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General conditions of services provided by Mountain Leaders derived from those published by the Swiss Association of Mountain Guides (hereinafter referred to as ASGM) for mountain guides

A. General

Art. 1 Scope of this document

1.1 Each contract consists of the following two integral parts, applicable in case of contradictions in the following order:

1.1.1 Individual agreements between the client (principal) and the supplier (agent, or the Mountain Leader),

1.1.2 These general conditions (hereafter abbreviated to GC).

1.2 A Mountain Leader for the purposes of these GC is understood to be any person who has obtained the Federal Certificate of Mountain Leader or any other equivalent diploma recognised by the Union of International Mountain Associations (UIMLA). Anyone who meets this criterion is considered to be a Mountain Leader for the purposes of the present GC if they are in charge of a mountain leading mission. It can be a man, a woman or an organisation (for example a simple company formed by several employees who are jointly and collectively liable within the meaning of articles 530 et seq. of the Code of Obligations or a legal entity such as a collective society or a limited company as a compulsory partner), insofar as the organisation hires one or more Mountain Leaders.

1.3 Each contract (Mountain Leader order) is subject exclusively to Swiss law, irrespective of the fact that the order may be executed wholly or partially abroad. Swiss law, in particular the law of mandate (article 394 et seq. of the Code of Obligations), supplements the integral parts of art. 1.1 of these terms and conditions.

1.4 Provided and insofar as the Federal Law of 18 June 1993 on Package Travel (LVF, SR 144.3) is applicable, the binding regulations arising therefrom (see Art. 19 LVF) shall take precedence over the above points. art. 1.1 as well as the law of mandate (see Article 1.2 of these terms and conditions).

1.5 In case of doubt, the french version of these GC prevails and takes precedence

 

Art. 2 Contract agreement

2.1 The contract is concluded as soon as the parties (client and Mountain Leader) have agreed on the essential content of the contract, i.e. the basic points of the contract. It may be an oral agreement.

2.2 Any confirmation of the mandate, in written form (letter, e-mail, etc.), written by the Mountain Leader or by the client, shall only serve the purpose of enabling both parties to prove more easily that the contract has been concluded and shall not constitute a condition sine qua non for its validity. In the absence of an immediate written objection to the written confirmation of a mandate, the content of such confirmation becomes binding on both parties.

2.3 Articles 2.1 and 2.2 of these GC do not apply if one or both parties expressly make a reservation that the agreement is only valid in writing. In the event of such a formal agreement or reservation (issued unilaterally) requiring the written form of the contract, a letter, an e-mail or any other procedure allowing for the written restitution of the content of the agreement will be admissible in the absence of further specifications.

 

Art. 3 Quality assurance provided by the Mountain Leader

3.1 The Mountain Leader is responsible for carrying out the mandate with due diligence, in accordance with the knowledge and skills required by the federal government's mountain guide certificate (qualities the client has the right to expect), in accordance with the legal provisions in force.

3.3 The Mountain Leader ensures that another possible companion he subcontracts to is also a Mountain Leader or, if applicable, a Mountain Guide

Art. 4 Quality assurance provided by the client

4.1 The client must follow the Mountain Leader's instructions to the letter, otherwise the Mountain Leader is entitled to withdraw from its mandate immediately and the client must pay the full amount of the contractual remuneration.

4.2 The client undertakes to spontaneously inform the Mountain Leader of  possible risks concerning him/her (particularly of a medical nature). In the absence of indications to the contrary, the client guarantees  the Mountain Leader that he has the required qualities (condition, psychological and physical health, mountain experience, sure footing, absence of vertigo, equipment, etc.) to carry out the excursion covered by the contract. If a client fails to comply with the obligation to inform the Mountain Leader, in the event of a problem, the Mountain Leader has the right to cancel the excursion and return immediately, whilst the client will be required to pay the full amount of the contractual remuneration (see also article 13.1 paragraph d and 13.2 of these GC).

4.3 The client accepts the risks inherent in the excursion, regardless of whether the order is carried out diligently by the Mountain Leader.

 

Art. 5 Insurance coverage

5.1 The Mountain Leader confirms that he has subscribed to a professional liability insurance with subsidiary cover of CHF 5 million for accidents, including personal injury and property damage. At the client's request, the Mountain Leader must provide a photocopy of his or her insurance policy to prove that he or she has in fact taken out professional liability insurance.

In addition, the Mountain Leader is covered by compulsory and customary insurance, including health and accident insurance.

5.2 It is the client's responsibility to subscribe such insurance (recommended) on his own behalf and at his own expense:

  • Cancellation insurance, also known as cancellation insurance (see article 5, paragraph e LVF)

  • Health and accident insurance

  • Insurance covering search, rescue and repatriation costs in case of accident or illness, insofar as these clauses are not already included in the health and accident insurance (see also article 5, paragraph e LVF)

  • Liability insurance including mountain accidents

 

Art. 6 Competent courts & jurisdiction

6.1 In the event of a dispute arising from the mountain ladering contract, the ordinary courts are declared competent.

6.2 The contracting parties agree that the domicile of the Peak2peace Mountain Leader is the only one taken into account when determining the competent jurisdiction.

 

B. Remuneration of the mandate

I. Basic provisions on remuneration

Art. 7 Compensation structural elements

7.1 The compensation for the excursion consists of the following:

  • 7.1.1 Fees

  • 7.1.2 Reimbursement of incidental expenses

  • 7.1.3 Value added tax (if applicable)

7.2 The fees correspond to one or more daily rates (see Article 9 et seq. of these conditions)

7.3 If the accompanying service is subject to VAT, this tax is not included in the daily flat rate. He can therefore add it to the invoice.

 

Art. 8 Compensation agreement

8.1 At the conclusion of the contract, the Mountain Leader and the client must agree on the compensation for the service, including its fees (see also article 2.2 of these conditions, relating to the confirmation of the mandate). The daily rates recommended by the ASGM are only indicative and not binding.

8.2 If the parties are unable to agree on the remuneration of the mountain guide at the conclusion of the contract, the client shall pay the daily fees in accordance with Art. 9 et seq. in the subsidiary package set out in Art. 10.1, 10.2 and 11 of these terms and conditions, increased by the reimbursement of additional costs in accordance with Art. 15 et seq. of these terms and conditions.

 

II. Daily rate compensation

 

Art. 9 Determination of the daily flat rate

9.1 The daily rate can vary between CHF 500 and CHF 700

9.2 The criteria used to determine the flat rate per day within the framework of Art. 9.1 are as follows:

  • Number of clients per accompanying person; the latter has the right to modify the number of clients he accompanies (group size) according to the conditions of the excursion (e.g. duration of the excursion, weather conditions, etc.); if the accompanying person takes more than one client, he will apply an adjusted supplement for each additional person

  • Difficulty and duration of the excursion, weather conditions, etc

  • Ability of the client (health, age, experience, etc.)

  • Number of days of the excursion or the training (excluding round trips); A higher daily rate should be applied for a one-day or two-day contract rather than for four days, or more, commitments

 

Art. 10 Subsidiary daily commission

10.1 If the parties do not agree on a specific commission or do not charge any commission (see also Article 8.2 of these conditions), the daily rate shall be CHF 500

10.2 If the parties do not agree on a specific tariff, the subsidiary daily fees for commissions provided for in Articles 11 to 15 of these conditions shall also apply.

 

Art. 11 Return journeys

11.1 If the outward journey (arrival by means of transport and/or approach march) begins the day before after 1:00 p.m., the client shall pay half of the daily supplementary rate set out in Article 10.1 of these conditions. If the outward journey begins the day before 1:00 p.m., the client is obliged to pay the full daily supplementary rate in accordance with Art. 10.1 of these conditions.

11.2 If the return journey (on foot and/or by means of transport) ends on the day after the event before noon, the client must pay half of the supplementary daily rate set out in Article 10.1 of these conditions. If the return journey ends the following day after 12:00 noon, the client must pay the full daily supplementary rate for the day following the event, as stipulated in Article 10.1 of these conditions.

11.3 The outward journey begins at the place of immediate availability of the Mountain Leader (e.g. Home, seasonal residence or arrival point of the return journey of the previous race), while the return journey ends at the place of availability. Immediate follow-up of the Mountain Leader (e.g. Home, seasonal residence or starting point of the outward journey for the next period)

 

Art. 12 Cancellation

12.1 If the Mountain Leader has to cancel the excursion for reasons of his or her own (e.g. illness, accident, family events, etc.), neither party shall be obliged to pay compensation or damages to the other

12.2 If the Mountain Leader has to cancel the event for reasons related to other factors (e.g. due to bad weather, adverse mountain conditions, disruption of transport links, etc.), the client shall, in relation to the agreed days and the time required for the outward and return journeys, pay the fixed daily rates set out in Art. 10.1 and 11 of these conditions, plus reimbursement of the actual ancillary costs (e.g. costs of cancelling the booked accommodation, etc.). The Mountain Leader is in any case obliged to offer the client substitute journeys that correspond to the abilities of the Mountain Leader and the client.

12.3 If the client cancels the order for any reason, he must pay the Mountain Leader the entire agreed package or, if applicable, the fixed rate as stipulated in Art. 10.1 of these conditions in the absence of a commission agreement, in addition to daily fixed rates for outward and return journeys as stipulated in Art. 11 of these conditions, in accordance with the following clauses concerning cancellation charges, plus reimbursement of the respective actual ancillary costs (e.g. cancellation charges for booked accommodation, etc.):

  • Cancellation from 60 to 31 days before the start of the race: 25% of the fees,

  • Cancellation 30 to 11 days before the start of the race: 50% of the fees,

  • Cancellation 10 days or less before the start of the race: 100% of the fees

 

Art. 13 Stop and Abort

13.1 The agreed daily flat rate or, if applicable, the fixed daily rate set out in Art. 10.1 of these conditions, in the absence of a commission agreement, plus the respective additional costs, is always due in the following cases:

a) when the Mountain Leader must, for safety reasons (bad weather, unfavourable conditions, client fatigue, etc.), interrupt a competition;

b) when the Mountain Leader organises a day off due to bad weather or at the request of the client;

c) when the client decides to interrupt the excursion;

d) when the Mountain Leader decides to interrupt the race for the reason referred to in Article 4.1 of these conditions;

e) when the Mountain Leader stops an excursion that has begun to provide assistance to hikers in difficulty, because he or she is restrained and authorised, provided that this intervention does not threaten the safety of his or her clients

Note: the client's obligation to pay full remuneration to the Mountain Leader when assisting hikers in difficulty is legitimate in the risk community of all mountaineers. For his part, each client can count on the assistance of other mountain professionals should he and his companion be in difficulty.

13.2 If a commitment of several days must be stopped, Art. 13.1 of these conditions shall apply in a similar manner.

Art. 14 travel to and from

14.1 Remuneration for time spent on outward and return journeys is subject to the provisions of Art. 11 of these conditions..

14.2 In the absence of a special agreement for a daily flat rate, the additional flat rate due for round-trip travel shall be calculated on the basis of the daily rate pursuant to Art. 10.1 described under these conditions.

Art. 15 Cancellation and interruption

15.1 The provisions of Articles 12 and 13 of these conditions shall apply in a similar manner.

15.2 In the absence of a special agreement on a daily flat rate, the fees payable in such cases will be calculated on the basis of the daily subsistence set out in Article 10.1 of these conditions.

 

IV. Additional costs

Art. 16 Round trips

16.1 The client must reimburse the Mountain Leader for the actual transport costs for the outward and return journeys, as well as any transport costs incurred during the execution of the assignment (e.g. the use of means of transport such as cable cars etc. used for site modifications). In addition, the client pays his own transport costs.

16.2 If it is impracticable or impossible to use public transport or if the use of the Mountain Leader's private vehicle makes it possible to shorten return journeys, the person concerned is entitled to claim compensation of CHF -0.70 per kilometer, irrespective of whether or not they are accompanied by clients. If, for one of the above reasons or at the request of the client, a taxi service or similar private transport is called, the costs incurred shall also be borne by the client.

 

Art. 17 Overnight stay

17.1 The client also bears the actual accommodation costs of the Mountain Leader (e.g. in huts and hotels, etc.) as well as their own accommodation costs.

 

Art. 18 Catering

18.1 Catering costs for the Mountain Leader and the client in huts, hotels, restaurants, etc., as well as drinks and marching tea, are the responsibility of the client.

18.2 Any snacks consumed by the mountain guide and the client during the race, and which will be taken in each person's bag, must be provided individually by the parties at their own expense.

 

Art. 19 Equipment

19.1 The expenses of the accompanying person relating to his/her equipment (purchase, maintenance and repairs, etc.) are compensated by the fee paid.

19.2 The Mountain Leader has the right to wait until the client has the appropriate equipment needed to carry out the excursion. If special equipment is required, the guide will inform the client in good time.

19.3 If the client does not have the required equipment, the Mountain Leader may hire it from him, at the client's request and at the client's expense, insofar as it can be reasonably expected that this will be done by the mountain guide.

 

V. Payment deadlines

Art. 20 Determining the payment deadline

20.1 The date on which the mountain guide's remuneration is due (the latter including his fees and the reimbursement of ancillary costs) must be fixed at the conclusion of the contract. Similarly, it must be established whether the client must pay the board and lodging costs directly (in accordance with article 16 and the following conditions), in addition to his own board and lodging costs.

20.2 Peak2peace is entitled to require the client to pay a deposit on a certain date prior to the execution of the mandate. Such an agreement may be accompanied by a condition precedent stipulating that, in the absence of payment of the deposit within the prescribed period, the contract shall lapse for both contracting parties.

 

Art. 21 Absence of deadline

21.1 In the absence of a fixed deadline, the client shall reimburse the fees and incidental expenses within thirty (30) days after receipt of the Mountain Leader's invoice, on the bank account or postal account specified by peak2peace.

21.2 The invoice may be delivered to the client at the end of the mandate, in writing by hand. In this case, the payment period of thirty (30) days shall start from the delivery of the invoice.

 

 

Annex I

Levels of difficulty for snowshoeing and alpine excursions

The degrees of difficulty defined in the following scales apply:

1. CAS scale for the list of mountain and alpine excursions on 5 September 2012,

2. CAS scale for snowshoeing, September 2012

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