The following conditions regulate the legal relations between you (hereinafter referred to as the client) and Creative Switzerland, concerning creative activities arrangements or other services provided by Creative Switzerland.
1. Rates and Terms of Payment
The creative activity price per person (hereafter “creative activity price”) is stated the price list in Swiss francs. The contracted creative activities provided by Creative Switzerland shall be exclusively in accordance with the creative activities described in the creative activity confirmation. The prices may vary depending on the wishes and requirements of the client.
We shall assume no liability for any services subsequently added by other parties. Unless otherwise stated, all prices are quoted net and in Swiss Francs CHF. The creative activity price is due at the time of booking.
2. Changes in Creative Activity Prices or Services
Amendment before the conclusion of contract Creative Switzerland shall assume no responsibility for amendments to the creative activity resulting from circumstances beyond our control, measures taken by official authorities, and delays by third parties. However, Creative Switzerland shall make every effort to inform the client as early as possible of any amendments to the creative activity.
Creative Switzerland reserves the right to change the creative activity price according to the price list or the agreed creative activity price, respectively, in case of extraordinary circumstances.
Extraordinary circumstances are in particular:
– changes in the rates of third-party providers, e.g. creative activity providers
– newly introduced or raised taxes, charges or fees
Changes in creative activity prices in case of extraordinary circumstances are communicated 3 weeks prior to the Tour start at the latest. If the difference between the new and the initial creative activity price exceeds 10%, the client is entitled either to withdraw from the contract upon written notice within 5 days after communication of the change in creative activity prices against full refund of any creative activity prices already paid or to book an alternative creative activity of Creative Switzerland in the value of the initially booked creative activity without any rebooking fee. Further compensation for damages is excluded.
The full creative activity price or balance shall be paid before commencement of the creative activity. In the event of payment not being received by the agreed date, we reserve the right not to provide the services and to claim cancellation costs in accordance with below-mentioned cancellation costs. In the event of any creative activity being booked less than 28 days before the date of the creative activity, the entire amount shall be paid upon receipt of our confirmation.
The client may cancel any creative activity before the activity date. In such an event, Creative Switzerland must receive the cancellation in writing before the said date.
4.1 Cancellation costs
The following cancellation fees shall apply:
– 31 days and more, 20% of the total confirmed creative activity price. 80% refunded.
– 30–10 days before creative activity date, 80% of the total confirmed creative activity price. 20% refunded.
– 9–0 days before creative activity date, 100% of the total confirmed creative activity price.
5.1 Limitation of Creative Switzerland’s Liability
The Client undertakes all creative activities at her/his own risk. Any liability of Creative Switzerland is limited to the creative activity price as well as any direct damages caused willfully or by gross negligence by Creative Switzerland. Creative Switzerland’s liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. Creative Switzerland does not assume any liability in case of non-fulfilment of contractual obligations that result from omissions or contract violation by the client. In case of cancellation of a creative activity, Creative Switzerland is only liable for the refund of the creative activity price if no alternative creative activity is offered. Creative Switzerland does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.
5.2 Exclusion of Liability for Offers of Third-party Providers and in Case of Force Majeure
Creative Switzerland does not assume any liability for the offers and services of third-party providers nor does Creative Switzerland assume any liability for damages based on circumstances that are beyond Creative Switzerland’s control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. The client undertakes to claim any damages directly from the third-party provider.
5.3 Client’s Liability
All creative activities for which Creative Switzerland acts as an agent and which are carried out by third-party providers or are organized and/or carried out by the client herself/himself incur at client’s own risk. Creative Switzerland is not liable for the consequences of any accident. Creative Switzerland expects from each client a considerable degree of personal responsibility. The client only participates in creative activities that are compatible with her/his physical condition, her/his health and physical efficiency. The client is responsible for an adequate equipment (clothing, footwear, sun protection, etc.).
In the event of the client suffering harm or damages or the creative activity not corresponding with the contracted agreement, the client shall be both entitled and obliged to inform the service provider immediately and request redress. The service provider shall be obliged to provide assistance within a reasonable time. Should such assistance prove impossible or inadequate, the client shall be required to obtain from the service provider in question written confirmation of the harm or damage suffered and the lack or inadequacy of the assistance provided. The service provider in question shall be obliged to furnish such confirmation but shall not be authorized to approve any such demands for damage or compensation.
5.5 Deadline for the Assertion of Claims
Client’s claims towards Creative Switzerland due to non-fulfilment or fulfilment not in accordance with the contract must be asserted within 30 days after the contractually agreed creative activity date in writing with a detailed explanation of the claims. A complaint vis-à-vis the creative activity provider is not sufficient. Claims received by Creative Switzerland after the expiry of this deadline cannot be accepted anymore, except if the client proves that she/he was faultlessly prevented from meeting such deadline.
The liability of creative activities providers is limited. Creative Switzerland recommends the client to arrange for appropriate supplementary insurance cover (for example luggage, cancellations, accidents, illness, and possible repatriation costs). The all-inclusive prices quoted by Creative Switzerland include no insurance cover. Entry, visa and health regulations Creative Switzerland shall not be responsible for the issuing or prolongation of any travel documents and visas. In the event of a cancellation due to the non-receipt or late receipt of a travel document, the Cancellation conditions shall apply.
7. Data Protection
Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Federal Government (Data Protection Act, DSG), every person is entitled to protection of their privacy and to protection against misuse of their personal data. Creative Switzerland complies with these terms.
In close cooperation with the hosting providers, Creative Switzerland endeavors to protect the databases as far as possible against unauthorized access, loss, misuse or counterfeiting.
When accessing the web page, the following data is stored in log files: IP address, date, time, browser request and general transmitted information about the operating system resp. Browser. These usage data form the basis for statistical, anonymous evaluations, so that trends can be identified, with which we can improve the offers accordingly.
The client agrees that her/his data: client’s name, address, telephone number, birth date, nationality and gender, are collected by Creative Switzerland for the carrying out of certain creative activities according to the contract.
Creative Switzerland uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to Creative Switzerland, and you do so at your own risk. Once we receive your transmission of information, Creative Switzerland makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Creative Switzerland learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Creative Switzerland may post a notice through the Service if a security breach occurs.
In principle, the data is stored in Switzerland. However, Creative Switzerland works or may work with various cloud providers, and it cannot be excluded that data is stored in the USA, being said that Creative Switzerland only uses providers that are participants in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union and Switzerland, respectively.
You acknowledge and agree that Creative Switzerland may at any time change the location of the data, provided such data is hosted in Europe, in Switzerland or with a provider that is participating in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union and Switzerland, respectively.
client consents to the processing of data about the client by Google in the manner and for the purposes set out above.
9. Applicable Law and Place of Jurisdiction
Swiss law shall apply to the legal relationship between the client and Creative Switzerland (with the exclusion of conflict of law rules). In the event of any legal action against Creative Switzerland, notice of such action shall be submitted only to the head office of Creative Switzerland in Zürich, Switzerland.
Place of jurisdiction is Zürich, Switzerland. November 2018
10. Amendments to these Terms and Conditions
Creative Switzerland may amend these Terms and Conditions at any time. Such amendments are legally binding upon notice to the client or publication on https://www.creative-switzerland.com/
11. Creative Switzerland Contact Information
Please contact Creative Switzerland with any questions or comments about the Terms and Conditions, your personally identifiable information, our use and disclosure practices, or your consent choices by email: email@example.com