordered items, if in stock, will be handed over to the parcel service at the latest on the day following the order, with the exception of Sundays and general holidays. If an ordered article is not in stock, the customer will be informed immediately about the availability of the article. Missing articles will be delivered later or their purchase price will be refunded. Possible costs for shipping will be shown separately on the order overview page when the order is completed.
The participant is not insured by Tauchsport Käser and takes part in diving courses at his own risk. The participant is obliged to take care of sufficient insurance coverage himself/herself. It is strongly recommended to purchase a cancellation costs insurance. In addition, a membership of the Swiss Underwater Sports Association (www.susv.ch) is recommended. They offer worldwide protection for recreational divers and are an ideal supplement to Swiss health insurance.
Tauchsport Käser haftet in Fällen des Vorsatzes oder der groben Fahrlässigkeit nach den gesetzlichen Bestimmungen. Die Haftung für leichte Fahrlässigkeit wird ausgeschlossen. Auch die Haftung für Erfüllungsgehilfen wird ausgeschlossen. Innerhalb des Anwendungsbereiches des Produkthaftungsgesetzes haftet Tauchsport Käser ausschliesslich wegen Verletzung des Lebens, des Körpers oder der Gesundheit oder wegen der Verletzung wesentlicher Vertragspflichten. Der Schadensersatzanspruch für die leicht fahrlässige Verletzung wesentlicher Vertragspflichten ist diesfalls jedoch auf den vertragstypischen, vorhersehbaren Schaden begrenzt, soweit nicht wegen der Verletzung des Lebens, des Körpers oder der Gesundheit gehaftet wird.Tauchsport Käser is liable in cases of deliberate or gross negligence according to the legal regulations. Liability for slight negligence is excluded. Liability for assistants is also excluded. Within the scope of application of the product liability law, Tauchsport Käser is only liable for injury to life, body or health or for the violation of essential contractual obligations. In this case, however, the claim for damages for the negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, body or health.
6. Diving capability
The participant commits himself/herself to fill in the forms submitted to him/her truthfully and to inform the instructor at any time and immediately of any changes in his/her state of health that may affect his/her diving ability.
Tauchsport Käser reserves the right to exclude participants from diving courses.
7. Diving course
The registration for a diving course can be made in writing, by telephone or orally and is binding. Sometimes the number of participants in courses is limited. Short-term registrations are possible on request, but cannot always be guaranteed. The course confirmation is in writing. Participation is only guaranteed after course confirmation.
7.2. Price/payment conditions
The entire course amount is to be paid in cash or by bank transfer by the specified payment deadline. Only the services listed in the detailed programme and/or Internet are included in the course price. If the course fee is still owed at the beginning of the course, Tauchsport Käser reserves the right to exclude the participant from the diving course.
7.3. Termination by the participant or no-show
7.3.1. Registration fee
If the participant withdraws his participation in the diving course regardless of the time or does not participate in the course, Tauchsport Käser will charge the registration fee according to the offer. In the offer, the participant is informed about the amount of this fee and agrees to it. We reserve the right to claim costs for any expenses (material etc.) already made.
Tauchsport Käser advises the participant that these costs are not covered by insurance and must be paid by the customer in any case.
In case of cancellation within 5 working days before the start of the course, Tauchsport Käser will charge two thirds of the cost of the entire diving course in addition to the registration fee.
If the participant has to interrupt or completely discontinue an ongoing diving course or does not appear for the diving course for no reason, the costs will not be refunded. On presentation of a medical certificate or in case of serious reasons, a alternative option will be sought.
7.4. Course cancellations/program changes due to Tauchsport Käser
Tauchsport Käser reserves the right to cancel a diving course in case of insufficient number of participants or other circumstances (e.g. higher acts etc.).
Tauchsport Käser conducts the diving course according to the programme if possible, but reserves the right to change the programme, services etc. if this appears necessary due to objective circumstances. If Tauchsport Käser cancels the diving course or does not offer an alternative program, the participant is entitled to a refund of the diving course costs. Further claims are excluded.
8. Diving course with overnight stay
The travel suggestions made by Tauchsport Käser are non-binding until the final booking confirmation; in particular, we expressly reserve the right to make adjustments to services, prices and dates. The contract between the participant and Tauchsport Käser is valid with the booking confirmation.
With payment of the required (partial) amounts the registration is final. If the booking costs are not paid on time, Tauchsport Käser reserves the right to refuse the travel service and to consider the contract as cancelled after an unsuccessful period of grace. In this case, the registration fee and costs according to paragraph 7.3.2. will be due.
8.2. Minimum number of participants
If the required minimum number of participants is not reached, Tauchsport Käser is free to cancel the trip or to carry it out with a smaller number of participants. This can lead to additional costs, which will be discussed with the participants.
8.3. Entry requirements
Tauchsport Käser informs the participants about passport, visa and health regulations of the destination country. The participant is responsible for compliance with the entry, health and currency regulations.
If services do not correspond to the contractual agreement, the participant has to inform the tour guide as soon as possible and set a grace period. If the intervention does not lead to an appropriate solution, the participant is obliged to demand a written confirmation from the tour guide, which records the complaint and its contents. The participant must send this to Tauchsport Käser within 30 days of the contractual end of the trip.
No liability on the part of Tauchsport Käser will be accepted if the non-fulfilment or improper fulfilment of the contract is due:
a) on omissions of the participant;
b) to unforeseeable or unavoidable failures of third parties who are not involved in the provision of the contractually agreed service
c) to force majeure or to an event that Tauchsport Käser could not foresee or avert
For damages other than personal injury, liability is limited to twice the booking amount of the trip.
8.6. Change/(partial) cancellation by the participant
8.6.1. Trip termination
If the participant is prevented from starting the trip or should he/she prematurely break off the trip for any reason, the advance payment already made for the travel arrangements will not be refunded by Tauchsport Käser. Any additional costs (e.g. for the return journey) are at the expense of the participant. In this context, Tauchsport Käser refers to the possibility of a return travel insurance.
For general changes (changes of travel date, etc.) a processing fee of CHF 120 per person will be charged, but a maximum of CHF 200 per order.
If the booked trip is cancelled, Tauchsport Käser will charge the registration fee according to the offer and may charge additional expenses already incurred (see paragraph 7.3.1.).
The following additional costs are owed:
until 30 days before departure: 50% of the booking amount
from 29 days before departure: 100% of the booking amount
8.7. Cancellation/change of program by Tauchsport Käser
Tauchsport Käser is entitled to cancel the trip if unforeseeable or unavoidable circumstances such as force majeure, natural phenomena, official measures, strikes, political circumstances, terror etc. make the trip considerably more difficult, endanger or make it impossible. In this case the paid booking amount will be refunded.
Program changes are not excluded. Tauchsport Käser reserves the right to adjust the travel program or individual services (e.g. accommodation, itinerary, etc.), especially in the case of unforeseeable or unavoidable circumstances. The aim is to offer equivalent replacement services.
8.8. Price increase
In the event of a price increase after conclusion of the contract of more than 10% of the original booking amount, the participant has the possibility to withdraw from the contract. Already paid services and deposits will be refunded (without insurance and possible visa costs).
9. Photo and film material
By agreeing to these terms and conditions, the participant grants Tauchsport Käser the right to use all hashtags, shared film, photo and audio recordings either produced by Tauchsport Käser during the courses or trips or produced by participants on social media under the hashtag #comediving, or other hashtags, shared film, photo and audio recordings advertised by Tauchsport Käser for own purposes without further consultation.
10. Severability clause
Should one or more of the above provisions be invalid or incomplete, this shall not affect the validity of the remaining provisions. The parties to the contract undertake to replace the invalid provision by a provision which comes closest to the original intention in terms of its content.
11. Place of jurisdiction and applicable law
Exclusive place of jurisdiction for Tauchsport Käser AG is Bern and for Tauchsport Käser Zürich AG is Zürich. Swiss law is applicable.