<i>SALTY COSMOS</i> <i>GmbH</i>
<i>SALTY COSMOS</i> <i>GmbH</i>
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SALTY COSMOS GmbH

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General Terms and Conditions (GTC)

19.02.2025

General Terms and Conditions (GTC) of Salty Cosmos GmbH

1. Scope
1.1 Conclusion, Content and Execution of Contracts
These general terms and conditions (GTC) regulate the conclusion, content and processing of contracts for services between Salty Cosmos GmbH (hereinafter “Salty Cosmos”) and its customers (hereinafter “participants” or “you”), particularly in the areas of sea kayak courses, sea kayak tours and sea kayak holidays, experiential educational events, as well as consulting and coaching sequences that are carried out in the kayak.

1.2 Deviations from the General Terms and Conditions

Anyone who books a Salty Cosmos program accepts these terms and conditions. The parties can agree on deviations in writing in the contract if they are objectively justified.
2. Offers
2.1 Basis of the Offer
The offer is created based on the programs advertised on the website (www.saltycosmos.ch).

2.2 VAT
Salty Cosmos shows the VAT separately in the offer.

2.3 Deadlines
The offer is binding for the period specified in the offer request. If relevant information is missing, a deadline of six months applies from receipt of the offer.
3. Registration and Conclusion of Contract
3.1 Registration process
You can register for our programs using the corresponding input mask on our website. By sending the completed booking form, your registration becomes binding. Salty Cosmos reserves the right to check your registration and, if necessary, refuse your participation in the desired program. Reasons for this could be, for example, the lack of availability of free places or concerns about meeting the participation requirements (e.g. lack of paddling experience, etc.).

3.2 Conclusion of contract
The conclusion of the contract between you and Salty Cosmos will only become legally valid upon confirmation from us. Confirmation from Salty Cosmos will normally occur within two weeks.
4. Contract Changes, Contradictions and Partial Invalidity
4.1 Contractual changes
Changes and additions to the contract as well as its cancellation must be made in writing.

4.2 Inconsistencies among the provisions
In the event of contradictions among the provisions, the following order of precedence applies: contract document, general terms and conditions, request for quotation, offer.

4.3 Partial invalidity within the contract
If individual provisions of the contract prove to be invalid or illegal, the validity of the contract will not be affected. In this case, the provision in question should be replaced by an effective provision that is as economically equivalent as possible. The same applies in the event of a gap in the contract.
5. Compensation
Salty Cosmos provides the services:
a) based on effort with an upper limit on remuneration (cost ceiling); or
b) at fixed prices.

5.1 Content of fixed remuneration
The contractually agreed remuneration covers all services that are necessary for the proper fulfillment of the contract. In particular, it includes all contractually agreed additional services, material, packaging, transport and insurance costs, documentation, social benefits, expenses, fees and public charges. Any VAT owed is owed together with the remuneration, but must always be shown separately in the offer, contract and invoice.

5.2 Time of invoicing
Salty Cosmos programs are invoiced digitally before the booked program is carried out.
6. Prices
The prices and conditions communicated in the respective advertisement apply.
7. Payment Deadlines, Late Payment, Reminders
You can find the applicable payment deadline on our invoice. After this period has expired, you will automatically be in default without the need for a separate reminder. We reserve the right to charge statutory default interest as well as reminder fees for additional processing from that point onwards.
8. Execution
8.1 Duty of Care
As a specialist, Salty Cosmos is committed to careful, faithful and competent fulfillment of the contract. It guarantees that all services provided comply with the contractual conditions and specifications as well as legal requirements.

8.2 Written communication in the event of changes
Salty Cosmos informs customers immediately in writing if the contractual fulfillment of their service is impaired or at risk.

8.3 Demarcation of content
Salty Cosmos offers kayaking services. Arrival and departure to programs as well as the organization of accommodation and meals on site are the responsibility of the participants.

8.4 Program start and end
The timing of a program can be found in the advertisement and will be communicated on site by the guide for programs lasting several days.
9. Safety
The program announcement provides information on a case-by-case basis about what skills and equipment participants must have in order to take part in various programs.

9.1 Materials
Wearing a buoyancy aid (minimum buoyancy of 50N, EN 393 or ISO 12402 – 5) is mandatory in all programs. Rolling courses are an exception. Helmets are required within surf zones or near shores with rocky bottoms. Only helmets specifically made for paddling will be accepted.

9.2 Predominant parameters outside of the safety limits
If the environmental safety parameters given in the announcement are not met and safety is therefore endangered during a program, a guide is authorized to change or cancel a planned or already started program.

9.3 Adaptation of equipment within a program
During ongoing programs, the equipment is adapted to the prevailing conditions and can therefore be adjusted by the guide at any time.

9.4 Exclusion of participants due to security deficiencies
Anyone who does not follow instructions regarding equipment or is not equipped for the prevailing conditions may be excluded from the program for safety reasons.

9.5 Program changes or termination due to security deficiencies
If it becomes apparent that equipment defects endanger the safety of one or more people, Salty Cosmos is authorized to modify or cancel a program.

9.6 Disclaimer: Disobeying Instructions
Salty Cosmos is not liable for any damages resulting from persons disobeying the guide's instructions regarding recommended equipment or continuing an activity that a guide has previously modified or stopped for safety reasons.
10. Disclaimer
10.1 Disclaimer: Participation at your own risk
Participation in Salty Cosmos programs is at your own risk. Salty Cosmos fundamentally excludes liability for personal injury or property damage.

10.2 Waiver
Participants will be asked to sign a waiver before the program begins. By signing, participants confirm that they are aware of the risks and dangers of paddling and accept them at their own risk. They also confirm that they have informed Salty Cosmos about acute health problems. Refusing to sign will result in exclusion from the program.

10.3 Extended disclaimer: Private activities outside the program
Any liability for accidents or property damage resulting from private activities undertaken by anyone during a program offered by Salty Cosmos is disclaimed by Salty Cosmos. This exclusion of liability is not intended to be exhaustive, but applies in particular to the following points: private activities on or in the water as well as on land; Transport, damage caused by private involvement when cooking in a group or when eating food.

10.4 Private material: damage and theft
Salty Cosmos is not liable for damage to participants' private material. This also includes theft of private items. The use and storage of private items on the water, in Salty Cosmos tents or vehicles is at your own risk.

10.5 Damage caused by participants
If you rent or borrow equipment from Salty Cosmos, you will sign an item list upon receipt. You will be charged for any missing or damaged materials at program completion. Applicable prices are listed on the item list.

10.6 Limitation
The limitation of liability formulated in Section 10 does not apply to damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by Salty Cosmos, a legal representative or a vicarious agent of Salty Cosmos.
11. Insurance
Accident insurance is the responsibility of the participants. It is recommended that you take out rescue and recovery insurance. Costs resulting from a medical emergency or accident will be borne by you.
12. Exclusion of participants
Salty Cosmos is entitled to exclude participants from programs at any time if

a. it turns out that the registration was based on false information
b. the participation requirements are not met
c. the person is intoxicated or under the influence of medication or drugs
d. the equipment listed in the program announcement is not available or is defective
e. the person arrives late at the agreed meeting point
f. they endanger themselves or other people through their behavior
g. they threaten or harass other people
h. they make racist, sexist or homophobic comments

In all cases there is no entitlement to a price reduction or refund.
13. Cancellation costs
13.1 Withdrawal from the contract by the customer
If you cancel a booked program, you will be charged the following cancellation costs:

  • Day or weekend courses or trips: From receipt of booking until 14 days before the start of the program: 50% of the program costs, then 100%.
  • All programs 3-8 days Duration: From receipt of booking to 30 days before the start of the program: 50% of the program costs, then 100%.
  • All programs 9 days and longer: From receipt of booking until 45 days before the start of the program: 50% of the program costs, then 100%.

To avoid these costs, we recommend taking out travel cancellation insurance.

13.2 Replacement persons instead of cancellation costs
If you have to cancel a booked program, you are free to suggest a replacement person to us. This must meet the minimum requirements for the program in question. Salty Cosmos is not obliged to accept the proposed person. If Salty Cosmos accepts the proposed replacement person and this results in the conclusion of a contract, you will be waived the cancellation costs.

13.3 No entitlement to a price reduction
Program participants are not entitled to a price reduction or reimbursement for:

A. Non-appearance
B. late arrival
C. leaving a program prematurely
D. Illness or temporary malaise
14.1 Cancellation of the program: force majeure
If the conditions for the safe implementation of a program are not met due to natural disasters, pandemics, political unrest, storms or other crisis situations, Salty Cosmos is entitled to cancel, postpone or otherwise change it at any time. If an alternative program is suggested, you are not obliged to participate.

14.2 Refund if a program is canceled: force majeure
If the cancellation occurs up to 48 hours before the start of the program, you will receive a refund of all payments already made to Salty Cosmos. If safety-relevant deteriorations in the general conditions occur afterwards or during an ongoing program that make it necessary to change or terminate the program, you cannot assert any claims for reimbursement. Compensation payments from Salty Cosmos are categorically rejected. In no case will you be refunded by Salty Cosmos for payments already made to third parties, such as flights, train tickets, hotel or campsite reservations, etc.

14.3 Cancellation of the program: Illness of the guide
If a guide is unable to carry out a program due to illness or has to cancel a program that has been started, Salty Cosmos will endeavor to organize a replacement. If this is not possible, participants in the program have the opportunity to request a refund.

1. If the entire program is canceled: full costs
2. If a program is partially canceled: the days not worked due to illness

14.4 Cancellation of a program if there are too few registrations
If the minimum number of participants communicated in the program announcement is not reached, Salty Cosmos is entitled to cancel the program in question in advance. The deadlines for this are:

1. One to two day programs: up to 14 days before the start of the program
2. Three to six day programs: up to 30 days before the start of the program
3. All longer programs: up to 45 days before the start of the program

In this case, payments already made to Salty Cosmos will be refunded in full. Further claims for compensation are excluded. This also includes payments already made to third parties. If a program is canceled due to a lack of registrations, Salty Cosmos can recommend an alternative program. You are not obliged to accept this.
15. Use of staff
15.1 Employees
Salty Cosmos only employs carefully selected and well-trained employees who have the necessary permits.

15.2 Involvement of third parties
Salty Cosmos may use third parties (e.g. suppliers, subcontractors) to provide its services. It remains responsible for the contractual provision of services by the third parties involved.
16. Photos, video material
Salty Cosmos reserves the right to use photos and videos created within programs on its homepage or in social media. Participants have the opportunity to speak out against this approach in writing.
17. Data protection and data security
The parties undertake to comply with the provisions of Swiss data protection legislation and to effectively protect the data generated in the course of contract processing against unauthorized access by third parties.
18. Final provisions
Severability clause
Should a provision of these General Terms and Conditions be or become invalid, their effectiveness will not be affected. The invalid provision will be replaced by an effective provision that comes as close as possible to the purpose of the invalid provision. The same applies to any gaps.

Place of jurisdiction
The place of jurisdiction is Bern. Swiss law applies.

Last changes: February 6, 2024
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