1. General
Musiq is an event organization and a tour operator.These General Terms and Conditions ("GTC") are the basis for the use of the website and for the use of services, such as in particular the booking of group travel via the booking system. By clicking on the checkbox: "I have read and accepted the General Terms and Conditions", the customer declares to acknowledge and comply with the GTC's.
1.1 Booking and confirmation
With your registration you offer us the conclusion of a binding travel contract. The registration is also binding for the other participants identified by you in the order, for whose contractual obligations you are also responsible. The contract is concluded with the booking in our system. You will receive a written confirmation or invoice from us via email.
2. Payment
You have the following different options to make a booking.
2.1 Payment with credit card
When paying by credit card, the entire tour price plus a processing fee will be charged to the credit card.
2.2 Payment via PayPal
When paying via PayPal, the entire tour price will be debited from your PayPal account. Partial payments are not possible with this payment method.
2.3 Payment by instant bank transfer
When paying by instant bank transfer, the entire travel price will be debited from your account.
3. Travel program and services
The scope of the contractual services results from the service description of the website as well as from the corresponding information in the travel confirmation. We expressly point out that with regard to the parties listed in the application, we reserve the right to make changes with regard to the DJs, the time and the locations.
4. service and price changes
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by us contrary to good faith, are permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective.
We reserve the right to change the advertised prices confirmed with the booking in the event of an increase in transport costs or charges for certain services, such as airport taxes, any increases in the price of kerosene or a change in the exchange rates applicable to the trip in question, to the extent that their increase per person or per seat affects the price of the trip, provided that there are more than 5 working days between the conclusion of the contract and the agreed date of travel.
In the event of a subsequent change in the travel price or a change in an essential travel service, we will inform you immediately, but no later than 5 working days before departure. Price increases after this date are not permitted. In the event of price increases of more than 5% or in the event of a significant change to an essential travel service, you are entitled to withdraw from the travel contract without charge. Please assert the aforementioned rights in writing to us immediately after our declaration of the price increase or change in the travel service. This does not apply to changes in the program that are due to governmental, official or religious regulations of the destination country.
5. withdrawal of the customer, written form
5.1.
withdrawal
If you withdraw from the travel contract or do not start the trip, we can demand compensation for the travel arrangements made and our expenses. Our claim for compensation is lump-sum, taking into account the usually saved expenses and possible other use. The amount of the compensation claim can be found in section 18 of these travel conditions.
5.2.
Written form
Cancellation, rebooking and change declarations are in principle possible informally, but should in any case be made in writing in your interest for reasons of proof.
6. services not used
If you do not make use of individual travel services as a result of an early return journey or for other compelling reasons, we shall endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement is contrary to legal or official regulations.
7. withdrawal and termination by the tour operator
We can withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases:
a) without observing a period of notice if the traveller persistently disturbs the performance of the tour despite our warning or if he/she behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. If we terminate the contract, we retain the right to the tour price; however, we must take into account the value of the saved expenses as well as the advantages we gain from using the unused services for other purposes, including the amounts credited to us by the service providers;
b) up to two weeks before the start of the journey, if the advertised or officially specified minimum number of participants is not reached. The minimum number of participants for group travel with SWISS, Lufthansa and Austrian Ariline is 10 passengers. In any case, we are obliged to inform you immediately after the occurrence of the precondition for the non-implementation of the trip and to send you the cancellation notice without delay. You will be refunded the paid travel price without delay. If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, we will inform you of this;
c) up to four weeks before the start of the trip if, after exhausting all possibilities, it is not reasonable for us to carry out the trip because the number of bookings for this trip is so low that the costs incurred by us in the event of carrying out the trip would mean exceeding the economic sacrifice limit in relation to this trip, unless we are responsible for the reasons leading to this. If the tour is cancelled for this reason, you will be refunded the paid tour price without delay.
8. cancellation of the contract due to force majeure
If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both you and we may cancel the contract. This is based on an express travel warning issued by the Swiss Foreign Office. If the contract is terminated, we may demand reasonable compensation for the travel services already provided or still to be provided to complete the trip.
We are obliged to take the necessary measures, in particular, if the contract includes return transport, to transport you back. You and we shall each bear half of the additional costs for the return transport. Otherwise, the additional costs shall be borne by you.
9 Liability of the tour operator
9.1.
Our own services
We are liable within the scope of the duty of care of a prudent businessman for:
- the conscientious preparation of the journey;
- the careful selection and monitoring of service providers;
- the accuracy of the description of all travel services specified, unless we have declared a change in the details prior to the conclusion of the contract in accordance with Clause 3, but not for the details in local, hotel or other brochures not published by us, which have been issued by our booking offices or are enclosed with your travel documents;
- the proper provision of the contractually agreed travel services.
9.2.
Fulfilment agents
We shall be liable for any fault on the part of the persons entrusted with the provision of the service.
9.3.
Third-party services
If scheduled transport is provided as part of or in addition to a trip and you are issued with a corresponding transport pass for this purpose, we shall provide third-party services in this respect, provided that we expressly refer to this in the travel description. We are therefore not liable for the provision of the transport service itself. Any liability in this case is governed by the transport regulations of these companies, to which you will be expressly informed and which we will make available to you on request. We are also not liable for service disruptions in connection with other services that are merely arranged as third-party services (e.g. congresses, concerts, sporting, theatre events, excursions) and which are also expressly identified as third-party services in the travel brochure.
Some transfers, unless expressly included in the tour description, are not part of the tour and will be organised by us using means typical for the country (e.g. shared taxis without seat belts or motor boats). The tour participant may use the means of transport organised by us. In this case, only the transport company (e.g. taxi operator) is the contractual partner. Any liability on our part for damages incurred by such transfers is excluded. Any claims for damages are to be directed against the respective transport operator.
10. Warranty
10.1.
Remedies and cooperation obligations
If the tour is not provided in accordance with the contract, you can demand redress. This requires your cooperation - irrespective of our primary obligation to perform. You are therefore obliged to do everything you can reasonably be expected to do to help remedy the fault and to minimise or completely avoid any damage that may arise. We can refuse the remedy if it requires disproportionate effort. In particular, you are obliged to report your complaints immediately. To do so, please first contact our local representatives in the destination area (see travel documents). If the travel documents do not contain any reference to a local representative, please contact us directly!
You can reach us at the telephone number shown at the end of these travel conditions during normal business hours. Or send us an e-mail or fax. In any case, please state the travel number, destination and travel dates stated in the documents.
10.2.
Reduction in the price of the trip
You can demand a corresponding reduction of the tour price for the duration of the tour if it is not provided in accordance with the contract (reduction). The reduction does not apply if you have culpably failed to report the defect.
10.3.
Termination of contract
If the trip is considerably impaired as a result of a defect and we do not provide a remedy within a reasonable period of time, although you have requested this, you may terminate the travel contract within the framework of the statutory provisions.
10.4.
Compensation
Without prejudice to reduction or termination, you may claim damages for non-performance unless the defect in the tour is due to a circumstance for which we are not responsible.
11. passport, visa, customs, foreign exchange and health regulations
We are responsible for informing nationals of the country in which the tour is offered about passport, visa and health regulations and any changes to these before the start of the tour. For nationals of other countries, the relevant consulate will provide information.
We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, even if you have commissioned us to procure them, unless we are responsible for the delay.
You are responsible for complying with all regulations that are important for the implementation of the trip. All disadvantages arising from their non-compliance shall be borne by you, except if they are caused by our culpable misinformation or incorrect information.
12 Limitation of liability
12.1.
Contractual limitation of liability
Our contractual liability for damages that are not bodily injuries is limited to the travel price,
1. insofar as damage to the traveller has not been caused by us either intentionally or through gross negligence, or
2. insofar as we are responsible for damage incurred by the traveller solely due to the fault of a service provider.
12.2.
Limitation of liability in tort
Claims for damages against us in tort are limited to CHF 60,000 in the case of personal injury and to CHF 4,000 in the case of damage to property, provided that the damage was caused neither intentionally nor by gross negligence.
If the travel price exceeds CHF 2,666, liability is limited to the amount of the travel price. These maximum liability amounts apply per customer and trip.
12.3.
Legal limitation of liability
A claim for damages against us is limited or excluded to the extent that, on the basis of international agreements or statutory provisions based on such agreements which are applicable to the services to be provided by a service provider, a claim for damages against the service provider may only arise or be asserted under certain conditions or limitations or is excluded under certain conditions.
Insofar as we are the contractual air carrier, liability shall be governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara and the Montreal Convention.
These agreements generally limit the carrier's liability for death or personal injury and for loss of or damage to baggage. Where we are a service provider in other cases, we shall be liable in accordance with the provisions applicable to them.
If we have the position of a contractual shipowner in the case of shipping voyages, liability shall also be governed by the provisions of the Commercial Code and the Inland Navigation Act.
13 Exclusion of Claims and Statute of Limitations
Claims for non-contractual performance of the tour can be asserted against us within one month of the contractually agreed end of the tour. After expiry of the deadline, you can only assert claims if you were prevented from complying with the deadline through no fault of your own. In your own interest, you should assert the claims in writing.
Your claims under the travel contract are subject to a limitation period of six months. The limitation period begins on the day on which the trip should end according to the contract. If you have asserted claims, the limitation period is suspended until the day on which we reject the claims in writing. Claims arising from unlawful acts are subject to a limitation period of three years.
14. insurances
For your own safety, we recommend that you take out travel cancellation insurance in good time. In many cases, the RRV will reimburse you for most of the agreed cancellation costs if you have withdrawn from the trip for an important reason. Likewise, the additional return travel costs are reimbursed in the event of an early or late return journey.
15 Jurisdiction
The place of jurisdiction for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought, is the registered office of the organiser named at the end of the travel conditions.
16 Ineffectiveness of individual provisions
The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
17. Data protection
All personal data that you provide to us for the purpose of processing your trip is protected against misuse in accordance with the DSGVO.
18. flat-rate cancellation fee (cf. clause 5.1)
Please be sure to note any deviating details for the individual offer! All prices are per person, unless otherwise stated below!
Between 4 and 2 months prior to departure 50% of the tour price,
2 months to 1 month before departure 75%,
1 month to 1 week before departure 90%,
Less than 1 week prior to departure 100%.
in all cases at least CHF 50.
19. Prospectus information
This website was created in September 2021. By its very nature, the brochure / website can only provide the details of the travel arrangements that are fixed at this point in time, such as dates and departure times. Changes in this respect are possible and remain reserved. Therefore, only the content of the booking confirmation in connection with the booking and other legally valid agreements shall be authoritative with regard to dates, prices, travel times etc.
20. Personal data
The customer acknowledges and agrees that Musiq and its suppliers may obtain knowledge of personal data in connection with the provision and maintenance of the website and the provision of services. Musiq will use its best efforts to ensure confidentiality to the extent required by law and commercially reasonable.
21. Informations
Musiq makes every effort to ensure that the information provided on the website is complete, up-to-date and correct. However, Musiq cannot guarantee the correctness, completeness and up-to-dateness of the information on the website or for transmission errors and rejects any liability for resulting damage or inconvenience. The customer acknowledges that Musiq can in particular also accept no guarantee for the content of linked third-party websites and rejects any liability for this.
22. Rights to website and booking system
The website and the ticket system are protected by copyright and other laws. All rights thereto, including ownership and/or usage rights, are held by Musiq and/or its suppliers/licensors.
23. Changes to general terms and conditions
Musiq reserves the right to adapt and amend the GTC's at any time. Changes to the GTC's will be communicated to customers in an appropriate manner, in particular by publication on the website. Please therefore consult the website regularly.
24. Applicable law / place of jurisdiction
Swiss law is applicable. The courts at the respective registered office of Musiq or at the place of residence of the customer shall be competent to judge any disputes in connection with the use of the website or the use of services, at the discretion of Musiq.
Phone: +41794166526
E-Mail: info@musiqtrip.com
Terms updated on: 24.10.2023
