The below described terms and conditions provide the framework for the commercial relationship between the customer and MSPI Power Programs Ltd as provider and organiser of Outdoor Programs and Team Incentives which are marketed under the name of "Gstaad Outdoros". Please read the following paragraphs carefully, it is assumed that the below mentioned terms and conditions are known to the customer and that he fully accepts and complies with them.
Within the framework of these general conditions, the company that subscribes to the contract for the provision of services is referred to as "the recipient", this term does not apply to the individual persons designated as being "the participants". MSPI Power Programs Ltd , referred to hereinafter as "the service provider", is the legal entity responsible for the organisation and the implementation of the means necessary for the provision of the services.
These general conditions govern the legal relationship between the service provider and the recipient for all the services (concepts, specific proposals, mandates, projects etc.) being a subject of this contract. A contract results from a written, phone or personal registration for one of our programs either directly with MSPI Power Programs Ltd "Gstaad Outdoors" or with one of our partners.
For programs with MSPI Power Programs Ltd the general terms and conditions as well as the signed related forms for activities with specific risks (medical questionnaire/waiver) become integrated elements of the contract.
The agreed price is the subject of a contract detailing the services and is fixed on the day of the signature by the parties contracting to the previously mentioned contract.
The service provider has the right to alter the agreed price to reflect any changes in the law, regulations or customs, between the day of the conclusion of the contract and the provision of the service.
These modifications are tacitly accepted by the recipient subject to a limit of 5% of the agreed price. If these price modifications, communicated to the recipient at least 30 days before the execution of the services, exceed 10% of the agreed price, the recipient has the right to terminate the contract within 7 clear days after receipt of the communication.
With the signature of the confirmation note resp. the enrolment form the therein mentioned prices for the provision of the defined and communicated services are considered as accepted contractual debts. Deposit payments are to be paid according to the following scale:
100% cash on enrolment or before the beginning of the program
Reservation fee on the day when the booking is confirmed, remaining balance 30 days before program start.
50 % of the total cost of the services on the day when the order is confirmed (for companies not domiciled in Switzerland 80%), remaining balance 30 days before the provision of the services.
The non-observance of these conditions will involve the application of the regulations of paragraph 5.1 governing the expenses of cancellation.
A total cancellation of the services after the signature of the contract will require the payment of a file charge of 5% of the total project costs, min. CHF 1'000.-,
An exact list of the names and the number of participants must be sent to the service provider 30 days before the service. Cancellation charges are invoiced to the recipient after acceptance of this contract excluding application of the provisions of paragraph 3 subparagraph 3. The scale applicable is:
The provision of services may have to be modified for reasons independent of the will of the service provider (strike, riot, war, weather conditions, etc). The service provider is the only judge of the necessity to modify his services for reasons related to the safety of the participants. In any event, the service provider will try to provide to the recipient, compensation or equivalent services.
If due to Acts of God, measures taken by the authorities or strike action, the performance of the services cannot be achieved within the times agreed are have to be reduced, the amounts already paid less the amounts related to the services already carried out will be refunded to the recipient.
The service provider declines all responsibility in case of accidents, of physical or material damage during the execution of the different activities organised. The service provider is exonerated from all responsibility in all cases where a fault, an omission or negligence ascribable to the recipient was likely to seriously disturb or to prevent the good execution of the services. The service provider cannot be held responsible for the damages caused to the recipient by a third party connected to the supply of the services defined by the contract. The service provider accepts responsibility for damages suffered by the recipient in so far that a fault is ascribable to him.
The activities proposed by the service provider include sports and adventure elements and are partially executed outdoors. The customer and the participants are aware of the risks included in such activities and declare that they participate on their free will and at their own risk. By signing the confirmation note the customer confirms that all participants are insured against accident and illness, and that all damages for and by the participants, which may arise from the execution of the defined activities, are covered by his insurance.
In case of eventual interferences in the proper execution of the provided services the customer is required to do everything in his power to assist in the removal of the interferences in order to prevent possible damages or service reductions.
The service provider must be immediately be informed by the customer if there is any reason for complaint during the execution of the defined services. This is a pre-condition for latter damage claims. In most cases eventual interferences can be removed at once.
If the services provided do not correspond to those agreed contractually the recipient must immediately deposit a written complaint with the service provider, at the latest 10 days after the execution of the contract. In the event of non-observance of this time limit, any claim for damages is inadmissible.
Swiss law is applicable to the legal relationships between the recipient and the service provider. All claims for compensation for damages become time barred one year after provision of the services.