General Terms and Conditions (GTC)
These general conditions (hereafter "GTC") govern all contractual relationships (hereafter "reservations") between Wild Valley SAGL and the customer. If the different language versions of the documents are not consistent with each other, the Italian language version shall prevail. These GTC supersede all previous existing versions of the GTC.
2. Service Descriptions
Wild Valley SAGL engages in the operation of tourist hostels, vacation homes and lodging in general for tourism, the management of tourist huts and the operation of tourist Info Points as well as the exercise of any other activity in the field of tourism in relation to the reception of guests. It may participate in other companies engaged in a similar activity as well as any other activity related directly or indirectly to the corporate purpose.
However, it is not possible to guarantee a service totally free from interruptions or disruptions, particularly in the event of force majeure (avalanches, floods, war, unpredictable orders of the authorities, etc.), or in the event of any other unforeseeable events. The specific product information contains the details and conditions of the services provided by Wild Valley SAGL. Information on available services can be obtained at any time from the Wild Valley SAGL website (www.WildValley.ch) or from customer service at +41 (0)91 797 1000. The information provided on the availability of services is always indicative in nature. The customer acknowledges that he/she will only be able to use Wild Valley SAGL services if the contractual and technical requirements have been met. Wild Valley SAGL has the right to adjust or discontinue its services at any time, without prior notice. By using a service proposed or procured by Wild Valley SAGL, the customer accepts the conditions in force.
3. Special obligations of the customer
The customer is obliged to use the provided services in a manner consistent with legal and contractual obligations. The customer is responsible for the use of the services offered by Wild Valley SAGL even if it was carried out by a third party. The customer is also responsible for the furniture and equipment used, including accessories.
4. Prices and terms of payment
Prices and terms of payment for services are defined in the current price list or by quotation. Wild Valley SAGL may change prices at any time, with notice, and will notify the customer appropriately 6 months in advance. Wild Valley SAGL may make entering into a contract to provide services subject to credit limits, payment of advances, or guarantees. If there are well-founded doubts that the customer is not meeting its payment obligations resulting from the contract, Wild Valley SAGL may--after due reminders--restrict without compensation the services or terminate the subscription contract with immediate effect. Pricing information can be obtained at www.WildValley.ch, via +41 (0)91 797 1000. Flat-rate products are provided to the customer for private respectively normal professional use. If the customer exceeds normal private use, Wild Valley SAGL reserves the right to take appropriate measures to ensure optimal service quality towards all customers.
Wild Valley SAGL's offers are made only in writing. Offers are valid for a period of 10 days unless otherwise stated in them. Orders may be communicated by telephone, in writing or by e-mail. They are binding only once confirmed. Confirmation of the order is decisive for the scope and execution of the delivery. Deviations from the customer's order must be communicated immediately to Wild Valley SAGL. Delivery dates are only approximate unless expressly assured in writing. Data are given conscientiously, but without guarantee.
Delivery depends on the availability of the products from the respective manufacturers. Should delivery be more than one calendar month behind the date stated in the order confirmation or delivery terms, the customer has the right to revoke the order for the delayed products. In this case, the customer waives all further claims against Wild Valley SAGL. Unless other payment terms are agreed upon, payment of invoices must be made at the time of check-in. Invoices not disputed by the customer within this period are considered accepted. Debits made by Wild Valley SAGL to customers' accounts in the event of late payment by the customer, Wild Valley SAGL has the right to engage a collection agency to collect the unpaid amounts and to sell the debts to third parties in Switzerland and abroad. For each reminder, Wild Valley SAGL may charge the customer a late fee of at least CHF 30. In addition, the customer agrees to reimburse Wild Valley SAGL or the third party collection agents for all expenses generated by the late payment.
Wild Valley SAGL is authorized to request a prepayment to secure the reservation. If an advance payment is requested, it must be made by the stated due date.
5. Customer data
As part of the conclusion and during the term of the contract for subscription, services, maintenance, and thereafter, Wild Valley SAGL shall have the strictest confidentiality and professional secrecy of business data.
6. Confidential Information
"Confidential Information" means any technical, commercial, business or other information that has been communicated or is communicated by one Party to the other by any means, including but not limited to information transmitted visually, by demonstration, orally, electronically in writing, or by means of other tangible media (such as documents, drawings, specifications, procedures, software, samples, prototypes, materials, and products), and all reproductions and copies thereof, whether or not marked "Confidential," and whether or not protectable or protected by patents, copyrights, or other intellectual or industrial property rights. "Confidential Information" will not include any information that the Receiving Party is able to demonstrate was in the public domain at the time of entering into this Agreement. Confidential Information is being or will be disclosed, solely for the purpose of performing the obligations under this Contract. The Parties agree that Confidential Information disclosed by one Party to the other will remain the sole property of the disclosing Party. Nothing contained in this Agreement shall be construed as granting, or implying, any assignment, or license, or other disposition of rights with respect to the Confidential Information. The Receiving Party shall not, without the prior written consent of the other, disclose, divulge or otherwise communicate Confidential Information to any third party, or use such Confidential Information otherwise than for the purposes specified above. The Receiving Party shall protect the Confidential Information by guarding it with appropriate care for the purpose of avoiding disclosure of the same. The Receiving Party shall limit access to the Confidential Information only to those of its employees and/or consultants who need access to it for the purposes of this Agreement; provided, however, that the Receiving Party shall in any event be held liable under this Agreement for any breach of confidentiality obligations by its employees. The confidentiality obligations of the Parties, under this Contract. Shall continue until the Confidential Information becomes public knowledge without any breach by the Receiving Party however for a maximum period of time of three (3) years after the termination of the effects of this Contract.
7. Liability for Misuse
Customer shall be liable to Wild Valley SAGL for the use of the subscribed services and the rights thereto. In order to minimize the risks of misuse, access passwords, personal identification codes and any other similar protective measures must be kept confidential. The customer is required to keep such data safe and to observe all other recommended security measures.
8. Limitation of Liability
Wild Valley SAGL's liability for personal injury is unlimited. Wild Valley SAGL shall be liable in the event of damage to property or assets caused by willful misconduct or gross negligence to the extent that any fault is attributable to it. Wild Valley SAGL's liability in case of any other damage to property or assets caused by negligence is limited to an amount equivalent to the value of the services, but at most to an amount of chf 10,000-. Any other liability, particularly for indirect or consequential damages is, to the extent permitted by law, expressly excluded. Wild Valley SAGL's liability is solely limited to the scope of the appropriate use of its infrastructure and Services in accordance with the applicable product information. Wild Valley SAGL is not responsible for services and goods ordered from third parties and makes no warranties relating thereto even if Wild Valley SAGL performs third party debt collection. Safety measures and general restrictions prescribed by the relevant manufacturers must be scrupulously observed.
9. Intellectual Property Rights
Wild Valley SAGL grants the customer for the duration of the reservation a non-transferable and non-exclusive right to use the services. All intellectual property rights remain the property of Wild Valley SAGL or its licensors.
10. Duration of reservation and termination
The reservation becomes effective on the date of written confirmation by Wild Valley SAGL subject to the positive final result of the evaluation of its solvency. Wild Valley SAGL may reject a reservation if a requirement does not exist or ceases to exist.
Wild Valley SAGL has the right to discontinue all services and terminate a reservation without notice and without compensation if there is any doubt as to whether its services are being used in accordance with the law or the contract (e.g., in case of late payment, illegal or unethical use, unauthorized distribution of services to third parties, intention to host an unauthorized party, etc.).
11. Changes to the reservation
Wild Valley SAGL may change the product information as well as any other element of the reservation, including these cg, at any time and, in such a case, the customer will be informed in the appropriate manner. If the customer does not accept the changes that are unfavorable to him/her, he/she has the right to reject the changed services in writing within a period of 30 days after receipt of the notice. Any reservation change request issued by the customer is subject to the approval of Wild Valley SAGL and may be subject to certain conditions. Wild Valley SAGL will put accepted requests into effect at the beginning of the next billing cycle.
12. Transfer of Rights and Obligations
Any transfer of rights and obligations resulting from this reservation or distribution of services to third parties is subject to the prior written approval of Wild Valley SAGL. Such approval may be withheld by Wild Valley SAGL without stating reasons.
The responsibility for the selection, use and operation of the products lies fundamentally with the customer. The customer acknowledges that Wild Valley SAGL does not perform delivery checks on products supplied by manufacturers or suppliers. Wild Valley SAGL's warranty for products supplied by it is determined in every respect by the warranty provisions of the respective manufacturer or supplier. The customer expressly waives further warranty claims against Wild Valley SAGL and the manufacturer or supplier. Wild Valley SAGL undertakes on the other hand to assign to the customer any warranty claims against the manufacturer or supplier. The customer acknowledges that under the applicable warranty provisions the warranty, at the option of the respective manufacturer or supplier, is limited to the repair or replacement of the defective or imperfect product. Warranty is in any case excluded in case of non-compliance with the prescribed operating conditions and improper use of the products, insufficient maintenance, use of unauthorized parts or accessories, third-party modifications and repairs, and natural wear and tear. Warranty claims not covered by the manufacturer or supplier as well as additional costs caused by the customer, or services performed at the customer's request, are invoiced to the customer. If the error search does not take place, is carried out inadequately or afterwards has to be considered unjustified, this is carried out by Wild Valley SAGL at the customer's expense. The customer must follow the practice defined by the respective manufacturer or supplier for the processing of warranty claims.
14. Conditions of cancellation
The guest is obliged to notify Wild Valley SAGL in writing of all changes in the contract directly and as soon as possible.
Cancellation of the reservation and reduction of the number of participants or the duration of the stay must be made in writing by e-mail. This is considered to have taken place only when Wild Valley SAGL has issued a corresponding confirmation. In case of cancellation more than 30 days before arrival, 20% of the total amount is due. In case of cancellation within 30 days of arrival, 50% of the total amount is due. In case of cancellation within 10 days of arrival, 100% of the total amount is due. Cancellations up to 5 days after the reservation date are free of charge.
Cancellation insurance is recommended.
All ancillary agreements, changes, additions, and legally relevant statements must be in writing to be valid. Should individual provisions of these conditions be or become ineffective, this shall not affect the validity of the remaining provisions. Invalid provisions must be interpreted or replaced in such a way that they come as close as possible in a valid way to the economic purpose aimed at by this contract. Customers are not permitted to assign rights or obligations arising from this reservation to third parties without the prior written consent of Wild Valley SAGL.
16. Conciliation, Applicable Law and Forum
The contract is subject to Swiss law. The place of jurisdiction is Locarno, Switzerland. Mandatory forums are reserved.
Auressio, March 2022