Terms of service
These terms and conditions of service apply to any offer, service and activity of Trail Therapy, henceforth referred to as trailtherapy.ch. Valid from 01.03.2017. In case of doubt the German language version prevails.
The registration of participants to an activity offered by trailtherapy.ch is considered binding. The terms and conditions that are valid at that time apply. The contractual relationship between trailtherapy.ch and the participants only starts with the organizer's registration confirmation. In case of registrations for more than one person, the registered person is considered as the contractual party.
Subject to paragraph 3 following.
2. Payment, price, price changes
After participants registered for an activity, they will receive a registration confirmation including payment bank details. The given payment date is mandatory. Non-payment for the booked activity is not considered as cancellation.
3. Number of participants, execution and cancellation
To be able to run our activities under optimal conditions, we set a minimum and a maximum number of participants for each activity offered. Participation is granted in the order of registration (subject to the timely payment).
Due to low number of participants, bad weather and natural conditions, regulatory measures, force majeure (such as such as natural disasters) or for safety reasons, trailtherapy.ch as organizer may withdraw from the contract on short notice. In this case, we will strive to book participants at their request to an existing, similar activity. In case this is not possible, the price for the booked activity will be waived or refunded. When not reaching the minimum number of participants, we will try to execute the activity with a correspondingly price adjustment if the participants also agreed.
Any further claims against trailtherapy.ch are excluded.
4. Abortion or change of ongoing tours
trailtherapy.ch reserves the right to change or to abort a tour at any time, especially when cancellation reasons as referred to in paragraph 3 apply. In case a tour that has already started has to be changed or aborted, the paid amount cannot be refunded.
5. Cancellation by participants
Participants can cancel their registration by email or in writing by post. Participant’s cancellation is only effective once received by trailtherapy.ch.
a) Cancellation costs
Following cancellation costs apply:
Receipt of cancellation until at least 28 (twenty-eight) days prior to the tour / course: Free of charge (full reimbursement of the paid amount)
Receipt of cancellation until no later than fourteen (14) days prior to the tour / course: 40% of the cost (reimbursement of 60% of the paid amount)
Receipt of cancellation until no later than 48 (forty-eight) hours prior to the tour / course: 70% of the cost (reimbursement of 30% of the paid amount)
In case the cancellation is received later than 48 hours before the tour / course: 100% of the cost (no refund)
In case participants abort or interrupt an ongoing tour they are not entitled to a refund of the paid amount.
b) Minimum number of participants
In case cancellations of participants lead to the participant number beeing lower than the defined minimum for the offered activity, the activity can still be executed if the remaining participants agree to an adjusted price per person which will be suggested by trailtherapy.ch.
6. Missed activities
Missed activities cannot be repeated at a later time. For no-shows or delayed arrival of the participants no refunds are possible. Our guides will wait no longer than 30 minutes from agreed tour / course beginning at the agreed meeting point.
7. Exclusion of participants
In case of the existence of valid reasons, trailtherapy.ch is at any time entitled to exclude participants from an activity. Valid reasons can be, but are not limited to:
Failure to obey to the mountain biking code of conduct, see also "trail rules" on www.trailtherapy.ch
Failure to obey to the instructions of the mountain bike guide(s)
Not wearing a helmet
Not meeting the endurance and/or riding skills requirements as described in the offer, see also "your skills" on www.trailtherapy.ch
Riding at a speed not suitable for the terrain or your own skills
Riding with a bike not appropriate for the offered activity or not being properly maintained
If you are unsure whether your bike complies with the requirements of the tour, please contact us in advance. We are happy to advise you.
In case of a justified exclusion from an activity, excluded participants are not entitled to a refund of the paid price.
8. Liability and insurance
trailtherapy.ch assures conscientious preparation and careful execution of their activities by qualified mountain guides.
Mountain biking involves an increased risk of accident, even if adhering to the rules required by trailtherapy.ch (see paragraph 7). Upon registration, participants acknowledge the dangers that go with mountain biking, and waive any claims for damages or other claims against trailtherapy.ch in the event of damage or loss. All participants bear this risk within their individual responsibility.
An insurance policy which covers the risk of accidents is not included in the offer prices from trailtherapy.ch. We recommend you to protect yourself with appropriate insurance. In your own interest, please note that also salvage and rescue costs have to be covered by your insurance.
Trailtherapy.ch cannot be held liable for theft and loss of items, as well as for damage to any equipment. A sufficient risk coverage by a property insurance is a matter of the participants.
Trailtherapy.ch is only liable for appropriate care in the choice and instruction of substitutes (especially tour guides). Claims arising from damage inflicted to participants by negligence or intentional misconduct of substitutes (especially tour guides), must be made directly to the substitutes.
Trailtherapy.ch disclaims any liability whatsoever for offers by third parties that trailtherapy.ch has only brokered (i.e. that were not booked directly with trailtherapy.ch). Any claims can only be asserted directly with the respective provider whose general terms and conditions apply. In general, the terms and conditions of trailtherapy.ch do not apply to direct bookings of offers from other providers.
When participating in offers that include air travel, participants are obliged to take out their own cancellation insurance.
Trailtherapy.ch accepts no liability whatsoever for auxiliary persons.
9. Defects of the bike
trailtherapy.ch recommends the participants to bring at least one spare inner tube, repair kit and multi tool for minor repairs (see also "your equipment" on www.trailtherapy.ch). The guides are not obliged to repair the bikes of participants during the tour / course.
10. Travel agency
In case the offer includes use of public transport (railway, tramway, bus, ship, aircraft, etc.), trailtherapy.ch occurs only as an intermediary for this activity. The general terms and conditions of the responsible transport company apply for this part of the offer. trailtherapy.ch is not a Contracting Party for this part of the offer and the participants cannot therefore refer to the present terms of activity.
11. Data protection
With registration the participants agree that trailtherapy.ch can keep the personal data of the participants (personal data, booked activities) for their own purposes and use for marketing purposes. trailtherapy.ch commits to keep the personal data of the participants confidential and will not share this with any third parties.
12. Image rights
With the registration the participants agree that images and videos taken by guides and participants during the activities may be used without compensation by trailtherapy.ch for advertising purposes. If participants do not want to be included in images, trailtherapy.ch asks for respective written notification.
13. Program and price changes
Changes of program and prices as well as changes in the general terms of service are reserved.
14. Rental of bikes and equipment ("rental equipment")
The rental equipment remains the property of the lessor.
All insurances (liability insurance, breakage insurance, material defect, theft, etc.) are the responsibility of the lessee. The lessor is not liable in any way for damage to property or persons occurring during the rental period.
Any damage to the rental equipment and costs for defects that cannot be attributed to normal wear and tear will be charged to the lessee. The lessee shall bear the following costs in the event of damage:
In the case of damage caused by gross negligence, the material costs incl. repair costs according to expenditure.
In case of total loss or theft of a rental bike of the current season max. 75% of the new price, for rental bikes older than 1 year max. 50% of the new price.
15. Legal venue
On all legal relationships with trailtherapy.ch only Swiss law is applicable. The ineffectiveness of individual provisions of the contract does not result in ineffectiveness of the whole contract. Court of jurisdiction is Zurich, District 1.