General Terms and Conditions

General

The ticket purchaser (Ticket Purchaser) acknowledges that rights and obligations arising from the ordering of tickets and/or the use of other services offered are exclusively between Subsprit AG (Organiser) and the ticket purchaser. This applies in particular to any claims for reimbursement.

The present General Terms and Conditions of Business of Subsprit AG apply to all orders placed via the online shop at www.subspirit.ch as well as to the arrangement of diving trips. 

By clicking on the checkbox: "I have read and accepted the General Terms and Conditions", the Ticket Purchaser declares that he/she accepts and complies with the General Terms and Conditions.

Contracting parties and subject matter of the contract

In the online shop at www.subspirit.ch, the Customer can order vouchers, gift certificates and travel tickets. When vouchers (value vouchers and vouchers) are ordered, the service provided by Subspirit AG is limited to the sale of the voucher in question and the free mediation of the service contract (known as the transport contract) between the customer and Subspirit AG. 

The performance of the diving trips is the sole subject of the transport contract between the Client and Subspirit AG and is owed and performed exclusively by Subspirit AG. The transport contract shall be governed by the General Terms and Conditions of Subspirit AG, which shall be made available to the Customer when the voucher is redeemed. The Customer shall be informed of important special features (e.g. participation requirements, procedure in the event of non-performance) during the ordering process in the online shop.

Formation of the contract, contract language, code of conduct

The contract is concluded when the customer accepts the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, the customer receives a confirmation by e-mail.

The text of the contract is sent to the customer in text form with the confirmation of receipt. The language available for the conclusion of the contract is German.

Prices and terms of payment

The prices quoted in the online shop are total prices including the statutory value added tax. The full invoice amount is due upon conclusion of the contract. Payment can be made by credit card, Postfinance card and on account. The selection of the desired method of payment is made during the ordering process. There is no entitlement to the use of a particular payment method.

When selecting the payment method credit card / Postfinance, the customer simultaneously transmits his credit card data to the provider when placing the order. After the customer has been legitimised as a legitimate cardholder, the provider shall request his credit card company to initiate the payment transaction immediately after the conclusion of the contract. The payment transaction is carried out automatically by the credit card company.

Regulations of the Organiser and validity and return of the ticket / voucher

The regulations of Subspirit AG (safety requirements, age and other access restrictions, etc.) must be complied with. Any misuse of the tickets is prohibited. The customer must ensure that the ticket is protected against misuse (e.g. unlawful copying, alteration or printing by unauthorised persons). The QR code and/or barcode must be machine-readable.

Return or exchange of tickets is generally excluded. In case of postponement of diving trips, the tickets are automatically valid for the date of postponement. In case of cancellation of a dive trip, the claim for refund is based on the following conditions:

In case of cancellation of a booked and confirmed dive trip by the customer, the following partial invoice amounts will be retained:?

30% up to 14 days before the dive?
50% up to 10 days before the dive?
100% within 5 days before the dive

Subspirit AG issues vouchers with a nominal value in Swiss francs. The customer may use the value voucher as a means of payment within the scope of its nominal value with Subspirit AG. If the price of the product is less than the nominal value of the voucher, the excess amount shall remain included in the voucher as the difference. The Customer may redeem the voucher several times in the online shop within its period of validity until the nominal amount is exhausted. If the price of the product is higher than the nominal amount of the voucher, the customer must pay the remaining amount. Any remaining amount on the voucher will not be paid out to the Customer in cash.

Subspirit AG issues trip tickets / vouchers that entitle the customer to participate in a dive specified by certain criteria (type, duration, location, number of participants, etc.) on a booked dive. Unless otherwise expressly agreed, no further remuneration shall be owed to Subspirit AG. The customer shall have a claim to the arrangement of the dive shown on the travel ticket / voucher within the period specified therein, and participation shall also take place within this period. After expiry of the deadline, the voucher can be extended at any time for an expense fee of CHF 80.

The value voucher entitles the holder of the voucher to redeem the stated amount. Vouchers entitle the holder to take one dive of the specified length. Value vouchers can be deducted from the total price.

If it is physically or mentally unacceptable for the customer to take the dive, he/she can return the voucher within the first year of purchase and the amount paid in will be refunded, minus a handling fee of CHF 80. 

The amount will be refunded to the customer in the form of a value voucher if the dive is cancelled by Subspirit AG due to bad weather or another compelling reason such as an intervention by the authorities or a technical problem. In addition, any right of withdrawal vis-à-vis Subspirit AG shall be governed by its General Terms and Conditions.

For the purpose of redeeming the voucher, the customer logs into the Subspirit AG ticket system and selects the date and time that suits him/her and converts his/her voucher into a travel ticket.

If the passenger does not show up or shows up too late, the ticket is forfeited without replacement. Latest arrival time is 15 minutes before the time selected in the booking calendar. 

General conditions for participation

The general requirements for participation apply exclusively if nothing to the contrary is agreed in the General Terms and Conditions of Subspirit AG.

The prerequisite for participation is the personal suitability of the passenger. In the following cases, participation in the dive is only possible after prior consultation with Subspirit AG. If one or more of these points apply to you, please contact us 2 days before the dive.

- Persons with a height of more than 2 metres
- Persons with a weight of more than 110 kg
- pregnant women
- Persons with pacemakers etc.
- In the case of physical or mental impairments

Alcohol consumption and narcotics

Participation under the influence of alcohol and narcotics is prohibited.

Passengers must strictly comply with the instructions of Subspirit AG. The pilot has the authority to make decisions on board and can exclude passengers from the dive who do not comply with the instructions or otherwise endanger or make the dive impossible. He can also cancel the dive at any time. In this case, the ticket price paid will not be refunded. Any additional costs (e.g. for the return journey) shall be borne by the passenger. Claims for damages on the part of Subspirit AG and the other passengers remain reserved.

Compliance with legal requirements

The passenger is responsible for compliance with the relevant regulations. In the event of a breach of these regulations or a justified suspicion of a breach, Subspirit AG is entitled to exclude the passenger from the dive or to cancel the dive.

Execution and postponement of the dive

Subspirit AG shall decide on the organisation of the dive and any postponements. In the event of unfavourable weather conditions or operations for authorities, Subspirit AG has the right to cancel booked diving trips and is only obliged to replace the ticket.

The finding of the chosen sight / wreck cannot be guaranteed. If the wreck is not found, the passenger has no right to a refund of the ticket. 

If the dive cannot be carried out for reasons for which neither party is responsible, the dive will be carried out at a later date with full credit for the face value of the redeemed voucher. 

If the dive cannot be carried out for reasons for which Subspirit AG is responsible, the dive shall be carried out at a later date with the nominal value of the voucher/ticket being credited. The passenger cannot demand a refund of the purchase price. 

If the dive cannot be carried out for reasons for which the passenger is responsible, the voucher/ticket expires. Its face value will not be refunded. Any additional costs shall be borne by the passenger. Subspirit AG reserves the right to assert claims for damages. In the event of no-show or late arrival, the ticket will be cancelled without replacement and will not be refunded.

Personal data / photos

The Customer acknowledges and agrees that Subspirit AG and its suppliers may obtain knowledge of personal data in connection with the provision and maintenance of the system and the provision of services. This personal data will be used in connection with ticket purchases and access control, insofar as this is useful for the event.

Subspirit AG may continue to use the personal data for its own needs in compliance with all legal provisions.

Subspirit AG undertakes to use the personal data further or to pass it on to third parties only with the express consent of the Customer and in compliance with all legal provisions. 

As a passenger, you agree that Subspirit AG may use photos in which you can be seen without restriction and without incurring any costs.

Photos taken by passengers may be used by Subspirit AG without restriction and without incurring any costs.

Disclaimer

Passengers take part in diving trips at their own risk. Any liability is excluded and rejected.

Subspirit AG shall not be liable for damage caused by the use of the Subspirit AG website as a result of malfunctions, interruptions and overloading of the IT system on the part of Subspirit AG, its suppliers or the user. Subspirit AG accepts no liability for any damage caused by misuse of or unlawful interference with the system.

The warranty law of the Swiss Code of Obligations applies. Our customer service is available free of charge by telephone on 079 / 209 90 00 (Mon.-Fri. 08-17 hrs).

Final provisions

Subspirit AG reserves the right to amend these General Terms and Conditions at any time without giving reasons. Such changes shall not apply to orders already placed. Should individual points of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remainder of the contract. The place of jurisdiction is Engelberg, Switzerland. The mandatory places of jurisdiction of federal law remain reserved. The GTC are subject to Swiss law. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.