Terms & conditions
General contract and business conditions (GTC)
of Cosa Travel Ltd with registered office at Utoquai 55, 8008 Zurich, Switzerland
1.1. These general terms and conditions of contract in the version valid at the time the contract was concluded (the GTC) apply to all current and future contractual relationships between you and us for the provision of consulting and brokerage services in accordance with marginal number 2 (Rz.).
1.2. By placing an order, you accept these General Terms and Conditions in the version valid at the time the contract was concluded. The terms and conditions are an integral part of all our offers and order confirmations. Your terms and conditions only apply if this has been expressly agreed to jointly in writing, even if reference is made to them.
1.3. Only the German version is valid, all translations are not considered a contractual part of this contract and cannot be used to interpret the contractual agreements made in German.
2. CONTRACTUAL CONTENT AND CONTRACTUAL RELATIONSHIPS
2.1. Our contractual obligation to perform consists of arranging contracts for the services you require from various providers and service providers, such as travel companies, airlines, transport companies, hotels, land arrangements, activities of all kinds, travel insurance and more. You authorize us to take the necessary actions on your behalf, as agreed, to ensure the completion of the bookings. We will forward you the offers provided by the provider in a summarized form or, if desired, the offers directly, unless they are sent to you directly in accordance with the agreements made with the respective provider.
2.2. A special information contract, in which the essential contractual obligation is the obligation to provide information, only comes about if there is a corresponding express agreement between you and us. Only then is Cosa Travel Ltd liable for the correctness of the information provided in accordance with Art. 398 Para. 2 OR.
2.3. Our mediation activity consists of searching for offers in your interest according to certain specifications identified in the course of our consultation and presenting you with the result of our research. In the case of such travel advice, there is a right to compensation in accordance with margin no. 5 regardless of whether you select and book a trip from the travel suggestions made to you or refrain from doing so. Unless otherwise agreed, we are not obliged to reverse a brokered transaction, to assert claims against providers and to request, accept or forward relevant declarations and documents from providers. Such services are to be agreed and compensated separately in each case.
2.4. If and to the extent that you give us a budget, we will take this into account in our brokerage activities, but we cannot guarantee compliance with the budget, among other things, due to price, service or tariff changes by providers and third parties over which we have no influence.
2.5. Without an express agreement, we are not obliged to determine and/or offer the cheapest provider of the requested travel service. Our service is to choose the most suitable provider for you, which we have perceived from discussions with you, on your behalf.
2.6. You can conclude contracts for travel services with the respective provider from the offer we are looking for by instructing and authorizing us to book corresponding travel services with the provider and to conclude contracts with them in your name and for your account. In the case of services provided by third parties, such as services from other tour operators or individual services such as hotel or flight, you conclude the contract directly with the relevant company and we are not a party to the contract. In particular, our authorization also includes the receipt of information and declarations from the providers. On request, you can issue us with a corresponding general power of attorney with substitution authority. If it simplifies the process or brings advantages, we can, after consultation with you, also book and process services on our behalf on a fiduciary basis for you.
2.7. With regard to the services of the providers, we therefore act exclusively as a placement agency commissioned by you. Your rights and obligations towards the mediated provider of the travel services result exclusively from the agreements made with them, in particular – insofar as effectively agreed – their general terms and conditions (GTC). In particular, these can regulate terms of payment, provisions on due dates, liability, cancellation, rebooking and repayment, which apply to you and oblige you to comply with them. The relevant terms and conditions of the provider will be made available to you on request, if available, for inspection and acceptance before our booking. In the absence of a special agreement or special notice, the conditions of carriage and tariff regulations issued on a legal basis by the responsible transport authority or based on international agreements also apply to carriage services.
2.8. The order placed with us is carried out according to the principles of proper professional practice. We decide at our own discretion which employees are deployed and reserve the right to replace employees at any time without prior notice and without giving reasons.
2.9. We are entitled to call in assistants to carry out the order and to use other third parties (right to substitution).
2.10. Dates and other data are binding if this has been expressly agreed. We undertake to inform you of any deviations from the specified schedule and the resulting effects, and to indicate available measures to eliminate the deviations and to meet the agreed deadlines.
2.11. The work results created by us as part of the order are aimed at you and the expressly specified group of addressees. Our work results may only be passed on and/or made accessible to other third parties with our written consent.
2.12. The text of the contract and your order data are stored by us to process the contractual relationship. As part of the contract processing, we forward the data made accessible to us in accordance with the law and the provisions of our data protection declaration ([Link]) to the providers and contractual partners you have selected (such as tour operators, airlines, credit card companies, etc.) and you will receive all the essential information from us to the concluded agency contract with the confirmation of the provider.
2.13. Cosa Travel Ltd hereby expressly declares that it only acts as an intermediary for the specified companies (tour operator, airline, hotel, car rental, shipping company, etc.) with regard to liability and therefore cannot be held liable in any way for damage of any kind, such as loss, injury , accidents, delays or other irregularities that may arise in the performance of the specified services.
3. PRE-CONTRACTUAL RELATIONSHIP AND FORMATION OF THE CONTRACT
3.1. If you would like to commission us to arrange a package tour and/or another travel service and/or event and ask us to send you an offer, we will cover our expenses for preparing the offer and the associated suggestions, consulting services, clarifications and other work at hourly rates customary in the industry, with the minimum amount being CHF 80 excl. VAT in any case, regardless of the duration of our work.
3.2. The travel services and other content presented on our website or presented by us and subsequently made available to you by e-mail or in any other way do not constitute a binding offer from us or a provider. Rather, it is an invitation to you as a customer, us to submit an offer to conclude a contract with the provider of the travel service. Our non-binding offer includes a travel proposal with essential information (e.g. number of participants, travel plan or rough travel planning, expected tour operator, budget, down payment, payment modalities) on our part and a reference to the current general travel conditions and terms and conditions of the tour operator and other companies already suggested.
3.3. With your order, which can be placed verbally, in writing, by telephone or electronically (e-mail/internet), you offer us a binding offer to conclude an agency contract for travel services and the provision of associated consulting services, which comes about through our declaration of acceptance. The conclusion of the contract does not require a specific form.
3.4. The respective contract with a provider comes about according to the law or according to the ARB of the provider. Travel conditions can be changed by the providers at any time and without prior notice. All travel conditions contained by the provider or in our offers, such as offer prices, are therefore fundamentally non-binding.
4. YOUR OBLIGATIONS
4.1. You are responsible for all decisions related to our services, the use or implementation of our work products and the extent to which they are appropriate.
4.2. You undertake to provide us with any necessary support free of charge and will provide us with comprehensive and timely knowledge of all documents, processes and circumstances that may be important for the execution of the order, even without being specifically requested to do so. Among other things, you have provided us with complete, correct and truthful information about all essential information for the provision of our services at an early stage, so that we can fulfill our obligations in a timely manner and without additional effort. This also includes travel restrictions, e.g. due to health or other circumstances. In particular, you must inform us without being asked whether there are any special needs for you or fellow travelers with regard to any restricted mobility, pregnancy, underage or the need for medical care. We are entitled to trust that the information provided to us is complete, correct and truthful and do not have to carry out any checks. We are also entitled to charge for any additional work that we incur at standard hourly rates if this is due to complete, incorrect or truthful information. You are obligated to inform us of recognizable errors or defects immediately after they have been identified. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents on mediated travel services as well as the incomplete execution of mediation services (e.g. bookings or reservations not made). If the information or notification is omitted, claims for damages from the brokerage contract shall lapse to the extent permitted by law, unless we can prove that we were aware of the incorrect and/or incorrect information, whereby our liability according to para. 10 directs.
4.3. You ensure and assure us that the information made available to us and its use to fulfill the order does not infringe any copyrights or other rights of third parties.
4.4. Statements or inquiries from you, with which framework conditions and conditions are subsequently changed (e.g. number of participants in a group, number of rooms in a hotel, category of a hotel), will be charged by us at the usual hourly rates for additional compensation.
4.5. You must find out about the general terms and conditions of providers as well as, for example, your rights and obligations as a passenger, at an early stage, if necessary with the involvement of suitable third parties.
4.6. You must observe statutory or contractually agreed deadlines. In the case of travel services arranged by us, these deadlines are not observed by asserting them against us. We must be given sufficient time to forward declarations from you to providers, whereby it is agreed that, to the extent permitted by law, we are not liable for the timely and correct delivery of such declarations.
4.7. You are obliged to transfer the necessary payments for providers to us in advance when booking and during order processing, so that we can transfer the payments to providers and third parties within the due date.
4.8. If you do not meet deadlines, we are entitled, but not obliged, to cancel bookings without prior contact, which among other things results in your obligation to pay cancellation costs.
4.9. Unless otherwise agreed, the prices advertised in a foreign currency will be converted into CHF at the internal daily rate and charged to you.
4.10. We have no influence on price, service or tariff changes of the mediated travel service. If such an agreement has been effectively agreed between you and a provider, you must transfer the amount to be paid to us immediately. We make it clear that, due to international aviation regulations, airlines reserve the right to make the following changes or modifications for important reasons: Changes to the routing of flights; Conversion of non-stop flights to flights with a stopover or to connecting flights or vice versa; change of flight times or date change up to 48 hours before departure; use of other aircraft; change of departure or arrival airports; Change of operating airline. This also applies to any changes in air transport due to official instructions. In these cases, you cannot withdraw from the travel agency contract concluded with us free of charge; there is also no claim for compensation for the additional costs incurred in these cases. In this respect, your claims can only exist against the individual airlines. If the brokered flights are special flights or scheduled flights at special prices, the airlines are entitled to increase the prices even after the contract of carriage has been concluded, based on their own valid contractual provisions. Such a price increase will be forwarded to you by us. Your option to withdraw from the contract concluded with the airline is determined by the applicable legal and contractual provisions. Statutory rights, in particular the rights from Regulation (EC) No. 261/2004, which is applicable in Switzerland on the basis of the bilateral agreement of June 21, 1999 between the Swiss Confederation and the European Community on air transport, remain unaffected.
4.11. Unless otherwise agreed, you are solely responsible for the information and timely procurement of passport, visa and health documents and other documents and travel permits required for travel, e.g. US travel permits in the ESTA procedure. This also applies to information about health police entry regulations and prophylactic precautionary measures for your health by you and fellow travelers. If we support you in this, we can demand reimbursement of the expenses incurred by us, in particular for telecommunications costs and for the costs of messenger services or relevant service companies, without any special agreement.
4.12. By registering the travel participants, you undertake to be jointly and severally liable for their contractual obligations.
4.13. You have informed us in accordance with the following provisions under margin no. 5 for our services and to transfer the costs of the provider and third parties in a timely manner so that we have enough time to pay the provider’s invoices on time. If the payment is received late and the contract with a provider can no longer be concluded (on time) or is revoked by the provider, we are entitled to charge the additional costs incurred at standard hourly rates. The same applies if we need additional documents/proof of entitlement and these do not reach us with a delay. Late means that travel services can no longer be arranged because the deadlines set by the provider have expired.
4.14. You are aware that travel involves special risks and obligations that you bear and take care of yourself. We would like to name the following points and you cannot claim that you did not know about them.
Special requests: We are happy to accept special requests, such as rooms with connecting doors, and try to make them possible. However, these mostly remain non-binding and cannot be guaranteed.
Entry regulations: Citizens need a valid travel document such as an ID or a passport for their trip, which should usually be valid for up to 6 months after the return date. Depending on the destination, you may also need a visa. We would be pleased to advise you individually. An overview without guarantee can be found on the following website: https://cibtvisas.ch/
Health regulations: Please inform yourself in good time before booking or starting your journey about infection and vaccination protection as well as other prophylactic measures. We recommend that you contact the Center for Travel Medicine, Hirschengraben 84, 8001 Zurich, Tel: 0900 575131 or your family doctor. Current information without guarantee can be found on the following website http://www.safetravel.ch
Pandemic: You are obliged to comply with the test and certification obligations caused by a pandemic (in particular COVID-19). We are not liable for non-compliance.
Political risks: The political risks of the individual countries are assessed by the FDFA and published on their website. Cosa Travel Ltd accepts no liability for damages arising from political risks.
Climatic conditions: Please refer to the Internet for the climatic conditions to be expected.
Airline tickets: The name on your airline ticket must match your passport. Name changes are not possible with scheduled airlines. The fare conditions, rebooking and cancellation options for your flight ticket were discussed with you at the time of booking or given to you in writing. Additional costs for rebooking cannot be ruled out.
Frequent flyer programs: Please check at check-in whether your frequent flyer number has been entered correctly. For technical reasons, the entry cannot always be transmitted correctly. We recommend that you keep your boarding cards to check your mileage account. Airlines will only grant mileage credits if the name on the ticket matches the name on your mileage account.
Seat reservations: Refunds of paid seat costs are not possible – there will be a 100% charge. The airline never guarantees confirmed and paid seat reservations. The flight may be operated with a different aircraft type, so that booked seats must be changed subsequently.
Unforeseen Incidents Air Travel: Cosa Travel Ltd has no control / influence over the following situations with air travel: Delays, overbookings, flight cancellations, missed connecting flights, loss, damage or delay of baggage, etc. To protect passengers, the EU has enacted air passenger rights, which you can read on the following website: http://europa.eu
“No-Shows”: If a booked flight is not taken (“No-Show”), all other flights in your booking can be automatically cancelled. If you change your travel plans, we recommend that you reconfirm all further flights. In the event of a “no-show”, all tickets may lose their value.
Check-in and baggage claim: It is the passenger’s responsibility to be at the counter in good time. Please note that our information in the travel program for the latest check-in times are guidelines and we assume no liability. Airlines are not obliged to rebook delayed passengers on other flights free of charge.
Baggage check-through and your onward boarding pass: If you have to change planes on your flight, always try to check your baggage through to the final destination and get your onward boarding pass. It is possible that the airline will not be able to check your luggage through to your final destination because the luggage has to be cleared through customs at the arrival airport in the destination country (e.g. USA). Airlines may refuse through check-in of baggage if the flights are not included in the same ticket.
Baggage: Each airline has its own baggage policy for checked baggage and carry-on baggage. The number, dimensions and maximum weight vary by class and fare type. If you take more baggage than the booked ticket allows, you will have to pay for excess baggage or, in the worst case, you will not be able to take the baggage with you. Special regulations apply to sports equipment such as golf and ski equipment. In any case, it is important to clarify these questions with your travel advisor before the trip to avoid any unpleasant surprises. Dangerous goods may not be carried in carry-on or checked baggage. You will find a non-exhaustive list with this link.
Liquids may only be carried in hand luggage up to a certain amount.
Flight reconfirmation: We recommend that you check the departure times of the booked flights with the airline, as flight schedule changes and delays may occur.
Airport Tax: Not all taxes are included in the flight price. Additional taxes may have to be paid locally.
Insurance: We recommend that you check your insurance cover (cancellation, luggage, accident, illness, aircraft accident, etc.) carefully. We would be happy to advise you on this.
Liability: We expressly declare that with regard to the services included in the travel program we only act as an intermediary for the hotels, transport companies, etc. and are therefore in no way liable for any damage (accidents, losses, delays or other irregularities) that occur in the execution of the services arise. We would like to point out that the airlines limit their liability for lost or damaged luggage to approx. CHF 30.00 per kg.
5. OUR INDEMNIFICATION, PAYMENT TERMS
5.1. All prices do not include the applicable statutory value-added tax and other taxes and duties. Unless expressly agreed otherwise, the agreed remuneration does not include any expenses and expenses. Our travel times will be remunerated unless otherwise agreed. Invoices are due within 14 days unless we indicate otherwise.
5.2. An initial reminder fee of CHF 30.00 will be charged for reminders, whereby we reserve the right, at our discretion, to issue a reminder a maximum of three times. An increased fees may be charged for second and third reminders.
5.3. You are aware that some travel service providers pay travel agents an industry standard commission of around 5-20%. You declare that you unconditionally and irrevocably agree to this amount and payment to us.
5.4. If and insofar as we do not receive a cost-covering fee for the mediation from a provider, we charge our services either at fixed prices or at standard hourly rates.
5.5. If services are billed according to expenditure, these must be agreed together with the corresponding rates and the type of billing (daily rate, hourly rate or management fee). For certain additional services, such as creating a website, handling participants, additional requests, preparing offers, we also take the liberty of charging for the service.
5.6. Overtime (work of more than 8 hours in one day) is to be paid to us on the basis of the applicable hourly rate (without further surcharges).
5.7. If a cost estimate is submitted, this has the meaning of a non-binding planning basis for the expenses for the provision of the agreed services. If it becomes apparent that the cost estimate cannot be met, we will inform you. Exceeding the cost estimate must be renegotiated by the parties and will be agreed in a written addendum.
5.8. We are entitled to issue interim accounts and to demand appropriate advance payments and reimbursement of expenses. We may make our services conditional on the full satisfaction of our claims and in the event of non-payment or default, we shall be relieved of our obligation to provide further services. In this case, we are also not liable for the damage that occurs as a result of the suspension or cessation of the services. We also reserve the right to assert further contractual and statutory rights.
5.9. You can only offset against claims that have either been legally established or have been recognized by us in writing. Furthermore, they have no right of retention and no right of lien.
5.10. Our entitlement to compensation to the agreed extent remains unrestricted as a result of service disruptions or changes, in particular with regard to travel date, travel destination, place of departure, accommodation, mode of transport, choice of provider, rebooking, by the provider or you and can increase due to any additional expenses.
5.11. In the event of withdrawal, cancellation or annulment or termination of the mediated contract with a provider, we are entitled to reasonable compensation for the services rendered.
5.12. Under no circumstances can you demand that we advance brokered services from our funds. If we advance payments to providers for you at our discretion, we are entitled to a claim for compensation and we are entitled to offset incoming payments against claims against you.
5.13. When the contract is concluded, a deposit is due, which can amount to up to 100% of the travel price. Flight tickets and insurance premiums are always 100% payable with the deposit. The remaining travel price is payable no later than 30 days before the start of the trip. Other payment dates can be agreed, but the trip is always payable before departure. Failure to pay the deposit or final payment on time entitles us to refuse the travel services after a short period of grace has expired without success. In this case, the trip will be considered canceled and the cancellation costs will have to be paid. In the case of short-term bookings, bookings for the high season or during public holidays, the entire invoice amount must be paid when the contract is concluded. Your trip will only be confirmed after proper payment has been received.
5.14. The price may change due to exchange rate fluctuations. Cosa Travel Ltd expressly has the right to adjust the price to the course actually paid for. Exchange rate fluctuations are and remain reserved. If a fixed price in Swiss francs is desired, the rate can be hedged with a forward purchase.
5.15. We will put together the costs of the services you have selected and confirmed in an “invoice” document. For your convenience, this document contains the services you have paid for directly, as well as the costs we have prepaid for you.
6. TRAVEL PLAN RESPECTIVELY. TRAVEL DOCUMENTS
6.1. With regard to the travel documents, we refer to the relevant regulations in the travel conditions of the provider concerned, which are made available to you before and during the booking. Cosa Travel Ltd strives to provide you with a summary of the services in a travel program that should help you to have a smooth trip. You will receive this travel program approx. 14 days before departure.
6.2. Airlines today only have electronic tickets (e-tickets). As a rule, an electronic booking code and an e-ticket number are transmitted in text form (usually by e-mail), which you present at check-in in connection with an identification document (identity card or passport) and thus receive the boarding pass with which you go through airport security and board the aircraft. Most airlines also offer online check-in, which allows you to print out the boarding pass via the Internet or provide it via the mobile phone screen.
6.3. In the case of hotel and rental car bookings in particular, the vouchers are transmitted by transmitting a reservation number and/or the passport for presentation to the provider.
6.4. In any case, you are obliged to check the contractual and other documents of the mediated provider, in particular booking confirmations, flight tickets, hotel vouchers, insurance policies and other documents, for correctness and completeness, in particular for compliance with the booking and the mediation order. If documents are not sent to you directly by the provider, we will send them to you at our discretion and at your expense by post, email or courier.
7. CONTRACT CHANGES (REBOOKING, CANCELLATION)
7.1. After the conclusion of the contract with the provider of the travel service, the conditions for changes to the contract that you initiate or request (e.g. rebooking, cancellation) are based on the conditions of the respective provider. In the event of changes, rebookings or cancellations, unless otherwise agreed, cancellation costs of 100% of the travel price will be incurred. In individual cases, deadlines can be agreed upon, if they are observed, cancellations are possible free of charge or at reduced costs.
7.2. We will submit special requests from you to providers, whereby in the event of partial or complete refusal, our compensation remains due.
The personal data that you make available to us will be processed and used and passed on to the respective provider insofar as they are necessary for the fulfillment of the contract. All of your personal data will be processed by us in accordance with the law. You can find more information on how we handle your data in our data protection declaration at: www.cosatravel.ch
9. TRAVEL INSURANCE
9.1. We would like to point out the possibility of taking out travel cancellation insurance when booking to minimize the risk of costs in the event of cancellations, whereby travel cancellation insurance does not usually cover the damage that may arise if you stop using travel services after you have started, even if you are not at fault.
9.2. Cosa Travel Ltd is not liable for damage that could have been avoided by taking out travel insurance if such insurance was not taken out. We would be happy to advise you on this. When paying by credit card, we strongly advise you to carefully check the terms of the contract and the maximum amount of cancellation costs. As a rule, only the cardholders are insured. If you have any questions or are unclear, please contact your credit card company immediately.
9.3. We also recommend that you ensure that you have adequate international health insurance cover when traveling abroad.
9.4. When arranging insurance, you are advised that the insurance conditions of the brokered travel insurance may contain special contractual conditions and/or obligations to cooperate, in particular exclusions of liability (e.g. in the case of previous illnesses), deadlines for reporting damage and deductibles.
9.5. There is no further obligation to provide information, advice or advice regarding the necessity, scope, coverage and insurance conditions of travel insurance, in particular travel health and travel interruption insurance, unless otherwise expressly agreed in this regard.
9.6. Insofar as the subject of our mediation is also insurance, there is no obligation on our part to provide information with regard to the insurance conditions, in particular insofar as you can gather from the documents provided or available by the provider of the travel service arranged or the information from the travel insurer about the insurance conditions, in particular the cover protection, the exceptions to the insurance coverage and the other insurance conditions accordingly.
10. OUR LIABILITY
10.1. Our liability is excluded to the extent permitted by law and if we are liable, we are only liable for damage caused by unlawful intent or gross negligence, which you have to prove.
10.2. We are not liable for successful mediation and/or the actual/defect-free provision of the travel service by the provider, but only for the due diligence-compliant advisory and mediation activity.
10.3. If you express special requests (e.g. non-smoking rooms) that are not part of the service description of the provider, we do not give any assurances either before or after the booking and assume no liability. It is exclusively a non-binding inquiry addressed to us or the provider, which does not extend or change a booked service.
10.4. We are also not liable for issuing visas, travel permits and other documents and for their timely receipt.
10.5. We cannot assume any liability or give any kind of assurance that the available information and other data, in particular with regard to prices, services, booking conditions, restrictions and dates, are up-to-date, complete and correct. The individual information on the travel services is based on the information provided by the respective provider. Furthermore, all travel services are only available to a limited extent and we are not liable for and do not give any assurance as to their availability.
10.6. We also cannot guarantee the correctness, completeness and reliability of other third-party content, in particular maps, automatic translations, customer ratings, editorial texts and images of places and regions, and we accept no liability.
10.7. Furthermore, we are not liable for the (timely) issue and access of necessary visas by the respective diplomatic representation, even if you have commissioned us to obtain them.
10.8. The forwarding of information, such as the delivery of the itinerary, takes place without liability on our part at your expense and risk.
10.9. Your claims for non-performance or poor performance as well as liability must be asserted against us in writing and justified, enclosing all the evidence that can be provided, within 30 days of the occurrence and knowledge of the circumstances from which the claims arise (period of limitation). Such claims shall become statute-barred within one year of the claim being established, to the extent permitted by law.
11. FORCE MAJEURE
11.1. We are not liable for events of force majeure that make our service more difficult, temporarily or completely impossible. All circumstances independent of our will and influence are deemed to be force majeure, insofar as they are unforeseeable, serious and not our fault. In particular, force majeure also includes war or conditions similar to civil war, official travel bans, pandemics and epidemics, strikes, weather conditions, earthquakes, volcanic eruptions and others.
11.2. If we are prevented from fulfilling contractual obligations due to force majeure, this is not considered a breach of contract and the deadlines specified in the order or based on the order will be extended appropriately according to the duration of the obstacle. The same applies if we are dependent on the services of third parties and this is delayed due to force majeure.
11.3. Cosa Travel Ltd may be instructed to recover funds for a fee.
12. DEFAULT, IMPOSSIBILITY
12.1. If we are culpably late in meeting a binding deadline, you must set us a reasonable grace period – insofar as fulfillment remains possible – and can withdraw from the contract if you culpably fail to comply. Further claims, in particular claims for damages, are excluded to the extent permitted by law.
13. POOR PERFORMANCE, LIABILITY
13.1. We undertake, at our discretion, to improve or replace defective services and work results that represent poor performance within a reasonable period of time to be set by us.
13.2. If the repair or replacement fails within the deadline, you are entitled to withdraw from the contract. Further claims, in particular claims for damages, are excluded to the extent permitted by law.
14. TERMINATION OF ORDER
14.1. Both you and we can revoke or terminate the consulting and mediation relationship at any time. The revocation or termination must be made in writing. However, if this occurs at an inopportune time, the withdrawing party is obliged to compensate for the damage caused to the other party.
14.2. In the event of cancellation or termination of the order by you, you must pay us reasonable remuneration for the work already performed and reimburse expenses. In addition, you must indemnify us for all liabilities incurred with regard to the execution of the contract.
14.3. If you are a natural person, the contract expires in the event of your death, missing person or incapacity to act as soon as we have legally certain knowledge of the reason for the termination.
14.4. If you are declared bankrupt, you will be granted the debt restructuring moratorium, and the order will only expire after it has been revoked or terminated.
15. INTELLECTUAL PROPERTY RIGHTS, WORK RESULTS, KNOW-HOW
15.1. “Work Products” means any result of the Services to be performed by us under an Order. Unless expressly agreed otherwise, we are exclusively entitled to all rights, property rights and rights to the exploitation of the contractual services and/or work results, including all intellectual property rights.
15.2. We grant you a non-exclusive, irrevocable, material, temporally and spatially unrestricted right to reproduce and use (all known types of use), edit, adjustment and modification. We grant you an exclusive, free of charge, transferrable, unrestricted and irrevocable right to the work results that are individually developed and/or provided for you in accordance with an order and extend to all known and future types of use from the time of their creation. The transfer of rights is subject to full payment of the compensation owed to us.
15.3. Unless otherwise agreed, we have the unrestricted right to otherwise use general know-how, which we have acquired in the execution of an order alone or together with you and third parties, subject to applicable confidentiality obligations and intellectual property rights.
16. FINAL PROVISIONS
16.1. We reserve the right to change these General Terms and Conditions at any time with effect for the future, without there being any obligation to notify you. The current version of these terms and conditions at the time they apply are available on the website.
16.2. The special contractual conditions of the respective order take precedence over these GTC in the event of contradictions and ambiguities.
16.3. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should there be a gap in the order, this shall not affect the validity of the remaining provisions. In place of the ineffective provisions or to fill the gap, an appropriate provision should come into effect that comes as close as possible to what the contracting parties would probably have wanted according to the meaning and purpose of this order.
17. GOVERNING LAW, JURISDICTION
17.1. For all claims arising from or in connection with an order and these GTC as well as for all non-contractual claims, Swiss law applies exclusively, excluding international treaty and conflict of laws (IPRG).
17.2. In the event of a dispute, the court at our head office, Zurich, Switzerland, shall have exclusive jurisdiction. However, we also have the right to prosecute you at the competent court of your place of residence or your registered office or at any other competent court.
17.3. General contract and business conditions: Cosa Travel publishes its GTC on its website
17.4. Cosa Travel is a member of the Guarantee Fund of the Swiss Travel Agency Association.
17.5. Complaint period: Immediately after returning, at the latest after 7 days.