Terms & Conditions

For all services provided by Trip-It-Up Sàrl (hereinafter referred to as "Trip-It-Up"), either directly or through its online services, only the present general terms and conditions of travel (hereinafter referred to as the "GTC") and the legal provisions in force shall apply, unless contractual provisions to the contrary have been expressly agreed between the customer (natural or legal person) (hereinafter referred to as the "Customer") and Trip-It-Up.

1.1 As part of its activities in the service of the Customer, Trip-It-Up undertakes to organize all or part of the trip desired by the Customer. In such a case, a travel contract is concluded directly between the Customer and Trip-It-Up in order to regulate the contractual relationship between the parties (hereinafter the "Travel Contract"). The provisions of these General Terms and Conditions govern the terms and conditions applicable to the Travel Contract in greater detail.

1.2 In addition to its activities as a travel organizer as described above, Trip-It-Up also provides an online travel planning tool (hereinafter referred to as the "Travel Planner") through which third parties (hereinafter referred to as the "Provider(s)") offer their products and services, which the Customer may book/order if desired. By using the Travel Planner, the Customer enters into a direct contractual relationship with the relevant Provider from whom a booking is made or a product/service is purchased (where applicable). From the moment a reservation is made by the Customer through the Travel Planner, Trip-It-Up acts solely as an intermediary between the Customer and the Provider, transmitting the details of the reservation to the Provider(s) concerned and concluding the contract with the Provider(s) concerned in the name and on behalf of the Customer. Trip-It-Up does not (re)sell, rent or directly offer any (travel) products or services through the Travel Planner.

2.1 According to the wishes communicated by the Customer, Trip-It-Up undertakes to organize all or part of the Customer's trip, in accordance with the specifications contained in the Travel Contract. The Travel Contract between the Customer and Trip-It-Up is concluded when the Customer accepts the travel offer formulated by Trip-It-Up. The Customer's acceptance may be made in person, by telephone, in writing (e.g. by sending the order confirmation form duly completed by the Customer) or via the Internet.

2.2 Upon conclusion of the Travel Agreement in accordance with the foregoing, the clauses stipulated within these GTC and the contractual agreements become effective between the Customer and Trip-It-Up. The version of the GTC in force at the time of conclusion of the Travel Agreement shall prevail.

2.3 As soon as the reservation is effective, Trip-It-Up requires proof of identity from each participant. Trip-It-Up has the right to refuse the reservation in the event of non-transmission of identity documents or non-payment of the agreed amount within the allotted time. The information provided is binding for all reservations. Trip-It-Up declines all responsibility in the event of transmission of erroneous information or lack of information.

3.1 By booking through the Travel Planner, the Customer acknowledges that he/she has understood and accepted, without reservation, the GTC. The version of the GTC in force at the time of booking by the Customer shall prevail.

3.2 In the event of disagreement with the GTC, the Customer shall refrain from booking via the Travel Planner.

3.3 Through the Trip Planner, the Customer can choose and form his/her trip from among several categories and the various options offered therein. By filling in the information fields about him/herself and the other travellers, and by completing the booking process, the Customer authorizes Trip-It-Up to book, in his/her name and on his/her behalf, the chosen services with the Provider(s) concerned, in accordance with the conditions mentioned on the Travel Planner (respectively with the conditions subsequently approved when the Customer completes the booking process). The Customer is bound by his booking mandate. The Customer's attention is expressly drawn to the fact that Trip-It-Up does not intervene in the contractual relationship between the Provider and the Customer. Any liabilitýde Trip-It-Up in this respect is excluded (see article 14 below for the remainder).

3.4 The reservation made by the Customer is deemed to have been accepted as soon as the Customer receives confirmation of the reservation, either directly from the Provider or via Trip-It-Up. Trip-It-Up reserves the right to refuse any reservation mandate from a Customer at its free and entire discretion, without being obliged to indicate the reasons.

3.5 The information provided on the Travel Planner is based on information supplied by the Provider(s) concerned. The latter are solely responsible for the accuracy, completeness and correctness of the information concerning them, including rates/fees/prices/conditions (in particular cancellation conditions) and availability. Trip-It-Up declines all responsibility in this respect.

3.6 The Customer is obliged to check the data stated in the booking confirmation as soon as it is received and to notify Trip-It-Up within three days of any errors or inconsistencies in this respect. Failing this, the Customer will be deemed to have accepted and confirmed the data indicated in the booking confirmation.

3.7 As soon as the booking confirmation is effective, Trip-It-Up, or the Provider(s) concerned, may request proof of identity from each participant. The Customer's attention is drawn to the fact that the Provider(s) concerned are entitled to refuse the booking in the event of non-transmission of identity documents or non-payment of the agreed amount within the time limit. The information provided is binding for all reservations. Trip-It-Up declines all responsibility in the event of transmission of erroneous information or lack of information.

4.1 If the Customer books/reserves for several persons, he/she is obliged to assume their contractual obligations to Trip-It-Up/Provider (in particular payment of the price) as if they were his/her own. The Customer's contractual obligations and these GTC apply to all participants in the trip for which the Customer has booked/ordered.

5.1 All prices quoted to the customer are subject to availability. Any price increase between the time of the offer and the time of the definitive booking/conclusion of the contract is expressly reserved. Only the prices applicable at the time of the definitive booking/conclusion of the contract are decisive. In the event of the conclusion of a Travel Contract, the provisions of article 6 below ("Price changes") are additionally reserved.

5.2 The price is determined according to the specifications covered by the contract. The price includes the handling fee charged by Trip-It-Up for its advice and travel booking services.

5.3 Unless otherwise stated, prices are quoted for all participants in the trip concerned, in Swiss francs and in cash. A surcharge of 2.5% will be applied to credit card payments.

5.4 Any additional costs incurred by the Customer and other participants in the trip (e.g. visa taxes, tourist taxes, etc.) are reserved and shall be borne exclusively by the Customer.

6.1 In the event of a subsequent increase in the actual costs inherent in the trip, Trip-It-Up reserves the right to increase the price of the trip, after the conclusion of the Travel Contract, in particular in the event of (i) an increase in transport costs (e.g. increase in fuel prices), (ii) an increase in fees and/or taxes relating to certain services connected with the trip (e.g. state taxes and airport taxes), or (iii) variations in exchange rates applicable to the trip. The increase in the price of the trip will consist in the full passing on of the increase in the costs that justify it, without any additional surcharges.

6.2 If the price increase amounts to more than 10% of the trip price, the Customer is entitled to terminate the Travel Contract in writing and free of charge within 5 days of notification of the price increase. In such a case, the Customer will also have the option of choosing another trip organized by Trip-It-Up. If the new trip is of lesser value than the contractually agreed trip, the Customer may demand reimbursement of the difference. Any other claim for damages is excluded. Any refund of payment to the Customer shall be without interest.

6.3 If the cancellation by the Customer in application of the present article 6 implies the cancellation of airline tickets, Trip-It-Up reserves the right to invoice the Customer for the cancellation fees charged by the airline(s) concerned.

6.4 Where the federal law on package travel applies (and only in this case), price increases pursuant to this article 6 may only be implemented up to 21 days before the scheduled start of the trip.

7.1 A deposit of 50% of the total price of the trip must be paid upon conclusion of the Travel Contract. The balance is due 30 days before the scheduled start of the trip. If the Travel Contract is concluded less than 30 days before the scheduled start of the trip, the full price is due immediately.

7.2 The due dates stipulated in article 7.1 above are deemed to be days of performance within the meaning of art. 102, para. 2, CO. In the event of non-payment within the aforementioned deadlines, the Customer shall be in default of payment without the need for formal notice. Trip-It-Up is then entitled to withdraw from the contract without setting a deadline and to refuse the travel service. In such a case, cancellation fees are payable in accordance with article 8.2 below, without prejudice to Trip-It-Up's right to claim damages in excess of the fixed cancellation fees.

7.3 Travel documents are only handed over to the customer after full payment of the travel price.

8.1 The Customer may cancel the trip at any time prior to the start of the trip. Cancellation by the Customer must be made in writing to Trip-It-Up. The date of actual notification of cancellation to Trip-It-Up is decisive in determining the subsequent cancellation charges. Travel documents (if applicable originals) already issued to the Customer must be attached to the notification, failing which the latter will not be valid.

8.2 Any cancellation of the trip by the Customer prior to the start of the trip, for any reason whatsoever, will give rise to cancellation charges payable by the Customer according to the following scale (irrespective of any fault on his part): (i) From the conclusion of the Travel Contract and up to 45 days prior to departure: 30% of the total price of the trip (ii) From 44 days prior to departure to 30 days prior to departure: 50% of the total price of the trip (iii) From 29 days before departure to 10 days before departure: 80% of the total price of the trip (iv) From 9 days before departure to the day of departure: 100% of the total price of the trip The above scale covers Trip-It-Up's presumed costs in the event of cancellation of the trip by the Customer before departure. Trip-It-Up expressly reserves the right to make any claim for damages in excess of the flat-rate cancellation fees included in this scale, in particular if the cancellation by the Customer involves the cancellation of airline tickets (in which case Trip-It-Up reserves the right to invoice the Customer for the cancellation fees charged by the airline(s) concerned, in addition to the above-mentioned cancellation fees and independently of any cancellation insurance coverage).

8.3 If the Customer cancels the Travel Contract in whole or in part during the trip, he/she is not entitled to any refund of the trip price.

9.1 Trip-It-Up will do its utmost to comply with requests for modifications made by the Customer, without any guarantee being given in this respect. In such a case, any additional costs incurred by such modifications shall be borne by the Customer. Trip-It-Up reserves the right to charge additional handling fees.

9.2 Any trip cut short and any service not used by the Customer cannot give rise to any reimbursement whatsoever.

10.1 If unforeseen or unavoidable events (such as war, strikes, natural disasters, epidemics, pandemics, etc.) hinder the planned course of the trip, Trip-It-Up is entitled, depending on the circumstances, to modify certain services or to terminate the Travel Contract. In such a case, the customer is entitled to reimbursement of payments made for services not replaced or not performed. Any further claims on the part of the Customer (in particular any compensation for non-performance of the Travel Contract) are excluded.

11.1 No insurance is included in the tour price. The customer is advised to take out travel cancellation insurance and repatriation insurance in the event of accident or illness.

12.1 In addition to the payment of the travel price, the Customer shall be responsible for the following cooperation obligations in particular: (i) The Customer shall immediately check the documents sent to him (such as invoices, confirmations and travel documents) as to their accuracy, in particular whether they correspond to the reservation and to the identity documents of each of the participants, check whether they are complete and inform Trip-It-Up of any inconsistencies. (ii) The Customer is responsible for compliance with passport, visa, customs and health regulations. The passport and visa requirements indicated in the travel documentation and trip descriptions are valid for Swiss citizens. Nationals of other countries are responsible for informing Trip-it-Up, or the relevant Service Provider(s) (in the case of bookings via the Travel Planner), at the time of booking of the provisions, restrictions and non-accessible destinations applicable to their respective nationality. (iii) The Customer is responsible for complying with timetables imposed by service providers (such as airports) and with baggage regulations. (iv) The Customer must assess his or her own state of health in the light of the requirements of the planned trip and, if necessary, cancel the trip. The Customer undertakes to provide all information relevant to the successful completion of the trip, in particular but not exclusively all information relating to the state of health of the participants (allergies, reduced mobility, disability, pregnancy, etc.). In view of the requirements of the planned trip, the Customer must assess his or her own state of health and that of the other participants, and, if necessary, refrain from traveling.

12.2 Trip-It-Up assumes no liability in the event that the Customer fails to comply with its obligations to cooperate. In particular, all costs incurred by the Customer's breach of his obligations to cooperate (such as, for example, the cost of a return journey in the event of refusal of entry to a country) shall be borne exclusively by the Customer, to the exclusion of any payment by Trip-It-Up.

13.1 If, in the Customer's opinion, a service covered by the Travel Contract is not provided or is provided inadequately, the Customer is obliged to immediately inform the service provider on site so that an appropriate solution can be found. In the absence of an immediate and satisfactory solution, the Customer must immediately notify Trip-It-Up in writing, describing the reasons for his/her complaint(s).

13.2 The Customer is obliged to contribute to avoiding or minimizing possible damage in the event of disruptions during the journey.

13.3 If no suitable solution is found within 48 hours of notification to Trip-It-Up (see article 13.1 above), the Customer is entitled to remedy the situation himself. If an equivalent replacement service cannot be provided, the Customer is entitled to a reduction in the price to the extent of the objective loss of value of the service provided compared with that agreed, or, on condition that written proof is provided, to reimbursement of the costs associated with his or her own actions, provided that these fall within the scope of the service initially agreed in the Travel Contract.

13.4 In the absence of immediate notice in accordance with Article 13.1 above, the Customer may not claim any remedial action, price reduction or other compensation of any kind from Trip-It-Up.

13.5 The above provisions (articles 13.1 to 13.4) apply only in the case of a Travel Contract concluded between Trip-It-Up and the Customer. For services covered by a reservation made through the Travel Planner, any complaint must be addressed directly to the Service Provider concerned (the Customer's contractual partner), at Trip-It-Up's entire discretion.

14.1 To the extent permitted by law, Trip-It-Up shall only be liable for damages of any nature whatsoever suffered by the Customer in the event of wilful misconduct or gross negligence directly attributable to Trip-It-Up in connection with the contract concluded between Trip-It-Up and the Customer. Any other liability (including that arising from the acts of auxiliaries or third parties) is excluded, unless otherwise provided by mandatory law. Articles 14.2 to 14.5 below are reserved in all other respects.

14.2 In particular, Trip-It-Up assumes no liability towards the Customer if the non-performance or imperfect performance of the Travel Contract is attributable to (i) failures by the Customer (before or during the trip), (ii) unforeseeable or unavoidable failures by third parties (e.g. flight delays, strikes, etc.) or (iii) unforeseeable or unavoidable events or force majeure (e.g. war, natural disaster, weather, epidemic, pandemic, etc.).

14.3 Trip-It-Up's liability is, to the extent permitted by law, limited to the price paid by the Customer for the trip, to the exclusion in particular of any liability for any loss of profit. Where the federal law on package travel applies, liability for all damages other than personal injury is limited to double the price of the trip for each contract. Article 14.4 below is reserved.

14.4 In cases of liability arising from the use of transport (air, rail, bus, ship, etc.), the amount of claims for damages is limited to the sums provided for by international agreements or national legislation in force. The customer is responsible for asserting such claims directly with the carriers concerned, to the exclusion of any further and more extensive liability on the part of Trip-It-Up.

14.5 In the event that Trip-It-Up is required by mandatory legal provisions to compensate the Customer for damage caused by another service provider(s), the Customer's claims for damages against the service provider(s) concerned are assigned to Trip-It-Up. The Customer undertakes to take all necessary steps to obtain such assignment of rights.

15.1 Where (and only where) the Federal Package Travel Act applies, Trip-it-Up guarantees the refund of amounts paid and the repatriation of the Customer in the event of insolvency or bankruptcy in accordance with the provisions of the Federal Package Travel Act.

16.1 Swiss law shall apply exclusively to any claims or demands in contract, tort or otherwise arising out of the Travel Contract or any other contract subject to these GTC, to the exclusion of conflict of law rules.

16.2 Any dispute arising out of or in connection with the Travel Contract or any contract subject to these GTC, which cannot be settled amicably, shall be subject to the exclusive jurisdiction of the ordinary courts of Lausanne (Switzerland), subject to mandatory legal provisions requiring compliance with another forum.

17.1 Conditions modifying or conflicting with the Travel Contract or any other contract subject to these GTC shall not form part of the contract and shall not apply to the relationship between Trip-It-Up and the Customer, even if Trip-It-Up executes a contract without expressly rejecting such conditions.

17.2 If any provision of the Travel Contract, of any other contract subject to these GTC or of these GTC is found to be invalid, illegal or unenforceable, such provision shall be construed so as to reflect as nearly as possible the intentions of the parties, to the fullest extent permitted by applicable law. The other provisions of the Travel Contract and of these GTC shall remain valid and continue to bind Trip-It-Up and the Customer.

17.3 Personal data made available to Trip-It-Up by the Customer will be processed in accordance with the applicable legal provisions on data protection. The Customer authorizes Trip-It-Up to transmit, share and disclose to any third party the personal data transmitted to Trip-It-Up by the Customer, to the extent necessary for the proper performance of the Travel Contract or any other contract subject to these GTC.

17.4 Trip-It-Up reserves the right to unilaterally modify these GTC at any time.