From Davos (CH-7270) - To Bern Airport BRN (CH-3123)

DEFINITIONS

Company – ARATOURS SA, a public Swiss limited company, trading as AlpTransfer.com.

Operations Team – staff of the Company who provide administrative and operational support to the Company’s activities and act on the Company’s behalf and under its responsibility.

Driver – staff of the Company providing transfer services using a Company Vehicle.

Vehicle – car, minivan, minibus, bus or any other means of transport that is requested by the client, acknowledged and confirmed by the Company that will be used to provide the transfer services.

Client – a person who books transfer services of the Company for themselves or any other person.

Passenger – any person (major or minor), being transported by a Company’s Vehicle.

INFORMATION

The Company provides its services on the basis of the following Terms and Conditions. By placing a booking online, by phone or fax, the client affirms to have considered and accepted the present terms and conditions. The Company will not be held accountable for any errors or possible omissions if the Client does not properly get acknowledged with currently functioning regulations. In case of questions, concerns, or requiring assistance, the Client is encouraged to contact the Company by hotline or e-mail, so that the Operations Team might promptly address all those inquiries.

The Company reserves the right to alter the present Terms and Conditions at any time. Therefore, the Clients should refer to the latest version of the terms and conditions valid at the moment of processing the order and are published at the company’s website (www.alptransfer.com).

The Company shall endeavour to act in goodwill and make all efforts within its competence to ensure an enjoyable and safe journey, in full compliance with the Client’s expectations.

ONLINE BOOKING PROCEDURE

While submitting a booking through AlpTransfer’s website or its Partners, the Client is obliged to provide the Company with all the necessary information about the services to be provided, such as the name of each Passenger, dates and times, pick-up and drop-off, payment details and the information related to the subsequent payment of the requested services. Consequently, the Operations Team acknowledges its receipt as soon as possible through electronic means and will contact the Client to inquire on the modality of payment for the requested services. If there are any changes in the previously provided transfer details, it is the Client’s responsibility to contact the Company and request an acknowledgement of receipt of those modifications. All the notices sent by the Company require an acknowledgement of receipt.

The Company re-confirms each service 48 hours before the pick-up time. The Client must contact the Company in case of not receiving the re-confirmation to verify whether the reservation is in order or to report any inconsistencies to the Operations Team.

TRANSFER PRICE

Prices offered by the Company are inclusive of all applicable tolls and local taxes and do not have any hidden costs unless otherwise specified by the Client (additional stop / drop-off, waiting time, last-minute updates etc.) The price is quoted based on current rates and tariffs. The prices quoted to the Client at the time of reservation may subsequently be converted by virtue of the change in price determinants, such as the Swiss franc / Euro exchange rate, fuel costs, taxes or other mandatory government levies.

TRANSFER TIME ESTIMATION

Trip distance and time provided in the voucher are indicated for planning purposes only and may vary depending on but not limited by traffic jams, road blockages, weather conditions or any other incidents which are out of Company’s sphere of influence.

PAYMENT

The Company accepts all widely used payment methods, such as Credit Cards and bank transfers (at least 5 days prior to the pick-up date).

In the case of Credit Card payment, the Company will issue a secure online payment link visible only to the Client to process an online payment and to ensure the privacy of the Client’s personal data in full compliance with the relevant Data Privacy laws.

BOOKING CHANGES

Changes to the bookings must be submitted by e-mail, phone or fax, verified by the Operations team and acknowledged by e-mail.

The Client shall bear all modification costs resulting from requested booking changes or new additional services. Some examples are enumerated below:

• Additional stop, drop-off/pick-up: Please contact us for the exact additional rate.
• For each extra hour of waiting time: Please get in touch with us for the exact additional rate.
• Change in the actual number of Passengers that was not indicated by the Client and acknowledged by the Company in due time and form.
• Special rates shall apply to any requested service, which is not stated above.
• The Client can request up to three changes in already confirmed booking free of extra charge. For the fourth change: Please get in touch with us for the exact additional rate.
• Extra charges may be requested by the Company from the Client for last-minute booking changes. Changes requested by the Client 48 hours prior to the pickup time are generally accepted without such extra charges. The Company reserves the right to define the amount of such extra charges on a case-by-case basis.

All booking changes are subject to the Company’s availability of appropriate capacities. The client should not negotiate booking changes or cancellation requests with the drivers: only the Operations Team is entitled to process and acknowledge the booking changes requested by the client.

CANCELLATION

Free cancellation policy is applied to groups of 1-8 Passengers if the cancellation request is made 48 hours prior to the pickup time while charging the Client the bank fee of CHF 25.-. The company reserves the right to cancel a booking without a refund if the cancellation is requested less than 48 hours before the pickup time.

Booking cancellations for large groups (more than 9 Passengers) are free only if the cancellation is requested 72 hours before the pick-up time while charging the Client the bank fee of CHF 25.-. The company reserves the right to cancel a booking without a refund if the cancellation is requested less than 72 hours before the pickup time.

During special events and the hosting of International events, any cancellation for a group transfer reservation must be made at least 30 days before the pick-up date.

The cancellation policy does not apply to “Non-Refundable” bookings. Any cancelation/amendments are not accepted for “Non-Refundable” bookings.

Any cancellations requested over the phone or e-mail are effective only once acknowledged by the Operations Team by e-mail.

The Company can provide an invoice for all canceled “Non-Refundable” bookings so the Client can use it for claims addressed to the Tour Operator, Airline, or Travel Insurance Provider.

LAST MINUTE BOOKINGS

Depending on the routes and the season, the Company can accept bookings from 0 to 48 hours before the pick-up time. The Company reserves the right to refuse the processing of last-minute bookings without explanations.

TRANSFER CHANGES AND CANCELLATIONS BY THE COMPANY

In case of force majeure situations, the Company reserves the right to cancel or import changes to the booking. These include war, epidemics, natural disasters, military operations, etc., as well as delays and deviations caused by weather conditions (heavy rains, thunderstorms, fires, etc.) or public services (changes in the schedule of air transport and railway). The list is not exhaustive.

In rare cases, if the Company or Operations Team has to cancel the booking, the Company notifies the Client as soon as possible and refunds all the monies received in full.

CHILD PRICING AND SEATS

All children and infants regardless of age should be included in the total number of Passengers while making a booking.

Child seats are provided by the Company free of charge. The Client bears the obligation to inform the Company about the age and number of travelling children so that the Company might provide proper child seat (-s). If the Client wishes to use his own child seat, they must inform the Operations Team about it to ensure that the vehicle provided can accommodate the aforementioned seat (-s).

LUGGAGE

One Passenger can have 1 medium luggage bag, 1 small luggage bag and 1 ski or a snowboard bag. In the cases when the Client has additional luggage, the Operations Team must be notified in advance to enable a more suitable Vehicle to be provided, should that be necessary. Acceptable luggage sizes can be consulted below:

• Small_ 55cm x 40cm x 23cm
• Medium_ 70cm x 45cm x 25cm
• Large_ 80cm x 50cm x 30cm

Alternative Vehicle Provision for Luggage Accommodation

The Company reserves the right to substitute a larger Vehicle or adjust the luggage capacity of the originally booked Vehicle to accommodate the additional luggage, as requested and paid for with a trailer. In such cases, no refund will be issued for the trailer fee, provided the substituted arrangements meet the required luggage capacity.

DELAYED / CANCELLED FLIGHTS

The Operations Team constantly monitors the flights online, and in case of late departure or flight delay, the pickup time will automatically be adjusted in accordance with the latest information on the flight’s status. However, if the flight is delayed for more than an hour, the Company reserves the right to release the Driver and put the Client’s booking on hold until another Driver becomes available within a reasonable time.

Whenever the flight is cancelled, the Company reserves the right to release the Driver and claim full payment from the Client. In such cases, the Company shall provide an invoice that can be used to claim respective reimbursement from the tour operator, airline or travel insurance provider.

CONTACT PROCEDURE / WAITING TIME / NO-SHOWS

Company’s emergency hotline number can be found in the lower part of each voucher: the Company strongly advises to contact the Operations Team using this hotline in case of any delays, cancellations or another event that might be relevant to the booking in order to receive appropriate instructions on the recommended course of actions.

Free waiting time at the airports is up to 60 minutes and starts at the moment when the plane is scheduled to land, unless an exact pickup time is mentioned by the Client. In case of an exact pickup time is mentioned - the free waiting time starts from therefrom. Once the free waiting time has elapsed, the Driver can be released or the waiting time can be extended for an extra charge. Extra waiting time can be added only based on Client’s request and confirmation of Driver’s availability by the Operations team.

In the case of non-airport pickups, the free waiting time is 15 minutes and starts from the confirmed pick-up time.

The Client shall contact the Operations Team if it has become impossible to locate the Driver at the agreed pick-up place, or if he is delayed in Border control, Customs, longer than presumed luggage collection or at lost luggage.

If the Client fails to duly contact the Operations Team and inform about such delays, then once the free waiting time as per pickup locations mentioned above is elapsed, the booking shall be considered a “no-show”. In case of “no-show” Client accepts to pay the full cost of the booked service.

VEHICLE & UPGRADES

All Vehicle images are for illustration purposes only.

The Client can consult some of the Vehicles under the section “Fleet” at the Company’s website (www.alptransfer.com).

For 9+ Passenger transfers, the Company may use two or more Vehicles in the cases when the requested Vehicle does not correspond to the booking parameters, namely if the luggage cannot be transported in a safe manner and/or if there are no more available Vehicles of the requested class.

The Vehicles provided by the Company are subject to availability and may be of a different colour scheme than the Vehicle demonstrated on the website unless otherwise confirmed by the Company in the voucher. Should the booked Vehicle become unavailable, the Company shall provide the Client with a replacement Vehicle of the same class category or, if no such Vehicle is available, shall upgrade the Vehicle class free of charge.

COMPANY'S LIABILITY

If the Company fails to comply with these terms and conditions, it shall in no case be liable for loss of profits or commercial opportunity and is only liable for direct damages caused to the client. Such direct damages shall be limited by the price of the transfer service and are calculated on a case by case basis taking into account, but not limited by the contributory fault of the Client, actions of third parties out of Company’s sphere of influence, negligence or misconduct of Drivers etc.

The Company shall not be liable for the missed flights or connections that result from bad weather conditions, traffic jams, road accidents or actions of third parties unless the aforementioned is not the direct result of Company’s negligence or misconduct.

If the Company fails to deliver the Client to the confirmed destination because of its fault, the Company shall provide an alternative method of transportation (coach, train, private car, taxi etc.). Any fee supported by the Company to cover such alternative method of transportation shall not exceed the costs of arriving at the confirmed destination by taxi.

In case of extremely adverse weather conditions and only when there exists a substantial risk to life or health of the Clients and/or Driver, the Company can provide other options of transportation to the Client. The Company reserves the exclusive right to take such decisions.

CLIENT'S LIABILITY

The Client is solely responsible for the accuracy of the provided transfer details. Such as exact pickup/drop off address, available phone number during the travel, age of children travelling, the number of pieces of luggage and their size. If they do not correspond to the measurements provided in the luggage section of these terms and conditions, then you need to inform us immediately. Parents or chaperons (or friends over 18 years ) of children and adolescents under the age of 18 years are responsible for the conduct of the minors while in the Company’s vehicles and shall take responsibility for any damage caused by the aforementioned minors. All Passengers in all vehicles must fasten their seat belts. In case of an accident, the Company’s liability is limited to the conditions of its insurance contract. Smoking and consumption of alcohol/spirits are strictly prohibited in the Company’s vehicles.

It is your responsibility to provide full and correct information while making a booking and notify the Company in case of any alterations to the details, that you have previously provided. Hereby you authorise that the Company is entitled to charge the card for any damage incurred during the transfer by your fault.

FORCE MAJEURE

The Company shall not be liable for any delays, changes or service cancellations due to force majeure, or to other circumstances that are unforeseeable or beyond the service provider control, such as accidents suffered by the third parties on the transfer route, police checkpoints, acts of terrorism, extreme weather conditions etc.

APPLICABLE LAW, DISPUTE SETTLEMENT AND LEGAL VENUE

The Swiss legal system shall apply to the present Terms and Conditions.

In the event of a dispute, the Company and the Client shall endeavour to seek an amicable and faithful resolution. Shall the Parties fail to reach such a resolution; the dispute shall be brought before an independent mediator. Shall the Parties fail to reach a resolution with the help of the mediator; the Company, as well as the Client, shall reserve the right to submit the conflict for resolution by a formal litigation process. By accepting the present Terms and Conditions, the Client accepts that the legal venue is Fribourg, Switzerland, before the Court of First Instance.

COMPLAINTS

The Company is constantly seeking to increase the quality of the services provided, in this perspective, the Company strongly encourages each Client to inform the Company of any inconveniences encountered during the transfers. This can be done either by e-mail or fax or by completing the special “Feedback and Complaints” form, which can be found under Contact Us section of the Company’s website: www.alptransfer.com/contact-us.

MAIN LANGUAGE

The present Terms and Conditions are drafted in English and translated to other working languages of the Company (French, German and Russian). For legal purposes, the text in English is given priority of interpretation.