General Terms and Conditions of Basel Tourismus
1. Field of application of the General Business Terms
1.1 Basel Tourism as a provider / organiser
These General Business Terms (hereinafter: General Business Terms [German abbreviation: AGB]) shall regulate the contractual relationship between the customer and Basel Tourism (Association with the registered seat in 4010 Basel, Aeschenvorstadt 36) regarding services, with regard to which Basel Tourism appears as the Provider / Organiser itself (e.g. guided city tours, City Treasure Hunt, BaselCard, package offers, etc.). These General Business Terms must be accepted by the customer at the time of the order. The details shall be regulated in Subclause III below.
1.2 Basel Tourism as an intermediary of services of third parties
If Basel Tourism acts as an intermediary for services of third parties (e.g. hotel bookings, rooms for occasions, tickets for events, etc.), the contract will be concluded between the respective third party and the customer. Nothing will change with regard to the fact that the contractual relationship exists between the third party and the customer in this case, by a possible processing of the order process by Basel Tourism either. In any case the General Business Terms of the respective service provider, which is explicitly mentioned with the offers, shall apply. The details will be regulated in Subclause IV below.
2. Website of Basel Tourism www.basel.com
2.1 Contents of the website of Basel Tourism
Basel Tourism operates the website www.basel.com and offers its own services on this site. The site, moreover, offers third parties the opportunity to offer their services.
2.2 Exclusion of warranty and liability
Basel Tourism shall apply all care and attention in order to guarantee the reliability of the information, which is published on its website. It will, however, explicitly not assume any warranty for the accuracy, reliability or completeness of the information. Basel Tourism can further not assume any responsibility for an uninterrupted functioning of the website or that the server does not feature any harmful parts. All liability of Basel Tourism, which arise from the access to the elements of the website or their use, is excluded.
Basel Tourism is neither responsible, nor can it be held liable for the contents or the functioning of linked websites of third parties. The organisation has no influence on the content-related design of these websites. The consultation of these websites is carried out at the risk of the customer.
3. Basel Tourism as organiser / provider
3.1 Basel Tourism as organiser
If Basel Tourism appears as the organiser of offers such as guided city tours, package offers or guest cards, the contract will be concluded between Basel Tourism and the customer.
3.2 Conclusion of the contract with Basel Tourism
The offers on the website or in other means of communication of Basel Tourism shall represent non-binding offers (invitation to submit an offer). With his order (in writing, by e-mail, by telephone, by sending the completed input mask) the customer will submit a binding offer to Basel Tourism for the conclusion of the contract and accepts the General Business Terms of Basel Tourism as well as the terms and conditions for cancellation. If the receipt of the order is subsequently confirmed for the customer (by telephone, in writing, by sending an e-mail or by a system message) this confirmation of receipt shall not yet represent any acceptance of the offer. The contract will only be concluded if Basel Tourism accepts the customer’s offer and explicitly confirms the order towards him.
If the customer has merely sent a non-binding enquiry for an offer by telephone, in writing, by e-mail or by sending the completed input mask, the reply of Basel Tourism will represent the binding offer for the conclusion of a contract. In this case the contract shall be concluded with the explicit acceptance of the offer by the customer.
3.3 Fulfilment of the contract and cancellation
Basel Tourism undertakes to correctly fulfil contractual services. However, it is explicitly pointed out that in case of events offered by the organisation the organiser will not inevitably wait for late participants; this is in no way to be assessed as a bad fulfilment of the contract by Basel Tourism.
If the service becomes impossible after the conclusion of the contract for reasons, for which Basel Tourism is solely responsible, respectively cancelled by Basel Tourism, payments already made by the customer will be reimbursed. Possible still outstanding receivables of Basel Tourism towards the customer from the cancelled booking will be cancelled.
If the service becomes impossible for reasons, for which Basel Tourism is not responsible, respectively the service is cancelled by Basel Tourism, there is no obligation for a refund by Basel Tourism.
The cancellation conditions of Basel Tourism listed under 6. – 8. shall be decisive for the financial consequences of a cancellation of the service by the customer, which must be accepted by the customer with the order.
3.4 Liability of Basel Tourism
Basel Tourism will merely be liable for wilful intent and gross negligence in the cases mentioned in this Subclause, in which it appears as organiser / provider. The liability for slight negligence as well as the liability for assistants is excluded. Basel Tourism shall in no way be liable for the personal fault of the customer and for the fault of third parties. The liability for missed profit or for further direct or indirect follow-up damages is excluded. Excluded is moreover the liability, which arises from the access to elements of the website www.basel.com or its use.
The customer is solely responsible for the safe storage of valuables during events, which are carried out by Basel Tourism.
3.5 Sale of merchandising articles by Basel Tourism
The sale of merchandising articles by Basel Tourism is exclusively oriented to the provisions of the Swiss Code of Obligations concerning the purchase (OR 184 et seqq.).
3.6 Sale of guided city tours and city treasure hunts by Basel Tourism
In addition to the provisions listed under 1. to 4., the following conditions apply to guided city tours and city treasure hunts organised by Basel Tourism:
3.6.1 Group tours and city treasure hunts
3.6.1a Terms of payment for group tours and city treasure hunts
Payment for guided city tours and city treasure hunts is by credit card. A fee of CHF 25 is charged for issuing an invoice. Basel Tourism reserves the right to issue an advance invoice for confirmed services. All prices are in Swiss francs and include VAT at the statutory rate. The conversion into euros is made at the exchange rate of the day.
3.6.1b Cancellation costs for group tours and city treasure hunts
In the event of cancellation by the client, the following costs will be charged:
- No-show of the group: 100%
- 0 to 5 days before the tour: 100%
- 6 to 14 days before the tour: 50%
- After booking until 15 days before the tour: 10% of the total costs
Confirmed services of partner institutions (bus companies, restaurants, etc.) are subject to the conditions of the respective company. Any cancellation costs will be passed on directly without a surcharge.
The first rebooking of an order is free of charge. A handling fee of CHF 25 will be charged for each additional rebooking.
3.6.1d Delays / waiting times of guides
In the event of a delay, the time of the guided tour will be shortened accordingly. Our guides will wait on site for a maximum of 30 minutes.
3.6.2 Public guided tours and self-guided tours
3.6.2a Terms of payment for public guided tours and self-guided tours
Tickets for public guided tours can be paid for in cash or by credit card at the Tourist Information office or online by credit card.
3.6.2b Cancellation conditions for public guided tours and self-guided tours
Cancellations and changes made up to 48 hours before the start of the guided tour are free of charge. If you make any changes or cancellations after this time or fail to show up for the tour, the full price will be charged. Exceptions are shown in the booking process. Basel Tourism reserves the right to cancel public guided tours due to minimum participant numbers and force majeure. In this case, the client is entitled to a refund or exchange.
3.6.3 Provision of a guarantee
Basel Tourism may at any time request a credit card as a payment guarantee for the binding confirmation.
3.6.4 Special conditions for Novartis Campus tours and Roche Building 1 and 2
Participation in the guided tour and access to the company premises are only possible for registered visitors. To register, a list of all participants with first name, surname and date of birth is required. A valid ID must be brought and shown for the tour.
3.6.5 Special conditions for Segway tours
Participants between 14 and 16 years of age must be in possession of a valid category M driving licence. The participant must weigh a minimum of 40 kg and a maximum of 120 kg. Prior consumption of alcohol and drugs and the use of strong medication are not permitted. Participants who opt out of the tour after the practice session will be refunded 50% of the price. As the organiser of Segway tours, Basel Tourism reserves the right to cancel a tour in the event of unfavourable weather conditions, should safety no longer be guaranteed. In this case, any amounts already paid will be refunded.
3.6.6 Programme changes and cancellation of a guided tour by Basel Tourism
A guided tour may be subject to change due to unforeseeable circumstances. In this case, Basel Tourism will endeavour to find an equivalent replacement or another suitable solution. In the event of force majeure, official measures, accidents, technical defects, etc., Basel Tourism may cancel a guided tour and refund the amount already paid.
3.7 Sale of package offers by Basel Tourism
In addition to the provisions under 1. to 4. The following terms and conditions will apply to package offers sold by Basel Tourism:
3.7.1 Package offer
It is deemed a package offer if the accommodation (at least one overnight stay) is offered together with another tourist service at a total price.
3.7.2 Terms of payment
Within the framework of a package offer the advance payment of the package offer price is due upon conclusion of the contract. The prices are principally deemed in Swiss Francs and including VAT. The statutory guest tax per person and per night will be added to the accommodation price. A fee in the amount of CHF 25 will be charged for the issue of an invoice.
3.7.3 Cancellation costs
3.7.3a “Art Basel”, “Basel Tattoo”, "CHI" and “Swiss Indoors” package offers
The following costs will be invoiced with a cancellation by the customer:
- No-show for a package offer: 100%
- 0 to 2 days before the overnight stay: 100%
- 3 to 20 days before the overnight stay: 75%
- 21 to 45 days before the overnight stay: 50%
- After completion of the booking up to 46 days before the overnight stay: processing fee of CHF 50
3.7.3b All other package offers
The following costs will be invoiced with a cancellation by the customer:
- No-show for a package offer: 100%
- 0 to 2 days before the overnight stay: 100%
- After completion of the booking up to 2 days before the arrival until 12pm: free of charge
In the event that the registered person is prevented, a substitute person can principally be named, who takes the arrangement over at the same conditions. The pre-requisite is that the substitute person assumes joint and several responsibility for the product price and the service providers involved in the package offer (e.g. hotels, event organizers, etc.) accept this change.
3.7.4 Cancellation costs insurance
Cancellation costs insurance can additionally be concluded against a surcharge and covers the cancellation costs in case of illness, accident or the death of travel participants or persons related to him. In these cases the reason for the cancellation is to be proven in addition to the written cancellation and travel documents, which have already been handed out, are to be returned. Incurred processing fees (Point 3.7.3) are not covered by the insurance.
3.7.5 Programme changes and cancellation of the package offer by the organiser
The package offer can be changed due to unforeseeable circumstances. In this case Basel Tourism will make every effort to provide an equivalent substitute or find another suitable solution. A possible reduction in value between advertised and actually provided services will be remunerated if Basel Tourism or a service provider is at fault according to 4. In case of events of force majeure (natural disasters, civil commotion, strikes, etc.), official measures, general averages, technical defects, etc. Basel Tourism can cancel the offer. If the offer is cancelled by Basel Tourism before commencement of the travel, the already paid package offer price will be reimbursed.
A processing fee of CHF 50 will be due for each re-booking.
If the package offer does not correspond with the contractual agreement or if a damage is suffered from this offer the corresponding deficiencies or damages must be reported to the relevant service provider immediately. If no suitable solution could be found at the service provider on site and the deficiency can thus not be remedied or only insufficiently then a corresponding written complaint is to be lodged with Basel Tourism by no later than 30 days after the contractually agreed end of the offer. All claims will lapse if the complaint is not reported to the service provider on site or the deadline for the written complaint at Basel Tourism is not adhered to.
The BaselCard entitles to the free or discounted receipt of services of third parties. Basel Tourism will not be liable for insufficiently provided services of third parties. The availability of the services can be subject to seasonal fluctuations.
4. Capacity as an intermediary for services of third parties
4.1 Third parties as organiser and contractual partners of the customer
If Basel Tourism acts as an intermediary for services of third parties (e.g. hotel rooms, transfers, support programmes, etc.), the contract concerning the content-related service of the third party shall be concluded between the customer and the corresponding organiser. Basel Tourism shall not be deemed as a contractual party. The services of third parties are subject to the contractual terms and conditions of the service provider.
4.2 Conclusion of the contract with the third party
The offers of third parties on the website or in other means of communication of Basel Tourism are to be seen as non-binding offers of the third party. With his order (in writing, by e-mail, by telephone, by sending the completed input mask) the customer submits a binding offer to the third party for the conclusion of the contract and accepts the General Business Terms of Basel Tourism as well as the cancellation conditions of the third party. If the receipt of the order is subsequently confirmed for the customer (by telephone, in writing, by sending an e-mail or by a system message) this confirmation of receipt shall not yet represent an acceptance of the offer. The contract with the third party will only be concluded when the offer of the customer is accepted and the order is explicitly confirmed towards him.
If the customer has merely sent a non-binding enquiry for an offer by sending the completed input mask, the incoming reply will represent the binding offer for the conclusion of a contract with the third party. In this case the contract with the third party will be concluded with the explicit acceptance by the customer.
4.3 Fulfilment of contract and cancellation
The third party is exclusively responsible for the fulfilment of the contract as contractual partner of the customer. The contractual terms and conditions of the third party are decisive. Basel Tourism shall not assume any warranty whatsoever for the correct fulfilment of the contract by the third party. Possible complaints are exclusively and immediately to be directed at the third party.
The General Business Terms or the cancellation conditions of the third party shall apply in the event of a cancellation.
4.4 Exclusion of liability
Basel Tourism will in no way be liable for damages, which the customer suffers in connection with the service of the third party. Possible claims for damages are to be asserted against the third party.
4.5 Terms of payment
In the absence of an agreement of the parties to the contrary in an individual case, selected debit and credit card payments as well as on site cash payments in Swiss Francs and in Euro will be accepted. Basel Tourism reserves the right to issue an advance invoice for confirmed services. All stated prices are deemed in Swiss Francs excluding the applicable rate of VAT.
4.6 Group events with overnight accomodation
The following conditions will apply to accommodation for groups mediated by Basel Tourism in addition to the provisions under 1. To 5.:
4.6.1 Offers for group travel
If a cancellation is issued by the customer after the service of documents with several offers Basel Tourism will invoice a processing fee in the amount of CHF 50.
4.6.2 Cancellation costs
In addition to possible cancellation costs according to the cancellation conditions of third parties Basel Tourism will charge a processing fee of CHF 50 in all cases.
4.6.3 Coordination of room contingents
For events, with which Basel Tourism takes over the coordination and management of room contingents (call order contingents), a service fee in the amount of CHF 450 per order will be charged. This fee includes the creation of an online reservation link for the organiser’s website.
5. Default of payment
If, by the due date, the customer has neither paid the invoice in full nor raised an objection against this citing reasons, he is automatically in default of payment. The customer bears all costs incurred by Basel Tourismus through this default of payment. In particular, the customer shall owe Basel Tourismus default interest of 5% as well as a dunning charge of CHF 30.- per reminder.
6. Intellectual property / intellectual property rights
The entire contents of the website www.basel.com as well as the contents of the newsletter, which can be subscribed, are protected under copyright law. The owner of the protected elements is either Basel Tourism or third parties, which have approved a use of the elements by Basel Tourism. The visitors of the website are neither granted a property, nor a right of use to elements of the website or to software, in particular no licence to contents protected under copyright law or trademark law.
The contents and all elements on the website may only be downloaded or printed out if neither copyright notices or other protected designations are removed and if details of the source are provided. Basel Tourism explicitly reserves all rights.
The full or partial reproduction, transmission, modification or use of the website www.basel.com for public or commercial purposes is forbidden without the prior written consent of Basel Tourism.
7. Data protection
Basel Tourism undertakes to treat personal data (data about a certain or definable person) according to the stipulations of the Swiss data protection legislation. Reference is made in this respect to the privacy statement of Basel Tourism.
8. Joint final provisions
8.1 Severability clause
Should one provision of these General Business Terms be invalid in full or in part, this will be replaced by an equivalent provision, which shall as far as possible correspond with the commercial value of the invalid provision. The validity of the other provisions is not affected hereby.
8.2 Adjustment of these General Business Terms
Basel Tourism reserves the right to change these General Business Terms at all times. The respective valid version will be published on www.basel.com and applies to orders, which are placed from the activation date. The respective valid version at the time of the order is decisive.
8.3 Place of jurisdiction and applicable law
Swiss law is exclusively applicable to the contractual relationship between Basel Tourism and the customer. Subject to a mandatory place of jurisdiction the courts at the registered seat of Basel Tourism have jurisdiction for disputes between Basel Tourism and the customer.
Version no. 5, March 2020