GENERAL TERMS AND CONDITIONS FALK TOURS AG

Services, Prices, Best Prices, Gross Prices, and Other Agreements:
The stated accommodation prices are per person per night (for rooms) or per unit per day (for vacation apartments) and include the agreed-upon services, including all taxes and fees. For age-dependent discounts, the age at the start of the trip is decisive. Any shortfalls from child discounts that are not due to incorrect age information must be collected directly from the guest by the contracting party. FALK TOURS AG is not liable for this. The parties are obliged to perform their services (Contractor – provision of accommodation, meals, additional services, etc., FALK TOURS AG – payment of the agreed fee, sending of the lists, etc.) in accordance with the present agreement. If different prices are agreed upon for two or more tour operators, the lowest prices apply for inquiries outside the agreed contingent. In case of doubt, the prices and conditions of the agreement with FALK TOURS AG as the intermediary apply. To ensure the saleability of the agreed contingent, the landlord guarantees not to offer any foreign customer equal or better prices and/or conditions than those given to FALK TOURS AG. In the event of a breach of contract, the landlord shall compensate FALK TOURS AG for the price difference between the prices undercut towards third parties and the fixed prices from this agreement for the duration of this agreement. The landlord is liable for the accuracy of the gross prices (private prices), if specified. If the landlord undercuts these gross prices, FALK TOURS AG is entitled to reduce the prices agreed on page 1 of this contract by the same percentage. No oral side agreements exist. Any subsequent changes (e.g., extension or return of contingents) must be in writing.

Operational Readiness and Safety Facilities:
The contract property must be in an operational, contemporary, clean, and orderly condition during the term of this agreement. The contracting party assures that all facilities of the contract object and its ancillary facilities (e.g., swimming pool, playgrounds, etc.) fully comply with all safety, hygiene, and cleanliness requirements, as well as all regulations of the authorities, and that adequate insurance coverage is in place for all risks associated with the use of the contract object and its facilities. This applies in particular, but not exclusively, to fire protection, accident prevention measures, and the proper condition of all installations, such as electricity, gas, etc. Safety-related instructions for guests will be provided in a commonly understandable language or with symbols. Complaints by the responsible authorities or by guests must be rectified immediately. The contracting party assumes full liability for any damages of any kind caused to a guest during the use of the contract object without the guest’s fault, regardless of existing insurance coverage. The contracting party confirms that the category of this contract house stated on the reverse side is correct and undertakes to comply with all categorization guidelines without charging any costs. If the category changes, the contracting party shall immediately (within 3 days of becoming aware) notify FALK TOURS AG, whereby a higher categorization is deemed agreed upon for the duration of the contract without an additional charge. In the event of a reduction in category, FALK TOURS AG is entitled to demand a price reduction or to terminate the agreement without cancellation costs.

Performance Disruptions
Rebooking: If, for reasons attributable to the contracting party, a guest is not accommodated as booked, the contracting party must immediately offer an equivalent replacement accommodation. FALK TOURS AG or the organizer is free to accept the offer or to find adequate replacement accommodation independently. All associated costs and other damages, including non-material damages, are the responsibility of the contracting party.Obligation to Inform: The contracting party is obliged to report any impairments in performance within the rental object (due to construction work, noise disturbances, etc.) as well as in the neighborhood (access problems, construction sites, etc.) to FALK TOURS AG in a timely manner, but no later than 2 days after becoming aware. Complaints and grievances from guests concerning the services from this contract must be immediately reported to FALK TOURS AG via fax, otherwise, the contracting party will be liable for all claims and their settlement towards customers/tour operators..

Force Majeure:
In cases of force majeure, the obligations of this contract affected by it shall cease. If it is not possible for the accommodation provider or the travel company to fulfill its contractual obligations, especially due to force majeure, the other party must be informed immediately by all available means to minimize the damage. Force majeure includes wars, uprisings, natural disasters, epidemics, etc. This also includes government measures as well as economic, political, and other circumstances that significantly reduce the public’s willingness to book or carry out trips to the mentioned destination. Force majeure also includes travel cancellations due to military actions in nearby regions (e.g., Balkans, Kosovo).

Deductions:
Monetary deductions or refunds made or requested by guests or organizers can be offset against the contracting party by FALK TOURS AG up to the amount of these deductions or refunds until the differences are clarified.

Damages:
The contracting party is fully liable for any damages of any kind (including non-material damages) arising from non-fulfillment of the contract, breach of contract, or other performance deficiencies. Additionally, the contracting party must indemnify and hold harmless FALK TOURS AG and its customers (tour operators) from any third-party claims arising from this.

Liability for Damages Caused by Third Parties:
Neither FALK TOURS AG nor its clients are responsible for damages caused to the contracting party by guests arranged or mediated by FALK TOURS AG and for the behavior of these guests.

Marketing, Sales Support Material:
FALK TOURS AG undertakes to include the rental object provided by the contracting party in its sales program. No responsibility can be derived for advertising material design and sales by FALK TOURS AG and/or tour operators. The landlord undertakes to support the marketing to the best of their ability

Contingent Management – Reservation System:
FALK TOURS AG will manage and handle all contracts closed on a procurement and intermediary basis in a central reservation system. This also includes the possibility of reallocating capacities that have not been booked by tour operators under the agreed conditions.

Reservation Processing:
FALK TOURS AG commits to submitting a provisional room list no later than the start of the agreed return period, which obliges the contract partner to guarantee the corresponding accommodation. If the room list has not arrived at the contract partner by the deadline (e.g., transmission error, delay, etc.), they must immediately notify FALK TOURS AG and request the list be resent. Room reservations, changes, or cancellations will be communicated to the contract partner by fax or telephone before or after the start of the agreed return period. Payment: The basis for the payment of agreed and rendered services is the receipt of the stay confirmation (such as customer voucher, signed room lists from the tour operators) at FALK TOURS AG. The payment itself will be made through the issuance of a credit note with an attached settlement check or bank transfer.

Payment Terms:
Stay Date of Guests Invoice to FALK TOURS TOURS Payment by FALK TOURS
1st to 7th of the month 15th of the month 7 days later
8th to 15th of the month 23rd of the month 7 days later
16th to 22nd of the month 30th of the month 7 days later
23rd to 31st of the month 8th of the following month 7 days later

Customer Protection – Payment to Third Parties:
The landlord agrees not to enter into direct or indirect business relationships with customers (tour operators) mediated by FALK TOURS AG without the written consent of FALK TOURS AG. In the event of a breach, the landlord is obliged to compensate FALK TOURS AG for damages as required by law and to refund at least a 10% commission of the sales price for any business transactions within the next three years. Payments (e.g., commissions) may not be made to third parties by the landlord for business activities under this agreement.

Cancellation Fees:
Up to 7 days before arrival: No cancellation fees
6 to 1 day before arrival: 40%
NO-SHOW: 70 %

In the event of imminent or actual insolvency of customers of FALK TOURS AG, or in the event of refusal or exclusion of credit insurance for these customers by an insurance institution, FALK TOURS AG may withdraw from the contract with immediate effect. In this case, no cancellation fees will be charged. The same applies if a customer of FALK TOURS AG does not comply with the agreed payment terms towards FALK TOURS AG. The risk assessment lies with FALK TOURS AG. After the guests’ arrival, FALK TOURS AG assumes no responsibility for any costs that arise once it becomes aware of the situation

Legal Succession:
In the event of a change in the accommodation provider (new owner, new lessee, etc.), the contract partner commits to fully transfer the existing obligations from active contracts to their legal successor. If the contract partner violates this obligation, they and the persons who signed this agreement on behalf of the contract partner must compensate FALK TOURS AG for any damage incurred. If the contract partner violates this obligation, they must pay FALK TOURS AG a penalty of 10% of the revenue lost due to the failure to transfer the contractual obligations. In the event of the contract partner’s death, FALK TOURS AG’s existing contractual obligations will fully transfer to the estate and the heirs

Exclusivity:
If exclusivity is agreed upon, the landlord commits to accepting bookings from the defined customers and customer groups exclusively through FALK TOURS AG. This also applies if the mentioned customers/customer groups are booked through third parties. In the event of a breach, it is agreed that the landlord will indemnify and hold FALK TOURS AG harmless

Validity:
This contract enters into force upon signature by both parties. Any amendments or additions to this contract must be made in writing. In the event of the mutual deletion of one or more contractual clauses, all others remain valid

Confidentiality:
The contract partner commits to treating these terms and conditions, as well as all other agreements or contracts concluded with representatives of FALK TOURS AG, with absolute confidentiality. In the event of a breach, the contract partner is liable for any damages or lost business incurred by FALK TOURS AG.

Jurisdiction and Applicable Law:
For disputes arising from this contract, Swiss jurisdiction and the substantive and local competence of the Zurich District Court, regardless of the value of the dispute, are agreed upon.

Zürich, 30.07.2024