Rental Terms and Conditions of the Swiss Travel Fund (Reka) Cooperative* for Reka Holidays
The first sentence was not forgotten: it does not apply to English, as a customer is neutral. There is no masculine or feminine version, and therefore no confusion.
"The customer" includes all travel participants allocated to the same booking.
1. Validity of the General Terms and Conditions (GTCs)
• The GTCs are an integral part of the booking process between the customer and Swiss Travel Fund (Reka), hereinafter referred to as Reka. With the booking agreement, each customer acknowledges the GTCs as binding.
• The Reka Holidays business division offers its own services (resorts, hotels, holiday flats, package offers, individual services) as well as third-party offers (resorts, hotels, holiday flats, package offers, individual services).
• The Reka Holidays GTCs apply to its own offers.
• In the case of direct mediation for the third-party offers (e.g. holiday flats, flights, package travel), the contract will be concluded between the customer and third-party company, including its GTCs. In such cases, Reka is not a contracting party and the present GTCs are not applicable. For package travel, the conditions of the Package Travel Act apply.
• The present GTCs do not apply to Reka subsidiaries. These have their own GTCs. Furthermore, they do not apply to the Parkhotel Brenscino Brissago.
2. Booking process
• Persons who have reached the age of 18 at the time of booking are entitled to book.
• The contract between the customer and Reka will be concluded upon the explicit acceptance of the booking. The booking confirmation will be sent by email or by post.
• When a package arrangement involving air travel is booked, it is imperative that the participants’ names and dates of birth be given exactly as they appear on their travel documents (passport, ID card). Otherwise, the airline may not allow them to board their flight.
3. Price fixing and price changes
• By making the booking, the customer accepts the currently valid rental price published online by Reka for the service booked. This price is confirmed in the contract confirmation.
• Detailed information concerning extra costs not included in the cost will be communicated during the booking process as well as online in the booking review, and accepted with the booking closure.
• Price and services modifications after contract closure may occur in exceptional cases, and shall be charged to the customer, e.g. transport companies’ tariff modifications (e.g. fuel supplements), newly introduced or increased government taxes or fees (e.g. airport taxes, landing taxes, immigration fees, embarkation and disembarkation fees), exchange rates modifications, official price increases (e.g. VAT).
4. Payment and fees
Payment directives may vary depending on the resort and the offer you have booked. The corresponding terms can be seen during the booking process under the offer.
• Payment conditions may differ depending on the place of residence (Switzerland, abroad) as well as for customers who have a customer profile.
• Depending on the booking date, the customer has the possibility of paying by instalments (deposit and balance). A fee will be charged for this.
• All payment conditions are visible for the customer during the booking process and may vary depending on the resort or offer.
• The payment dates communicated on the booking confirmation are expiry dates (art. 102 para. 2 OR). In case of late payment, the customer shall be in default without a reminder.
• If the payment deadline is not met according to the time limit set in the booking confirmation, Reka will charge an arrears fee. In this case, Reka may cancel the contract at any time.
• In the event of payment with Reka-Checks, regulations relating to filling in the compulsory delivery note, including forwarding modalities (compulsory registered mail) must be complied with.
5. Pets
Dogs are allowed in selected resorts and holiday flats for an extra charge. The number of dogs should be indicated during the booking process and will be recorded on the booking confirmation. Apart from dogs, no other pets are allowed.
6. Customer’s cooperation obligations
In particular, apart from paying the cost of accommodation, the customer has the following cooperation obligations:
6.1 Holiday flat rental
• The customer undertakes to treat the holiday flat and its contents with care.
• The customer respects house rules.
• If any defects are noticed when taking possession of the rented accommodation, they must be reported mediately to the key holder/host or the reception. Otherwise, it is assumed that the accommodation is handed over in perfect condition.
• Shortcomings not rectified on the premises to the customer’s satisfaction must be reported within 48 hours to Reka’s central rental office in (telephone +41 31 329 66 99, or holidays@reka.ch).
• Claims for a reduction or damages should be sent in writing within 7 days of leaving a Reka accommodation (Swiss Travel Fund (Reka) Cooperative, Reka Holidays, Neuengasse 15, CH-3001 Bern). If a claim for a reduction or damages has not been reported in writing to Reka within 7 days of leaving the accommodation, these rights lapse and any possible entitlement to make a claim against Reka is lost.
• The customer is liable for damage caused by them or their guests. All damage must be reported as quickly as possible, but no later than at the time when the accommodation is handed back. The customer may still be held responsible for defects which come to light after the accommodation has been handed back.
• The final cleaning costs declared in the rental contract for flats apply to a normal final cleaning, i.e. the customer must hand back the accommodation in a clean condition at the end of the rental period. In addition, the crockery must be washed, the dishwasher emptied and refuse disposed of. If the accommodation is unusually dirty, the customer agrees to pay a higher cleaning charge.
• The time of handover of the apartment varies depending on the resort and is stipulated in the booking confirmation. If the customer leaves the flat too late, a fee may be charged.
• Limitation of the number of occupants: Holiday flats and hotel rooms must be occupied by the number of persons stipulated in the room description. The number of persons must be recorded during the booking process. In the event of overcrowding, Reka can terminate the contract at any time. The full price invoiced will remain due.
6.2 Compliance with travel regulations
• The customer must promptly check that documents received (e.g. invoice, booking confirmation, travel documents) are accurate and complete, in particular that they are in conformity with the booking, and immediately inform Reka in writing of any discrepancy.
• The customer is responsible for compliance with the relevant entry requirements (in particular concerning validity of passport, obtaining a visa, carrying out vaccinations, provisions regarding the introduction of animals).
• The customer is responsible for compliance with the check-in times given by the service providers (e.g. airport, port) and baggage policy.
• If the customer withdraws from the journey or arrives too late (no-show), the travel price will not be refunded. The obligation to carry is no longer applicable. If they miss the selected transportation, they must book again at their own expense. This also applies in particular in the event of flight schedule changes.
• In the event of pregnancy, the customer must find out about transport conditions in advance and comply with them. The customer must evaluate the state of their health with regard to the requirements of the planned journey and, if necessary, refrain from travelling (e.g. during pregnancy).
If the customer violates their obligations to cooperate, Reka assumes no liability. The customer’s claims for compensation due to defects shall not apply.
7. Liability
7.1 Extent of liability
• Reka shall be liable to the customer for proper fulfilment of the contract, in particular for the careful selection and monitoring of the service providers and the professional organisation of the trip, if the customer has no insurance cover for the damage.
7.2 Limitation of liability and liability exclusions
• Liability for all damages, that are not personal injury damage, is limited in each contract to twice the travel price. Reka is not liable if non-fulfilment of the contract, or fulfilment that is not in compliance with the travel contract, is due to:
- Failures on the part of the customer (e.g. non-compliance with entry requirements, travel not possible due to pregnancy, criminal sanctions)
- Unforeseeable or unavoidable failures of third parties (e.g. delays due to transport companies, strikes, disruptions in services solely procured by outsourced services)
- Unforeseeable or unavoidable circumstances and events caused by factors beyond its control, force majeure (e.g. epidemics/pandemics and related official measures, closed access roads, blocked motorways, increased noise emissions, power failure, environmental catastrophes, marine pollution, political unrest, strikes, opening hours of tourist establishments, government measures of any kind whatsoever, wars, withdrawal of landing rights, official orders, missing driving permits). In case of such incidents, the customer shall not be entitled to terminate the contract, or claim a reduction of the rental price or compensation.
- Services in connection with technical equipment and WLAN, TV, telephone.
- Discrepancies with the advertisement or declaration of equipment.
• The compilation of offers and price calculations have been carefully prepared. However, mistakes may occur and give rise to complaints. Reka declines all liability wherever legally possible. This is the case in particular for slight negligence and possible consequential or indirect damage (e.g. for spoiled holidays, holiday time which could not be used, feelings of frustration, loss of profits, etc.) and Reka accepts no liability.
• Liability for carers is totally excluded.
• For arrangements falling under the Package Travel Act, liability for other than personal injury is limited to twice the rental/travel price per participant.
• If a customer falls ill during their stay or arrives ill, Reka is entitled to consult a doctor and, if the health of other customers or the staff is threatened, to refuse the customer or send them home. In this case also, the customer is not entitled to contract termination, rental price reduction or compensation.
• Limitations provided in international agreements, in compensation for damages due to non-fulfilment, or non-performance of the contract in accordance with the contract, remain reserved.
• Reka may offer to remedy defects that have been reported in each case with an equivalent replacement offer. If this is refused, any further claim for damages is ruled out. If the customer takes part in a replacement journey organized by Reka, Reka’s liability is limited to any reduction in the value of the replacement trip compared to the contractually owed travel.
• Assignment of claims for damages: if Reka compensates the customer for damage caused by a services provider, the customer’s claims for compensation against the service provider are transferred to Reka.
• If an owner or occupier untimely terminates the agency agreement with Reka, or there is a change of ownership, active bookings may expire. The customer is entitled to a full refund of the rental or package amount.
8. Use of swimming pools at Reka Holiday Resorts
• Young persons under the age of 16 must be accompanied by an adult when they use the swimming pool. The customer must ensure that youngsters under 16 are supervised by an adult and behave in a way that does not endanger themselves or other guests.
• Non-swimmers are forbidden from using the pools alone.
• Non-swimmers must be supervised at all times in the pools. Responsibility for permanent supervision in the pools rests with the customer or with the persons retained by them for this purpose.
• The customer specifically acknowledges and calls the attention of their family members and other joint occupants of their rented accommodation to the fact that there is no lifeguard at the pool to take emergency rescue measures or administer first aid.
Guests therefore use the pools at their own risk.
• The customer must ensure that their family members and accompanying persons use the swimming pools and related structural extensions with due care and show consideration for the for the other pool users.
• These swimming rules apply in all Reka Holiday Resorts. Any other on-site swimming pool behaviour rules must be strictly respected at all times.
9. Rescission or termination by the customer
9.1 Withdrawal before the start of the trip
• The customer can withdraw from the trip at any time before the start of the trip. The declaration of withdrawal must be made in writing or via the customer portal. The withdrawal is binding as soon as it is confirmed by Reka. The decisive date for the purpose of cancellation fees is the delivery date to us of the declaration of withdrawal (postmark or email entry date).
• Depending on the date of the withdrawal, the customer must pay a cancellation fee as well as all other relevant fees. The amounts of compensation cover the estimated costs incurred by Reka and are perceived in this context. Asserting damage claims over and above the cancellation fee remains reserved.
• The following cases are reserved: for flights, hotel service or offers by third-party providers, ship travel and rental of passenger cars and motorhomes where the individual service providers’ conditions apply (e.g. airline companies, tour operators, shipping companies). If a substitute person suggested by the customer declares themselves willing to enter into the contract in place of the customer, with all rights and obligations, and make the journey on the agreed terms, only any fees and additional costs shall be owed in addition to the travel price. The substitute person must meet all travel requirements (e.g. legal or official specifications, visa requirements) and the change must be accepted by the service providers. The customer is liable for payment of the cost, jointly with the substitute person, as well as of all additional costs.
9.2 Termination during the trip
If the customer partially or totally terminates the contract during the trip, there is no entitlement to claim a refund of the travel price.
9.3 Cancellation costs
The cancellation conditions are listed for the customer in the booking process and may vary depending on the resort and offer.
10. Withdrawal or termination via Reka
10.1 Cancellation directives
• In the event of a modification of an existing booking, which is tantamount to a cancellation or a re-booking, the cancellation directives of the resort or the booked offer applies.
• Extras and services which have not been taken up at the start of the journey and are shown in the booking confirmation are fully refunded.
• Any fees shall not be refunded that are included in the booking (e.g. fee for payment by instalments, booking fee).
• Extras and services which are booked as a ‘package’ are not refundable.
10.2 Significant error
In the event of a significant error at the conclusion of the contract, especially regarding calculation and/or publication errors in the travel price, Reka is entitled to withdraw from the contract. The customer is entitled to a refund of the amount paid.
10.3 Not reaching the minimum number of participants
If the minimum number of participants envisaged for a journey is not reached at the latest 14 days prior to scheduled departure, Reka is entitled to cancel the contract. The customer is entitled to a refund of the amounts paid. Alternatively, the customer is free to undertake a replacement journey if possible. If the replacement journey is inferior in price in comparison to the contractually agreed journey, the customer can claim compensation for the decrease in value. Further damage compensation claims are excluded.
10.4 Unforeseeable or unavoidable circumstances
If unforeseeable or unavoidable circumstances (e.g. wars, strikes, natural catastrophes, withdrawal of landing rights, epidemics, pandemics and related official measures) impede the scheduled completion of travel, Reka is entitled to withdraw from or terminate the contract.
If termination of the contract occurs prior to departure, the full travel price shall be refunded to the customer, bearing in mind that related costs demonstrably incurred by Reka will be deducted from the refunded amount. Compensation claims are excluded. Alternatively, the customer is free to undertake a replacement journey if possible. If the replacement journey is inferior in price in comparison to the contractually agreed journey, the customer can claim compensation for the decrease in value. In the event of termination after commencement of travel, damage compensation claims are excluded, in particular regarding compensation for extra costs (e.g. airfare or hotel expenses).
10.5 Unacceptability
If the customer, or a travel participant under their responsibility, makes compliance with the contract unreasonable for Reka due to inappropriate conduct, Reka is entitled to withdraw or terminate the contract. Inappropriate conduct also applies when the customer’s general health condition obviously does not correspond to requirements, whether set out in the service description or stipulated in good faith. The customer must pay any fees as well as the cancellation fees (as specified in the booking confirmation).
11. Travel modifications (changes of reservation)
11.1 Changes by customers
• After conclusion of the contract, the customer is not entitled to modify the contract content (reservation changes). Reka shall however endeavour to comply with the customer’s requested changes as far as possible. If Reka carries out a change in compliance with the customer’s wishes, any possible additional costs or fees are due.
• Application for a booking modification must be made urgently in writing or via the customer portal. As soon as it is confirmed by Reka, the modification in binding.
• Extra services already taken into account will not be refunded. Services not yet taken into account (complete packs) will be refunded after deduction of any fees, provided that a confirmation in writing from the service provider is issued to Reka and the services are not invoiced.
• Any refunds shall be made exclusively in the form of Reka Holidays vouchers with the exception of package holidays.
11.2 Modifications made by Reka and right of modification
• Reka reserves the right to modify its range of offers at all times (right of modification). It shall be entitled in particular to change its published range of offers (hotels, airlines, travel routes, price details) in its catalogues, internet, etc., unilaterally at all times.
• If unforeseeable or unavoidable circumstances or force majeure (e.g. wars, strikes, natural catastrophes, withdrawal of landing rights, epidemics, pandemics and related official measures) affect the scheduled completion of travel, Reka is entitled to modify individual services (e.g. accommodation, means of transport). This also applies to problems of overbooking.
• In the event of a substantial change in one of the key contract points, the customer is entitled to terminate the contract within 5 days of notification of the contract modification.
• The customer is not entitled to the above-mentioned claims if they, or a travel participant under their responsibility, makes compliance with the contract unreasonable for Reka due to inappropriate conduct. Inappropriate conduct also applies when the customer’s general health condition obviously does not correspond to the requirements, whether set out in the service description or stipulated in good faith.
• Reka’s right is also reserved to subsequent price increases.
12. Data protection
Reka declares it complies with the provisions of Swiss data protection legislation. The customer agrees that Reka processes past and future data concerning their person (e.g. name, address, date of birth, gender, email address, telephone number) as well as data concerning their activities (e.g. holiday bookings). This data is used for the purpose of providing the requested service and development of better services and offers, provision and sale of wares, for marketing and internal statistics as well as for analysis purposes.
The customer is entitled to access, authorize and delete their data. Furthermore, they may request restriction of processing. The legally prescribed safekeeping of customer data and other legal exceptions remain reserved.
For further information on the current and valid Data Protection Act, see: reka.ch/data-protection.
13. Miscellaneous
13.1 Binding language
In case of differences of interpretation due to varying formulations in different language versions, the German version shall be binding.
13.2 Ineffectiveness of a provision
Should one or several of the afore-mentioned provisions be or become ineffective, this shall not affect the validity of the remaining provisions.
13.3 Ombudsmann
The Parties remain free to consult the Swiss tourism sector’s Ombudsman concerning any legal dispute (www.ombudsman-touristik.ch), in order to reach an out-of-court settlement.
13.4 Travel guarantee
Reka is a member of the Swiss tourism sector’s statutory fund. This guarantees the customer the safeguard of the amount they have paid in connection with the booking of a package holiday as well as the return journey. Detailed information is supplied by the booking office or the garantiefonds.ch
website.
13.5 Insurance
Reka emphatically recommends the conclusion of a travel cancellation insurance as well as an insurance for coverage of repatriation costs in the event of accident or illness. Cancellation of the insurance contract is no longer possible once it has been concluded. After conclusion of a travel insurance, payment falls due with the down payment. If this deadline is not met, insurance coverage for the booked travel shall lapse. In case of cancellation of the booking, the fee is due. Detailed information on insurance protection can be found in the General Contract Conditions (GCC) of AXA.
13.6 Modifications to the GTCs
Reka is entitled to modify the present GTCs at all times unilaterally. The current GTCs status is visible electronically at all times.
Reka contracts shall be governed exclusively by Swiss Law. The place of jurisdiction shall be Bern, Switzerland.
Bern, 16. November 2021
Swiss Travel Fund (Reka) Cooperative
Neuengasse 15
CH-3001 Bern
Telephone +41 31 329 66 99
reka.ch