General Terms of Conditions (GTC)

General Terms of Conditions (GTC)

General terms and conditions (GTC) of MORYAK Premium Sea Kayaking

1. General

The following general terms and conditions regulate the business relationships between MORYAK Premium Sea Kayaking (hereinafter "we", "MORYAK" or "the organiser") and its customers (hereinafter "participants" or "you").

1.1 Explanations of the terms "guide", "guide team" and trip leader
This means the tour or course management used by MORYAK. This can consist of one or more guides (guide team). If the programme is managed by a guide team, a tripleader is always chosen in advance, who will take on the leading function in the team and who has decision-making authority on site in important questions (e.g. in connection with the feasibility of a planned programme or a specific stage). If a tour is only led by one guide, it is always a trip leader.

2. Registrations

2.1 Registration
Registration for a programme takes place either via the registration window on our website or by e-mail and is legally valid. Registration via the channels (website, email, etc.) of our partner Siesta Oppi Kanu Shop GmbH is also valid. In any case, the general terms and conditions of MORYAK Premium Sea Kayaking apply, which you accept with your registration.

2.2 Checking the fulfillment of the participation requirements
After receiving your registration, MORYAK will check whether your previous knowledge, experience, physical fitness and your state of health meet the requirements of the tour booked. This usually happens by sending a link to a questionnaire, which you have to send back to us (unless otherwise specified) within 14 days. During this time your space is reserved. If you fail to return the completed questionnaire on time, your reservation will lapse.

If, after checking the returned questionnaire, we come to the conclusion that you do not meet the participation requirements or that there are health concerns regarding the safe implementation of the booked tour, we can refuse you participation in the booked programme and, if necessary, suggest an alternative. In this case you are not obliged to accept this offer. If no suitable or mutually acceptable programme can be found in this way, the registration is considered null and void and no booking or cancellation fee is due.

The prerequisites for participation are described separately for each program. The minimum for any programme, however, is swimming skills and no panicking fear of water.

2.3 Booked programs
MORYAK endeavors to mark fully booked programs as "fully booked" as soon as possible on its website (and possibly the website of our partner Siesta Oppi Kanu Shop or other intermediaries). However, if it happens that a programme is already fully booked when you register, you are not entitled to participate. We will then inform you as soon as possible and, if necessary, look for a suitable replacement programme together with you. In this case you are not obliged to accept this offer. If no suitable or mutually acceptable programme can be found in this way, the registration is considered null and void and no booking or cancellation fee is due.

3. Definition and limitation of services

3.1 No package tours
MORYAK is not a tour operator in the sense of the Package Tourism Act, but a provider of kayak tours and courses. No other services are bundled into a package (i.e. combined with the activities mentioned). Our offers are aimed at paddlers with a thirst for adventure and a sense of community, not at package tourists.

“No package tours” means in particular:

MORYAK is not responsible for your accommodation. Even if in individual cases we take over the coordination of reservations for holiday apartments or campsites etc. for easier processing, this is explicitly not part of a possible service package. We have no influence on the quality of the accommodation and therefore reject any responsibility for it. At campsites, the participants pay for the accommodation they have chosen (tent, camper, bungalow, etc.) and settle directly with the operator of the facility. In the case of jointly rented holiday apartments, billing is done internally.

MORYAK is not a passenger transportation company. The arrival and departure to / from the programme is the responsibility of the participants and not a service of the organiser. In the sense of a more ecological and resource-saving practice, MORYAK usually tries organize carpools together with the participants. In individual cases, it is also possible that places in the vehicles of the organizer are free and to participants be given without a ride. However, these are explicitly private carpooling opportunities that have no connection with the services provided by the organiser. There is no entitlement to ridesharing, and MORYAK is not responsible for comfort or for accidents or incidents on such trips.

In principle, the catering on our programmes is the responsibility of the participants. MORYAK declines all responsibility for group catering. Our guides are not responsible for cooking, assembling and disassembling the tents or washing the dishes. On the contrary, they are encouraged to protect themselves after their job on the water as much as possible in order to prepare for their next day on the water. We assume that the food preparation and washing up is done jointly in the group and that it is bought and billed through a group kitty. Of course, nobody is obliged to do this. That means, if you wish, you can organise and pay for your meals completely independently of the group.

A tour or a course (= "programme") begins and ends on the water with the provision or clearing of the boats and the gear or after the end of a lesson on land. This also applies to multi-day programmes. MORYAK therefore categorically declines responsibility for all accidents that occur before or after the end of the programme, e.g. on the arrival and departure of the participants. The same also applies to accidents that occur before or after the end of a paddling day, e.g. when cooking or making a fire (etc.). MORYAK also declines all responsibility for allergies, intolerance or other problems related to the consumption of the food prepared by the group.

4. Exclusion of participants, cancellations, and programme changes

4.1 Weather, natural disasters, crises and force majeure
If, due to storms, political unrest and crisis situations, floods, nuclear accidents, natural disasters or other situations, it is feared in advance that the safe implementation of a planned programme cannot be guaranteed, the organiser is entitled to cancel it at any time. In this case there are no cancellation costs for you. Payments already made by you will be reimbursed in full. If possible, the organizer offers a replacement program. In this case, however, you are not obliged to participate.

If weather deterioration or other events occur during a running programme that endanger the safe further execution (or partial execution) of the programme, MORYAK is entitled at any time to make changes in its course (e.g. route changes, schedule changes, abort etc.). Such changes are no reason for reimbursement-claims. This is an essential part of our dynamic risk management. The decision-making power is subject to the tripleader or guide team on site, consultation with the management is not necessary.

4.2 Exclusion of participants
Before starting the tour, you are obliged to confirm with your signature that you are not under the influence of alcohol or drugs and that you are physically fit. You will not be able to participate in the planned activity without your confirmation.

Likewise, the guide team or the tripleader is entitled at any time to exclude you from (further) participation in an activity if it should turn out that you have provided incorrect information on the questionnaire completed and returned in advance (see section 1), or if you do not meet the eligibility requirements for the advertised programme for other reasons, or if it is suspected that you are under the influence of drugs, alcohol or medication. This also applies if you do not carry adequate personal equipment (as listed in the respective programme description or in the booking confirmation), or if your behaviour jeopardises safety or offends or annoys other participants or the guide team. In all of these cases, you cannot make repayment claims.

If you arrive late at the agreed meeting point, your entitlement to participate in the programme expires. In this case there is no entitlement to price reduction or reimbursement.

4.3 Cancellation
If you cancel a booked program, you will be charged the following cancellation costs:

Day or weekend courses or trips: From booking receipt up to 7 days before the start of the program: 50% of the programme costs, then 100%.
All programs 3-8 days duration: From the date of booking up to 14 days before the programme begins: 50% of the programme costs, then 100%.
Multi-week programmes: From booking receipt up to 30 days before the start of the program: 50% of the programme costs, then 100%.
In the event of a no-show, late arrival or early departure home, there is no entitlement to a price reduction or reimbursement of costs.

In order to avoid these costs, we strongly recommend all participants to obtain travel cancellation insurance.

Of course, you also have the option to suggest a replacement. However, this must meet the requirements for participation in the respective program. We are not obliged to accept the proposed person.

4.3.1 New from 01/01/2022: Additions to point 4.3 in connection with Covid 19
In principle, our regular cancellation conditions listed under 4.3 will apply again from 01.01.2022. In connection with the still existing Covid 19 pandemic and the very dynamically changing situation in relation to the national and international measures to contain it, however, some additional provisions and exceptions apply, about which we would like to inform you in the following sections :

a) In the event of cancellation or relocation / postponement by the organizer
If a programme is canceled by the organizer, the participants will get back the money they have already paid to Moryak in full (see also point 4.1).

If the organizer moves a programme to another location or to a different date due to the Covid 19 pandemic, the participant is not obliged to accept the proposed alternative programme or alternative date. In this case, the participant is also entitled to a full reimbursement of the course or tour fee already paid to Moryak.

Any further compensation or compensation payments on the part of Moryak, e.g. in connection with train, flight or ferry tickets, campsite fees, reservations, hotel bookings, etc. already paid by the participant will be strictly rejected.

b) In the event of cancellation by the participant
If the participant is unable to attend the booked programme (or parts of the programme) due to a Covid disease or suspicion of Covid disease or due to an official measure related to Covid (e.g. quarantine, isolation, etc.) our normal cancellation conditions apply (see 4.3). Likewise, the sole concern about the risk of a possible Covid infection in connection with participation in the booked programme does not apply as a cancellation reason to reduce cancellation costs.

We therefore urgently recommend getting a travel cancellation insurance, which includes Corona as a reason for cancellation.

Changed legal framework conditions with regard to vaccination and certificate requirements ("3G", "2G" etc.), which arise in the period between the booking and the end of the booked programme, do not entitle the participant to free or reduced cancellation. This applies in particular to participants who do not have a certificate as vaccinated or recovered. In plain language this means: If you do not show the Corona certificate required at the place where the programme is carried out and therefore cannot participate in the programme, the normal cancellation fees apply (see 4.3) - regardless of whether the provisions were different at the time of booking.

However, before the start of the programme, based on currently applicable official regulations, it must be assumed that a participant who has been vaccinated or recovered according to the certificate is entitled to take measures such as quarantine or isolation (but not e.g. a possible PCR test obligation (see below)) after returning from a booked Moryak programme this allows the participant to cancel the programme free of charge. In this case, all payments already made to Moryak will be transferred back to the participant.

Moryak will not pay any costs for PCR, antigen or other corona tests that are necessary or required by the authorities before, during or after one of our programmes. This applies equally to all participants, regardless of whether they have been vaccinated, recovered or unvaccinated.

It is your own responsibility to inform yourself about the Corona rules in the country or at the place where the programme is carried out as well as at your place of residence and all countries through which you are traveling on the way to and from the booked programme follow.

c) In the event of symptoms or illness during a programme
If a participant shows symptoms during a Moryak programme that indicate a Covid infection, the responsible guide or tripleader is obliged to take measures to isolate the participant until the case has been clarified using an antigen or PCR test. This is done to protect the group and the guide team and does not entitle the person concerned to financial compensation for any missed services.

4.4 Cancellation of the tour by the organizer if there are too few registrations
If the minimum number of participants specified in the advertisement is not reached, we are not obliged to carry out the programme in question. In this context, the deadlines for cancellation by the organiser are:

Day or weekend courses or trips: up to 7 days before the start of the programme.
All programmes 3-8 days duration: Up to 14 days before the start of the programme.
Programmes lasting several weeks: up to 30 days before the start of the programme.
In this case, payments already made by the customer will be reimbursed in full. Further claims for compensation are excluded.

5. Prices

Unless stated otherwise, the advertised prices are exclusive of VAT. Domestic courses are exempt from VAT according to law. No VAT is payable for offers that start and end abroad.

The prices and conditions communicated in the advertisement apply.

Price surcharge in the event that a certain number of participants, specified in advance and communicated in the advertisement, is not reached:
If the specified number of participants is not reached, the amount defined in the invitation will be collected in cash at the start of the tour. In any case, we will discuss this with you in advance.

6. Disclaimer & insurance

6.1 Participation at your own risk
Participation in all of our programmes is at your own risk. MORYAK assumes no liability for valuables and luggage, in particular electronic devices such as cell phones, cameras, car keys, etc., even if they are transported in watertight containers.

6.2 Accident insurance is the responsibility of the participants.
When participating in all of our programmes, accident insurance is the responsibility of the participants.

6.3 Sea Rescue, Search & Rescue (SAR) and other emergencies:
In the event of an accident, a medical emergency or an emergency at sea (etc.), our guides will always alert the rescue workers or coast guard as early as possible. In some countries, this can result in very high costs, depending on the respective circumstances. We therefore strongly recommend that all of our participants take out accident and rescue and rescue insurance and / or REGA sponsorship before starting to participate in our programs.

6.4 MORYAK corporate liability
MORYAK has an entrepreneur liability insurance in the amount of CHF 5,000,000. In the event of a claim, the customer can be charged a lump sum of CHF 500.

6.5 Disclaimer in relation to Covid 19
Moryak disclaims any liability for health, financial or other damage that may arise in connection with a Covid disease or a possible quarantine / isolation during or after participation in one of our programs.

7. Damage to boats and equipment

MORYAK provides you with high quality boats and impeccable equipment. We assume that you treat our input material with care. Of course, minor damage such as scratches and scrapes occur when using boats and materials. That's fine. However, should you handle the material provided improperly (e.g. drive onto a pebble beach with a force, land with an extended skeg, "paddle bridge" when getting into your kayak, etc.) and cause major damage (holes, cracks, large gelcoat damage, broken paddle, damaged skegs including cable pull, etc.), it is up to you to either repair them yourself professionally or to pay for the repair. The hourly rate of our workshop is 80 CHF plus material costs. If something is irreparably damaged, you must also pay the damage incurred. The new purchase price of the destroyed material applies. We therefore generally recommend that you take out liability insurance.

If you come to our programmes with your own boat and material and you suffer damage to it when you take part or arrive, unfortunately we cannot pay for it. The use of your own material on our programmes is done at your own risk.

8. Final provisions

8.1 Severability clause
If any provision of these terms and conditions should be or become invalid, this does not affect its effectiveness. The ineffective provision will be replaced by an effective provision that comes as close as possible to the purpose of the ineffective provision. The same applies to any gaps.

8.2 Place of jurisdiction
The place of jurisdiction is Bern. Swiss law is applicable.

Last changes: 13.12.2021

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