General terms and conditions

These General Terms and Conditions of Travel and Contract (hereinafter referred to as "GTCT") form an integral part of the travel contract concluded between the customer and Ebooqueen. The rights and obligations of the customer and Ebooqueen arise from the individual written agreement, these GTCT and the statutory provisions. For the sake of simplicity, the term "customer" used below refers to both the customer and the client.

1. Contract conclusion

1.1 By booking, the customer submits to Ebooqueen a binding offer to conclude the travel contract. This takes effect on receipt of the reservation by Ebooqueen.

1.2 Contracting parties

1.2.1. The travel contract is concluded between the customer and Ebooqueen. As Ebooqueen's contractual partner, the customer is responsible for all participants he/she registers for the trip, and these GCVS apply to all of them.

1.2.2. In the case of simple intermediation of third-party services, the contract is formed between the customer and the third-party company. In this case, Ebooqueen is not a contracting party and these GCSV do not apply.

2. Ebooqueen services

2.1. Scope of services

The scope of services is defined by the data communicated in writing by Ebooqueen (e.g. e-mail, travel confirmation, invoice) and by the descriptions of services in Ebooqueen's general publications (e.g. on the Internet or in travel catalogs).

2.3 In the event of unforeseen or unavoidable events or force majeure (e.g. war, strike, natural disaster, withdrawal of landing rights, epidemic, pandemic and associated official measures), the scope of Ebooqueen's services is limited. In the aforementioned cases, the services described in Ebooqueen's publications are not binding, and the customer has no claim to reimbursement or damages in the event of non-performance or incomplete performance of the services. In the event of discrepancies, the data provided in writing shall prevail. Special customer wishes and subsequent supplementary agreements require the express written confirmation of Ebooqueen to be valid.

3. Price

3.1 Pricing

The price of the trip is determined, firstly, by the information that Ebooqueen communicates in writing (e.g. by e-mail, trip confirmation, invoice) and, secondly, by the prices indicated in Ebooqueen's general publications (e.g. on the Internet or in travel catalogs). Unless otherwise stated, all prices are per person, including taxes, in Swiss francs.

The prices applicable are those in force at the time of booking. Trips covering several price periods are invoiced according to each seasonal price. The following are reserved: booking office fees for processing and booking, any additional travel and local costs (e.g. visa fees, tourist taxes).

3.2 Price increase

3.2.1. In the event of a subsequent increase in actual costs, Ebooqueen reserves the right to increase the price of the trip accordingly, after conclusion of the contract, in particular in the event of:

• Increased transportation costs (e.g. fuel surcharges)
• New or increased taxes (e.g. official fees, increased value-added tax)
• Changes in exchange rates

3.2.2. The price increase may be applied no later than 22 days before the start of the trip. If the price increase amounts to more than 10% of the trip price, the customer is entitled to cancel the contract free of charge within 5 days of notification of the increase. In this case, the customer is free to choose another trip, subject to availability. If the replacement trip is of lesser value than the contractually agreed trip, the customer may claim compensation for the difference. Any other claim for compensation is excluded.

3.3 Payment terms and conditions Ebooqueen does not require a deposit for trips costing less than 1000CHF. Payment is made by bank transfer within 10 days of receiving confirmation of the booking by e-mail. Bank details and the price are clearly indicated to the customer in this e-mail.

Once payment has been made, the customer receives the tickets and accommodation bookings by e-mail, as well as the documents relating to their stay, within 7 working days. Ebooqueen is at the customer's disposal from Monday to Friday, 10am to 5pm, by e-mail or by telephone, for any follow-up requests.

3.4. Late payment. If payment is not made on time, Ebooqueen reserves the right to send 2 reminders. Following the 2nd unpaid reminder, Ebooqueen is entitled to terminate the contract without delay and to refuse the travel service.

3.5 In the event of calculation and publication errors. Ebooqueen reserves the right to increase the price of the trip accordingly, after conclusion of the contract.

4. Trip modification or cancellation by the customer

4.1. Cancellation before the start of the trip. ebooqueen does not offer an additional cancellation option at the time of purchase of its offers, as these are exclusive offers.

4.1.1. In the case of offers including promotional, supersaver or economy train tickets, no refund can be made in the event of cancellation or change. The words "non-exchangeable and non-refundable" are clearly indicated on the offer.

4.1.2 In the case of offers including semi-flexible, flexible or normal tickets, ebooqueen refers to the exchange and cancellation conditions of the railway companies of each country.

ebooqueen recommends that travelers purchase travel insurance. This way, in the event of an impediment, depending on the insurance contract, the costs/reimbursements relating to the cancellation of the trip will be covered by the insurance.

4.1.3 For flights, hotel services or third-party offers, boat trips as well as car and camper van rentals, the general terms and conditions of the relevant service provider (e.g. railway company, tour operator, shipping company) apply.

4.3 Cancellation during the trip If the customer cancels the contract in whole or in part during the trip, he/she is not entitled to a refund of the trip price.

5. Shows, cultural and sporting events

In the event of modification or cancellation of a booking, confirmed tickets cannot be refunded and are due in full. In most cases, the actual ticket price is increased by an intermediary's commission; the price invoiced may therefore be significantly higher than the face value.

6. Withdrawal or cancellation of Ebooqueen

6.1. Substantial error

Ebooqueen is entitled to withdraw from the contract in the event of substantial errors in the conclusion of the contract, in particular errors in the calculation and/or publication of the travel price. The customer is entitled to a refund of any payments made.

6.2 Unforeseeable or unavoidable circumstances

If unforeseeable or unavoidable circumstances (e.g. war, strikes, natural disasters, withdrawal of landing rights, epidemics, pandemics and associated official measures) prevent the trip from taking place, Ebooqueen is entitled to withdraw from the contract or terminate it. If the contract is cancelled before the start of the trip, the customer will be reimbursed the full price, with the exception of damages, with the understanding that expenses clearly incurred by Ebooqueen will be deducted from the amount to be reimbursed. The customer is also free to make a replacement trip if possible. If the replacement trip is of lesser value than the contractually agreed trip, the customer may request compensation for the reduced value. In the event of cancellation after the start of the trip, all claims for compensation by the customer are excluded, in particular compensation for additional costs (e.g. train or hotel costs).

7. Compensation for rail travel

In the case of train travel, all requests for partial or total reimbursement must be accompanied by the original tickets to be produced to the transport companies concerned. Without these originals, no request can be considered.

8. Liability

8.1. Scope of liability Ebooqueen is liable to the customer for the proper execution of the contract, in particular for the careful selection and supervision of service providers, as well as for the technical organization of the trip, insofar as the customer's insurance does not cover the damage.

8.2. Limitations and exclusions of liability

8.2.1. Liability for all damages other than bodily injury is limited for each contract to twice the price of the trip.

8.2.2. Ebooqueen is not liable if the non-execution of the contract or the execution not in conformity with the contract is attributable to :

• Customer default (e.g. failure to comply with entry requirements, non-transportation due to pregnancy, criminal sanctions)
• Unforeseeable or unavoidable shortcomings attributable to a third party (e.g. delays by transport companies, strikes, deficiencies in the performance of services provided as an intermediary).
• An unforeseen or unavoidable event or case of force majeure (e.g. war, natural disaster, withdrawal of landing rights, injunctions by authorities, lack of authorization to travel, epidemic, pandemic and associated official measures).
• A young person under 18 years of age booking/travelling without both parents or without the written authorization of the latter, and who is refused permission to leave the country or to enter a country, or who is refused accommodation in a hotel. The limitations on compensation provided for in international agreements in the event of damage resulting from non-performance of the contract or performance not in accordance with the contract remain reserved.

9. Data protection

9.1. Collection, processing and use of data

When the contract is concluded, in addition to the customer's details (name, address, e-mail, telephone number), the following information is generally recorded or processed: travel dates, destination, train company, hotel, price, customer wishes, information on other travel participants, payment information, data specific to membership of an Ebooqueen partner, date of birth, nationality, language, preferences and other information provided to Ebooqueen by the customer. By booking, the customer confirms the accuracy of the data provided.

In special cases (e.g. in the event of an accident during the trip) or in the event of a claim, further information may be collected and recorded. Telephone conversations may be listened in on or temporarily recorded for internal quality control purposes. Customer data is subject to Swiss data protection law and is processed as part of the contract for the provision of services. Ebooqueen may use this data to develop a market-oriented offer and for analysis, marketing and consulting purposes. The customer hereby agrees to the processing and use of his/her data.

10. Applicable law and place of jurisdiction

10.1. The contractual relationship between the customer and Ebooqueen is governed exclusively by Swiss law.

10.2. Subject to mandatory legal provisions, the place of jurisdiction is Berne.

11. Miscellaneous

11.1 Governing language. In case of doubt as to the interpretation of the different language versions, the French version shall prevail.

11.2 Invalidity of any provision. Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions of the contract. 11.3 Travel guarantee. Ebooqueen is not yet a member of the Guarantee Fund of the Swiss Travel Industry.

11.4 Insurance Ebooqueen expressly recommends taking out travel cancellation insurance and insurance covering repatriation costs in the event of accident or illness. If necessary, the customer will be advised by Ebooqueen. Cancellation of the insurance contract is not possible after its conclusion.

11.5 Ebooqueen may unilaterally modify the GCGC at any time, the updated version being published electronically.

Ebooqueen, July 2024