1.Your Contract
Your contract is with Touch Nature GmbH (company No. CHE-123.456.789) with its registered office address at Schwabistalstrasse 27, CH 5037, Muhen, trading as myflyfishing.com and hereinafter referred to as (“the Company” or “we”). By making a booking with us, you (the lead name on the booking) confirm that you have the authority to bind all members of your party to these Booking Conditions and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party. A contract will exist as soon as we issue our confirmation invoice. The contract is made on the terms of these booking conditions, which are governed by Switzerland law, and the jurisdiction of the Switzerland courts.
Your contract is also governed by Federal Act on Package Travel of 18 June 1993 (Status as of 20 August 2021) (the “Package Travel Regulations”) which contain terms that are implied into contracts for packages even if not specified in these Booking Conditions or in your confirmation invoice.
2. Booking Procedure
Our bookings are tailored to your individual needs and so bookings are subject to availability. To make a booking for one of our tours, you must complete and submit our booking form together with a deposit of 30% of the full price of your booking which is payable by bank transfer, TWINT, debit or credit card. In the case of some hotels and services, a more substantial deposit may be required but you will be advised of this at point of sale. Bookings made less than 60 days of departure (“late bookings”) require full payment to be made in order to make a booking.
Following receipt of your payment in cleared funds, we will normally issue you with a confirmation invoice within 72 hours. Once we issue the confirmation invoice, a contract comes into existence and the deposit is non-refundable. Except in the case of a late booking, the final balance is due not later than 60 days before the start of the tour. If you fail to pay the balance by the due date, we shall have the right to treat this as a cancellation and retain the deposit (see Section 6 Cancellation by Client).
Please check that all names are the same as the relevant passport, that dates and timings and all other elements of your trip are correct. The lead name on the booking is responsible for confirming all passport information of the party. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.
3. Price of your Holiday
We reserve the right to alter the prices of any of the tours shown on our website at any time before you book. You will be advised of the current price of the tour that you wish to book before your booking is confirmed.
The price of your tour is inclusive of taxes and where applicable, all additional fees and charges and other costs. Where any costs cannot be reasonably calculated by us in advance of the conclusion of your contract, we will give you an indication at the time of booking of the type of additional costs which you may still have to bear.
4. Client amendments
If, after we have issued your confirmation invoice, you wish to change your booking in any way, we will try to be as accommodating as possible, but (subject to your right to transfer your ticket to another person under Section 5 below), it may not always be possible to make changes. Any request for changes must be received in writing by letter or email from the lead name on the booking. You may be asked to pay an administration charge in addition to the costs we incur in making those amendments. If we are unable to make the amendments and you decide to cancel, we may require you to pay us cancellation charges in accordance with Section 6 below.
5. Transfers
You may transfer your booking to another person who satisfies all the conditions applicable to your contract. We must receive at least 7 days’ written notice from you in order to make such a transfer. Any additional fees, charges or other costs including any amendment fees incurred as a result of transferring your booking will be passed on to you, with these costs being advised to you before we effect any transfer. You and the person to whom you transfer your booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs. Please note that in many cases, scheduled airlines apply 100% cancellation charges and will not permit name changes or other booking alterations to be made.
6. Cancellation by Client
If you wish to cancel your holiday we must receive confirmation of this in writing, by email. The cancellation will take effect from the date that we receive written notification of cancellation from you. Cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. This is because we incur costs to suppliers in cancelling your booking. Cancellation charges represent our reasonable costs of terminating your contract (which varies depending on how much notice you give us before the start of your tour) taking into account any savings that we may be able to make.
Cancellations by the client are subject to the following charges:
Written notice received from client:
- 60 days or more before departure – loss of deposit;
- between 59 and 30 days before departure – 50% of total price.
- between 29 days and 15 days before departure – 75% of total price;
- 14 days or less before departure – 100% of total price.
Failure to pay the balance for your tour by the due date (being 60 days before departure) shall be treated as a cancellation and we shall be entitled to retain your deposit. It is recommended that clients take out insurance policies to cover the event of cancellation as you may be able to reclaim these charges.
Cancellations or Alterations by the Company
7. Pre-departure alterations
Occasionally, it is necessary for us to make changes after your booking has been confirmed. We are entitled to make minor changes to your booking provided that we inform you. The nature of adventure travel means that occasional changes (for instance as a result of adverse weather conditions) may be necessary, with the guests’ safety a priority. If, before the start of the package, we are constrained by circumstances beyond our control to alter significantly any of the main elements of your booking, or cannot fulfil your special requirements that we have agreed to in your booking confirmation, (each a “Significant Change”), we will notify you as soon as possible. Within the period that we shall specify in the notice, you may either:
- accept the proposed changes; or
- (ii) terminate the contract without paying a cancellation charge. If you choose to terminate your contract, you may accept a substitute package where we are able to offer this to you. Where the changes to your contract or the substitute package offered result in a package of lower quality or cost, you are entitled to an appropriate price reduction.
If you terminate the contract and do not accept a substitute package, you will be entitled to a full refund within 14 days after the contract is terminated. In addition, compensation may be payable for any lack of conformity in accordance with section 9.
8. Cancellation by us
Whilst we hope we will never have to cancel your trip, this is, very occasionally, necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better quality. If we can only offer a lower quality, we will offer, give you an appropriate price reduction. If we cannot offer you an alternative, we will give you a full and prompt refund of the price of the trip. We will also be liable to pay appropriate compensation pursuant to Section 10 unless:
(i) we are prevented from performing the contract because of Unavoidable and Extraordinary Circumstances (as defined in paragraph (c) below and we notified you without undue delay before the start of the package; or
(ii) we have to cancel because the minimum number of persons enrolled for the package is smaller than the minimum number stated in the contract and we notify you within the following time periods.
- In the case of tours lasting more than 6 days, no later than 20 days before the start of the package;
- In the case of tours lasting between 2 and 6 days, no later than 7 days before the start of the package;
In the case of tours lasting less than 2 days, no later than 48 hours before the start of the package.
9. Unavoidable and Extraordinary Circumstances
Unavoidable and extraordinary circumstances means a situation beyond the control of the party who invokes such a situation, the consequences of which could not have been avoided even if all reasonable measures had been taken (“Unforeseeable and Extraordinary Circumstances”). Unusual and Extraordinary Circumstances may include, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, significant risks to human health such as outbreak of serious disease at the travel destination, natural or nuclear disaster, fire, flood, drought, earthquake, or adverse weather conditions making it impossible to travel safely to the destination as agreed in the package travel contract.
10. Performance of Contract
We are liable to you for the performance of the travel services included in your tour contract (whether those services are to be performed by us or by other travel service providers) – see Section 10.
If, after departure, you perceive any lack of conformity during the performance of your package travel contract – i.e. you believe we have failed to perform or have improperly performed your contract – you must inform us without undue delay. We will remedy any lack of conformity within the reasonable period that you require, unless that is impossible or entails disproportionate costs, taking in account the extent of lack of conformity and the value of travel services affected. If we do not remedy the lack of conformity within the reasonable period you require, you shall be entitled to an appropriate price reduction for any period of lack of conformity and to appropriate compensation for any damage sustained as a result, in accordance with Section 10. You may remedy the lack of conformity yourself and request reimbursement of the necessary expenses if we refuse to remedy the lack of conformity or if an immediate remedy is required.
If we are unable to provide a significant proportion of your trip whilst you are away, we will offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, at no extra cost to you, for the continuation of your trip, including where your return to the place of departure is not provided as agreed. Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, we shall grant you an appropriate price reduction.
You may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.
If a lack of conformity substantially affects the performance of the package and we fail to remedy the lack of conformity with the reasonable period you specify, you may terminate the contract without paying a cancellation fee and, where appropriate, request a price reduction and/or compensation for damages in accordance with Section 10.
If we are unable to make alternative arrangements or you reject the proposed alternative arrangements according to the above conditions, where appropriate, you are entitled to a price reduction or compensation for damages, or both, in accordance with Section 10 without terminating the travel contract.
11. Our liability to you
Without limiting our liability to properly perform your tour contract, please note that as we operate adventure tours throughout our destinations, we offer activities as part of your tour that are higher risk activities than standard fly fishing and holiday tours, for example, scuba diving. When you make a booking with us you acknowledge and agree that you understand that some of the activities will be higher risk activities. Accordingly, you should take out adequate personal travel insurance to cover all the activities that you may wish to undertake as part of your tour contract. See section 14 – Insurance.
Notwithstanding the above, we are responsible for the performance of the travel services included in your tour contract and we will use reasonable skill and care to provide the services or facilities that form part of your booking with us. We will be liable to compensate you if we fail to perform or improperly perform your tour contract.
You will be entitled to an appropriate price reduction for any period during which there was a lack of conformity, unless we prove that the lack of conformity is attributable to you.
You are entitled to receive appropriate compensation from us without delay for any damage which you sustain as a result of any lack of conformity. However you shall not be entitled to compensation for damages if we prove that the lack of conformity is:
- attributable to you;
- attributable to a third party unconnected with the provision of travel services included in the package contract and is unforeseeable or unavoidable; or
- due to Unavoidable and Extraordinary Circumstances.
Except in cases involving death, illness or injury, damage caused intentionally or negligently, in any other case where liability may not be limited by law, or in cases which are subject to the international conventions referred to below, our liability for compensation shall be limited to a maximum of three times the total price of your package (not including amendment charges) We shall have no liability for any loss of business or profits, loss of use or any other consequential or indirect loss or damage.
Our liability to you (and your party) is also limited in accordance with the international conventions set out below as if we were a carrier under the relevant conventions as applicable. These conventions limit the amount of compensation that passengers can claim for death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings. The terms of the relevant conventions are expressly incorporated into your contract and copies of the applicable conventions will be provided by us upon request. The relevant international conventions are:
a) in relation to carriage by air, the Carriage of Air Convention, within the meaning given in section 1(5) of the Carriage by Air Act 1961;
b) in respect of carriage by rail, the Convention of 1980 concerning International Carriage by Rail (COTIF); and
c) in respect of carriage by sea, the Athens Convention 1974 on the Carriage of Passengers and their Luggage by Sea.
All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. These are expressly incorporated into your contract with us. Copies of these terms and conditions will be provided by us on your request. Our liability will not exceed that of any carrier.
Any right to compensation or price reduction under the Package Travel Regulations does not affect the rights of travellers under the EU passenger rights legislation. However, where you are granted compensation or a price reduction under the Package Travel Regulations and EU passenger rights legislation or the international conventions, we will deduct the compensation or price reductions under the Package Travel Regulations from the other compensation or price reductions granted in order to avoid overcompensation.
Hotels and other tourist services included in your trip are arranged by us with local suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where we organise trips are often lower than comparable standards in Switzerland. We will at all times endeavour to appoint reputable suppliers. The terms and conditions of hotels and other providers will be applicable and are expressly incorporated into the contract. These may limit or exclude their liability. Local standards of the relevant country will be relevant in assessing performance of the services being performed in that country. In the event of any complaint, the contract will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of Switzerland have not been met.
12. Assistance
Whether or not we are liable for compensation, we will always provide you with appropriate assistance without undue delay if you are in difficulty. This will include providing appropriate information on health services, local authorities and consular assistance, assisting you to make distance communications and helping you to find alternative travel arrangements. We may charge you a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence, which shall not exceed our actual costs incurred.
13. Flight Arrangements
As your flight arrangements will be made independently, the Company accepts no liability for this portion of your holiday. Whilst we will try to accommodate any delays to or cancellations of your flight arrangements where this impacts the start of your tour with us, we do not accept any liability. We only accept liability for the elements of the trip that we are contracted to supply.
14. Insurance
It is a condition of booking with us that every client is adequately insured against personal accident, illness and medical expenses. It is your responsibility to check that any adventure sports and activities to be undertaken in your tour (or separately arranged by you during your holiday) are covered by your policy. We may require a copy of your insurance policy certificate for our records. We will not be responsible for any costs incurred by you or any member of your party before, during or after your tour as a consequence of inappropriate or insufficient travel insurance being purchased.
15. Our Guarantee
Touch Nature GmbH, referred to as “My Fly Fishing,” is proud to be a member of Swiss Travel Security (STS) and The Swiss Travel Association (STAR). STS, an independent foundation created by STAR, aims to protect customer deposits in accordance with the federal act issued on June 18th 1993 regarding Package Tours (PRG).
As stipulated by Article 18 of this law, as organizers or facilitators of package tours, we are committed to ensuring the reimbursement of all paid amounts and/or the return trip for our customers in the event of insolvency or bankruptcy. The STS provides a guarantee to customers of its members, offering a full refund for all payments and covering the return trip for paid bookings according to the terms set by STS in case of company insolvency or bankruptcy. This includes:
- Package tours as defined by Article 18 PRG.
- Predetermined transportation for passengers via plane, train, bus, ship, or ferry, as well as accommodations and other individual services (such as lodging, meals, hotels, holiday apartments, rental cars, etc.) that do not fall under the traditional definition of a package tour.
This commitment ensures peace of mind and security for all our valued customers.
16. Passports, visas and health formalities
We will provide general information relating to passport, visa and health formalities relevant to Swiss and EU citizens for the destinations we feature including approximate periods for obtaining visas. It is your responsibility to ensure you have correct and valid documentation to enter our destinations. Most countries now require passports to be valid for at least six months after the return date. Similar rules apply to most EC countries. However, it is your responsibility to double check the latest information with the relevant Consulate well in advance of your holiday. On arrival at the destination, you will complete a tourist visitor’s form/card and this will entitle you to stay in the destination for up to 90 days. All other nationalities may require a visa in advance, so please make the necessary enquiries as early as possible.
If you or any member of your party have any disability, reduced mobility or medical condition, it is extremely important that you tell us before you book in order that we can ensure that the tour you are interested in is appropriate to and safe for your needs and make the necessary arrangements to make your tour to go safely and smoothly. All health and mobility information will only be used in order to advise you in relation to your booking and for passing to suppliers of your tour in accordance with our Privacy Policy.
17. Your Responsibilities
Your booking is accepted on your understanding of the nature of the environment and geography of our destinations and the risks and hazards of adventure travel, including the dangers inherent in remote locations and any other activities included in our tours. Your booking is accepted on your understanding of the potential for delays and alterations due to factors beyond our control, which may cause inconvenience or discomfort. On our tours it is necessary that you abide by the authority of the tour leader. On signing our booking form you confirm that you have understood this. If during a tour your behaviour is deemed to be detrimental to the safety and welfare of the group as a whole, the tour leader reserves the right to ask you to leave the tour without the right to a refund. Our responsibility for your tour does not commence until the appointed time at the designated meeting point. If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group. It is your responsibility to carry the correct documentation (passport etc) and it is your responsibility to look after your personal property during your holiday. We accept no responsibility or liability for theft from hotel rooms or safes.
18. Complaints
If you perceive any lack of conformity during your trip or have any other complaint about your tour, please inform our representatives or the relevant supplier (e.g your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us so that we can remedy the problem and make any alternative arrangements that may be necessary. If the problem is still not resolved upon your return, please write to us within 28 days of your return either by post to our Customer Services Department at Schwabistalstrasse 27, CH 5037, Muhen, or by email to [email protected], giving your booking reference and other information. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint at the time the problem occurred and this may affect your rights.
19. Special requests
Whilst we will endeavour to comply with any special requests we receive (such as specific airline seating, dietary requirements or specific rooms and will pass any special requests to the relevant supplier. However, we are unable to guarantee compliance with such requests and are not liable for any loss suffered in the event of such requests not being complied with.
20. Excursions and activities
Where excursions and/or activities are booked and paid for in advance as part of the price of the trip and detailed on our booking confirmation, these will form part of your contract with us. We undertake to use reasonable skill and care in selecting suppliers who provide excursions and activities as part of your contract.
Any excursions and/or activities that you decide to purchase at any time from a local supplier or third party once your trip has commenced, will not form part of your contract with us. Your contract for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no liability whatsoever for the performance of that excursion or activity.
21. Documentation
We will send to you by e-mail your tickets, hotel vouchers and final information regarding your trip approximately 3 weeks prior to departure. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued, all costs must be paid by you.
22. Contact us
All myflafishing.com clients travelling will also be able to contact us on our 24 hour number: +41 76 588 08 99.
