Terms and Conditions

 

We are Rojas Vagabond Trails and we look forward to the opportunity to organise your hiking or running tour or event. These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us" and "our" refer to Rojas Vagabond Trails. The term "you", “your” refers to the customer visiting our website, booking a reservation through us or otherwise using our services.

Our Agreement With You

We sell a variety of travel related products from different suppliers and service providers, such as hotels, mountain huts, guides and other professionals ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Our website, which is referred throughout this Agreement, can be found at www.vagabond-trail.com. Rojas Vagabond Trails is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g. ground transportation, hotel and hut accommodations, meals, tours etc.). You will be entering into a separate contract with such Suppliers in connection with such products and services.

Deposits and Payment

Any deposits from you are non-refundable. Payment of a deposit enables us to hold a reservation for you. We will advise you of the date that full payment is required (generally 45 days before the start of the tour). Payments of deposits are required at the time of booking. Deposits are generally 20% of the total amount, unless a Supplier requires a greater amount to secure a booking, or other information is available on the tour page. Upon your provision of your payment information, you are authorising us to make the payment arrangements with the corresponding Suppliers. We reserve the right to refuse personal checks as a method of payment.

Cancellations and Changes

Your contract with us or your Suppliers may allow them to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or cancelling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will apply.

We endeavour to always deliver on our tours. However, we operate in the Alps and the weather can change on short notice making it unsafe to venture into the mountains. In case of bad weather forecast, the tour may be altered. We will inform you via email or telephone at least one day before the tour. In case of very bad weather forecast we may be obliged to cancel the tour completely. This is always very unfortunate, but these are the unforgiving constrains of the alpine environment. If the tour is cancelled, a refund will be made, excluding the cost of cancellations with Suppliers and our standard fees.

In case not enough people are registered to a group tour, we may decide to cancel the tour. In this scenario, all participants will receive a full refund. Any costs incurred by you to be able to participate to the tour (booking of hotel rooms on location, transports, train tickets, etc.) will not be refunded by us. 

Any type of bank fees incurred to proceed with a refund to a participant will be at the cost of you. 

 

Your Agreement With Us

Your Acceptance of these Terms and Conditions

By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent in the booking to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.

You represent and warrant that (a) you are of minimum 18 years old and can create binding legal obligations in connection with your use of our services or website, (b) you are legally authorised to act on behalf of those you represent in the booking and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.

If You Change Your Booking

Where a change requested by you to your travel arrangements is permitted and possible, our service fees will apply in addition to any additional Supplier charges. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.

If You Cancel Your Booking

If you cancel your arrangements, you may be entitled to a partial refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply. If you decide to cancel arrangements after paying the deposit but before the balance due date, the deposits paid are non-refundable.

Any cancellation received after the balance due date, but before 30 days of the start date of the tour will be refunded, less our standard fees and the deposit made. Any cancellation received less than 30 days before the tour date will not be refunded, except if you are able to propose another person to replace you and providing that this information and payment is provided to us no less than 3 days before the tour date. Refunds will only be paid to you once we have received the funds back from the Supplier(s).

If You Have a Complaint

If you have a problem during your tour, please inform the relevant Supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.

Late Arrivals and Early Departures

No refund will be made for any tour hours or days missed due to late arrivals or early departure by you. 

It is very important that you arrive on time for the start of a tour. Any delay from a participant could jeopardise the opportunity for the rest of the group to enjoy the tour. In case of a late arrival by you that we are unable to accommodate, your tour will be cancelled without refund. It is thus important to contact us if you are late to see if we can make arrangements for you to catch up with the tour.

In case of an early departure, you will bear all the costs and responsibility that it may involve (additional guides hire, transport, hotel room, etc.). If the departure is due to an illness or an accident, you will use your personal health, accident or mountain rescue insurance to which you will have subscribed prior to the tour. If you leave the tour before its completion, you will not be able to receive any refund for the time missed. 

Responsibilities and Insurances 

Insurance is a vital part of your arrangements. You are obliged to take out adequate insurance for the duration of your journey. Travel insurance, health insurance, accident insurance, mountain rescue insurance, personal liability insurance are mandatory elements of our tour arrangements. We are not able to arrange or advice regarding insurances that you may need in addition to the previously mentioned insurances. This insurance must be valid for the location and time where and when the tour is to be held.

All participants to the tours should be aware that by taking part in a tour they can run certain risks related to travel, transportation, outdoor activities, eventual remoteness of medical facilities, etc. They must therefore, bear all risks they may be involved with (injuries, property damage, death, medical expenses, repatriation expenses, transportation costs for abandonment of the tour, economic losses, etc.), and hereby release us and not hold us responsible for any and all liability, actions, causes of actions, debts, claims, and demands of every kind and nature in connection with your participation in any tour arranged by us. The terms hereof shall serve as a release and assumption of all risk by you, your heirs, executors and administrators, and for all members of your family.

You are financially liable for property and personal damage, even accidental, caused to third persons or property, including those owned by us. 

We cannot be responsible for any theft, accident or loss that may occur during the course of a tour. 

Participation in a tour is done at your own risks. The price of the tour does not include any mountain guiding from us and therefore you accept to attend under your sole responsibility. You are responsible for yourself and your own material and equipment. If requested by you, we will hire a mountain guide to guide you through the mountains. Swiss law does not require any mountain guiding qualifications for tours in the mountains not exceeding level T3, which is where we limit our tours (See Ordinance on Mountain Guides and Organisers of other High-Risk Activities SR 935.911).

We will not bear any responsibility for services that are beyond our control, such as lifts, huts, mountain cabins, hotels, restaurants, airlines, guides and transportation companies. 

Under no circumstance will we be liable for additional costs, loss, damage or personal injury, death, economic losses and delays caused by third party agencies or companies, if not directly related to negligence from us. 

We cannot be held responsible for incidents or events unforeseeable and external to us during the tour such as war, political unrest, strikes, incidents caused by terrorist activity, natural or nuclear accidents, evacuations, maintenance problems of means of transportation, schedule changes, fires, technical problems beyond the control of us, airspace congestion, bad weather, safety measures, failure, etc. causing delays and/or changes in itinerary, for which you will bear any additional costs associated with such events but not those relating to the provision of the original contractual benefits or agreed to replace them. 

You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.

You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us.

Photographs and videos may be taken during our tours and could be used for marketing activities. If you do not want to be featured in marketing materials, please let us know.

 

Additional Terms

Warranties, Disclaimers and Limitation of Liability

For the avoidance of doubt, references herein to "us" "we" and "our" shall also refer to our affiliates. The information, products, and services provided by us or our Suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information, products, and services provided by us or contained on our website for any purpose. The inclusion or offering of any products or services by us does not constitute our endorsement or recommendation of such product or service. All such information, products, and services are provided "as is" without warranty of any kind. We disclaim all warranties that our website, its servers or any email sent from us or our suppliers are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.

If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of the service fees you paid to us in connection with such transaction(s). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

General

We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.

We reserve the right at any time to modify this Agreement without prior notice to you. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.

This Agreement shall be governed by the laws of Switzerland. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.