General Terms and Conditions of Contract

3.1.1 The leader is obliged to carry out their leadership work carefully in accordance with the currently applicable technical alpine standards. However, they cannot guarantee absolute safety. There remains a residual risk inherent in mountain sports. The guide must inform guests of this residual risk. 

3.1.2 The guide guarantees that he/she is qualified for the planned activity and has the appropriate RiskG licence. 

3.1.3 The guide guarantees that they will only involve other persons who are qualified for the planned activity and have a corresponding RiskG licence. 

3.1.4 Aspiring mountain guides must inform their guests of their status when concluding the contract. They guarantee that they will adhere to the rules of the RiskV and the requirements of the regulations on mountain guide training during their activities.

The guest bears personal responsibility in accordance with his/her knowledge and abilities. 

4.2 Acceptance of the residual risk The guest accepts the residual risk inherent in mountain sports, which exists even with careful guiding.

4.3.1 The guest is obliged to provide the service provider with information on all aspects relevant to the safe and successful realisation of the planned activity. This applies in particular to technical alpine skills, fitness and any health problems. 

4.3.2 If the service provider provides a detailed description of the requirements, guests are obliged to check carefully whether they fulfil these requirements. They are also obliged to inform the service provider of any problematic aspects as early as possible. 

During the mountaineering activity, the guest is obliged to strictly follow the safety-related instructions of the guide. They are also obliged to co-operate in accordance with their technical and physical abilities.

5.1.1 The guide shall have the legally required professional liability insurance with cover of at least CHF 5 million per claim. 

5.1.2 At the request of the guest, the service provider must provide proof of liability insurance. 

5.1.3 The guest is recommended to take out personal liability insurance that also covers mountain sports activities. 

The guest is recommended to take out cancellation insurance. 

5.3.1 The guest is responsible for taking out adequate health and accident insurance, which also covers search, rescue and repatriation costs. 

5.3.2 The guest is recommended to become a member of the Swiss Air-Rescue Rega.

6.1.1 If the agreed tour is impossible (weather, conditions, etc.), the service provider is entitled and obliged to offer the guest a substitute tour or an alternative mountaineering activity for the agreed period. 

6.1.2 If the guest agrees to the substitute tour or alternative activity, the service provider has the right to organise the substitute tour or alternative activity at the originally agreed fee. 

6.1.3 If the guest refuses the alternative tour or activity offered, the service provider may cancel the tour or activity in accordance with Clause 7.12 or cancel it in accordance with Clause 8.13. 

6.2.1 If the agreed tour area or the agreed course location is not accessible or not suitable (weather, conditions, etc.), the service provider is authorised and obliged to offer the guest an alternative tour area or an alternative course location for the agreed period. 

6.2.2 If the guest agrees to the alternative tour area or course location, the service provider has the right to carry out the activity at the originally agreed fee. Any cancellation costs in connection with the originally planned tour area or course location shall be borne by the guest. 

6.2.3 If the guest rejects the alternative tour area or course location, the service provider may cancel the activity in accordance with Clause 7.12

7.1.1 If the service provider has to cancel an agreed activity before it begins for a reason that lies within his personal sphere of risk (e.g. illness, accident, family events), no compensation is owed by either party. 

7.1.2 If the service provider has to cancel an agreed activity for a reason that lies outside his personal sphere of risk (e.g. bad weather, unfavourable conditions on the mountain, disrupted transport connections), and if the guest does not agree to the replacement offered (clauses 6.1, 6.2), the guest shall owe 100% of the fee for the agreed tour or course days. In addition, the guest shall bear the cancellation costs incurred for booked means of transport, accommodation, etc. 

If the guest cancels, he/she must bear the cancellation costs incurred in full (means of transport, accommodation, etc.) and pay the fee as follows: 

8.1.1 If the service provider has to cancel a one-day activity that has already begun for safety reasons (weather, conditions, excessive demands on the guest, etc.), the guest shall owe the full amount of the remuneration. 

8.1.2 If the service provider has to cancel a multi-day activity that has already begun for a reason that lies within the service provider's personal sphere of risk (e.g. illness, accident, family events), the guest shall owe the remuneration for the guiding work already performed, otherwise no compensation shall be owed by either party. In this case, any cancellation costs incurred for booked accommodation, means of transport, etc. shall be borne by the service provider. 

8.1.3 If the service provider has to cancel an activity lasting several days that has already begun for a reason that lies outside his personal sphere of risk (e.g. bad weather, unfavourable conditions on the mountain, disrupted transport connections) and the guest does not agree to the replacement offered (clauses 6.1, 6.2), the guest shall owe 100% of the fee for the agreed tour or course days. In addition, the guest shall bear the cancellation costs incurred for booked accommodation, means of transport, etc. 

8.1.4 If the service provider has to cancel an activity that has already begun because the guest violates his duty to provide information or cooperate or does not comply with the safety-related instructions of the guide (Sections 4.3, 4.4), the guest shall be liable to pay the full amount of the fee.

8.1.5 If the service provider has to cancel or interrupt an activity that has already begun in order to help mountaineers in distress, the guest shall also owe the remuneration for the time spent helping the third-party mountaineers. 

If the service provider has to have an evacuation carried out for safety reasons (severe weather, exhaustion of the guest, equipment breakage, etc.), the guest shall bear the full costs incurred as a result. Several guests must bear the costs in equal shares. 

8.3.1 If the guest cancels an activity that has already begun, he/she shall owe the service provider the full remuneration for the agreed days and shall bear all costs arising from the cancellation of accommodation, means of transport, etc.

9.1.1 In the case of engagements lasting several days, the service provider may provide for an interruption of one or two days for reasons that lie outside its personal sphere of risk (weather, conditions, etc.). An interruption shall only be considered if there is a good chance that the agreed activity can be continued afterwards. 

9.1.2 If the agreed activity is interrupted, the service provider must, if possible and reasonable, offer a replacement (clauses 6.1, 6.2). If the guest does not agree to the replacement offered, the guest shall owe 100% of the fee for the days of the interruption. In addition, the guest shall bear any cancellation costs for accommodation, transport, etc. 

If, in the case of an engagement lasting several days, a rest day is included at the guest's request, the guest shall owe the full fee.

10.1.1 The remuneration shall consist of the fee for the actual service (Clause 10.3), compensation for travelling time (Clause 10.4), ancillary costs (Clause 10.5) and possibly value added tax (Clause 10.6). 

10.1.12 The components of the remuneration may be listed individually or a lump sum may be agreed. 

10.2.1 The modalities for payment of the remuneration shall be specified by the service provider. 

10.2.2 If the service provider does not make any specifications, the guest must pay 50% of the total remuneration as a deposit before the planned activity, and the remaining 50% within 10 days of receipt of the invoice. The invoice may be issued in writing (e-mail, letter, etc.) or verbally. 

10.2.3 If the guest fails to make the down payment as agreed or as provided for in Clause 10.2.2, the service provider may withdraw from the contract without compensation.

The amount of the fee corresponds to what the contracting parties agree for the specific case. 

If there is no agreement on the amount of the fee, the guest shall owe the service provider a fee in the amount that is customary for the activity in question. The customary fee shall be based on the summit rate if such a rate is listed on the SBV website (Section 10.3.5). Otherwise, the customary fee shall be based on the standard rate for the daily fee (para. 10.3.3/10.3.4). 

The fee can be set as a daily fee. The amount of the daily fee is usually influenced by the duration of the entire assignment, the length and difficulty of the tours, the conditions in the terrain, the number of guests, the personal circumstances of the guests and the seasonal utilisation of the service provider. 

The guideline values of the SBV are merely recommendations. They are adjusted periodically and currently stand at CHF 500 for the services of a hiking guide

10.4.1 Travelling time refers to the time spent by the service provider 

10.4.2 The amount of compensation for travelling time corresponds to what the contracting parties agree for the specific case. 

10.4.3 If there is no agreement on compensation for travelling time, the guests owe the service provider the amounts listed below: 

For arrival and boarding on the previous day 

For departure and journey home the following day 

10.5.1 Expenses include the actual costs incurred for travelling to and from the event, for local transport (mountain railways, bus, taxi, etc.), for accommodation and catering (meals and drinks in hotels, restaurants and huts, tea on the march). 

10.5.2 Guests shall bear their own expenses. In addition, they owe the service provider compensation for his ancillary costs. 

10.5.3 The service provider shall charge CHF 0.70 per kilometre for the journey to and from the event if he arrives by private car. If travelling by public transport, the service provider shall charge the cost of a 2nd class ticket with a 1⁄2-Tax subscription. 

If the service provider is subject to VAT, VAT will be charged in addition to the fee and compensation for travelling time.

11.1.1 The Service Provider shall bear the costs for its own material and the jointly required material itself. 

11.1.2 The Service Provider shall provide the jointly required material in perfect condition at no additional cost to the Guest. 

11.2.1 The guest shall bear the costs for the material required by him personally. 

11.2.2 The service provider shall ensure that the guest is informed in detail in good time about the material he personally requires. 

11.2.3 The service provider may provide the guest with rental equipment. The Service Provider is responsible for ensuring that the rental equipment is in perfect condition. The guest must pay appropriate compensation for the rental equipment. If the amount of compensation is not specified, it shall correspond to the usual market values.

12.1 Swiss law shall apply, even if the order is fulfilled abroad or if the guest is domiciled abroad. 

12.2 The place of jurisdiction shall be determined by the domicile or registered office of the service provider. The ordinary courts shall have jurisdiction.

13.1.1 This special provision applies as long as a pandemic persists and there are pandemic-related legal requirements and restrictions. 13.1.2 Insofar as a special provision is provided for below, this shall take precedence over the normal GCI in Sections 1 to 12. 

13.2.1 The guest is obliged to pay the service provider a deposit of 50% of the agreed remuneration to confirm the booking. 

13.2.2 The booking is only binding from the time at which this deposit is received in the Service Provider's account. 

13.3.1 If a guest has to cancel because he is ill and has to go into isolation, because he has to go into quarantine as a result of contact with a sick person or because he cannot provide a certificate for the entire duration of the activity, the cancellation rule in Clause 7.2 shall apply. 

13.3.2 If a foreign guest is unable to travel to the location of the booked activity due to Covid-19 regulations of an official state authority, he/she shall owe the service provider 50% of the agreed remuneration. The service provider has the right to retain the deposit paid by the guest. In addition, the guest shall bear all costs resulting from the cancellation of accommodation, means of transport, etc. 

13.4.1 The service provider shall inform the guest in good time about the measures applicable due to the pandemic. If overnight stays in huts are planned, the service provider shall check before departure whether the guest fulfils all the requirements for a stay in the hut. 

If an activity has to be cancelled because the guest falls ill, the guest shall owe the entire fee for the agreed period.

These General Terms and Conditions of Contract are based on the General Terms and Conditions of Contract of the Swiss Mountain Guide Association (SBV).