General Terms and Conditions of Sale and Reservation (GTC)

1. Introductory note

DoYou Family is a brand of Crossing Minds Ltd. All activities offered by DoYou Family, as well as all related sales and marketing activities, are carried out by and for Crossing Minds Sàrl, whose headquarters are located in Val de Bagnes. These GTC apply to all activities offered by Crossing Minds Sàrl, regardless of the brand through which it offers and sells these activities.

These GTC apply to bookings for activities organised/coordinated by Crossing Minds Ltd., irrespective of the booking channel chosen by the customer.

 

2. Parties

DoYou Family / Crossing Minds Ltd. may offer activities carried out by third parties (hereinafter referred to as “service providers”) and in this case acts as an intermediary between the client and the service provider. The partners are committed to the proper execution of their services and DoYou Family / Crossing Minds Sàrl ensures that these are provided and executed with care, professionalism and as agreed. DoYou Family / Crossing Minds Sàrl cannot be held responsible for any accidents, as the responsibility lies with the professional of the activity.

 

3. Reservation

By booking an activity, the Client acknowledges that he/she has read, understood and accepted these GTC without reservation. The Client expressly acknowledges that the services ordered and/or booked involving other providers are also subject to the specific conditions of the providers offering the service. The Customer must also have taken note of the conditions of the partner’s offers before finalising any booking. He/she may request additional information prior to any booking.

 

4. Conclusion of the contract

The proposals and quotations sent by DoYou Family / Crossing Minds Sàrl are only valid for the activities described, at the proposed rates and for the specified period of time.

The validation by the Client of an offer transmitted by DoYou Family / Crossing Minds Sàrl has the value of a binding contract, regardless of the means of communication used, physical or digital.

 

5. Offer of online services

On the Site, the Client has the possibility to book services, the terms of which are described below:

  • The descriptions and photographs of the Services listed on the Site are intended solely to give an overview of the category or level of standing of a Service. They have no contractual value.
  • If a summary of the specific conditions of the partner is provided on the website, this information is purely indicative and does not contractually bind DoYou Family / Crossing Minds Sàrl. The information provided by the partners is under the responsibility of the partner concerned.

 

6. Prices and quality for booking or ordering

In order to book an activity or place an order, the Client must be legally capable of entering into a contract under Swiss law.

For activities that are subject to a fee, the prices indicated on the website or in the brochures are in Swiss francs, excluding VAT. The Client is made aware that only the prices indicated in the formal quotations/offers proposed by DoYou Family / Crossing Minds Sàrl, during the period of validity of the quotation/offer, are contractual.

 

7. Replacement of the Service

Once registered for an activity, the Client undertakes to participate in the activity initially planned or in any equivalent replacement activity proposed (plan B), in particular if the initial activity is not feasible for weather, organisational or safety reasons.

If the alternative activity takes place, the activity is considered to be carried out in the same way as if the main activity had taken place. Cancellation of the activity only occurs in exceptional circumstances and if no alternative activity can be offered.

 

8. Cancellation

DoYou Family / Crossing Minds Sàrl reserves the right to cancel or postpone an activity in case of necessity due to weather, organizational or security reasons. In the event of cancellation/postponement by DoYou Family / Crossing Minds Ltd., the Client will be offered an alternative, either during the scheduled time or at another time.

  • If the Client accepts the alternative, it shall constitute a new contract within the meaning of Article 4 of these GTC.
  • If the Client does not accept the alternative, DoYou Family / Crossing Minds GmbH undertakes to refund the Client in full for the cancelled or postponed service if it has already been paid for, or to refund the amount paid by the Client.
  • The reimbursement of the service on the basis of the price paid is the only claim to which the Client may be entitled in the event of cancellation or postponement of an activity or service. The Client is not entitled to any other compensation from DoYou Family / Crossing Minds Sàrl, regardless of the effects of the cancellation or postponement.

The cancellation of the activity by the Client is subject to the following conditions :

  • All cancellations must be made in writing, via a physical or digital medium. The date of receipt of the cancellation by DoYou Family / Crossing Minds Sàrl is considered to be decisive.
  • In the event of cancellation more than 15 days before the activity, DoYou Family / Crossing Minds Sàrl will reimburse the Client in full if the activity has already been paid for. If the activity has not been paid for, the Client is considered to be released from his/her contractual obligations towards DoYou Family / Crossing Minds GmbH for the said activity.
  • In the event of cancellation between 14 days and 8 days before the activity, the Client owes 50% of the agreed amount to DoYou Family / Crossing Minds GmbH. If the full amount has already been paid, DoYou Family / Crossing Minds GmbH will reimburse the client 50% of the amount paid. If the activity has not been paid for, DoYou Family / Crossing Minds GmbH will charge 50% of the contractual amount.
  • In case of cancellation within 7 days before the activity, the Client owes DoYou Family / Crossing Minds Ltd. 100% of the agreed amount. If the activity has not been paid for, DoYou Family / Crossing Minds GmbH will invoice the Client for the contractual amount.
  • If DoYou Family / Crossing Minds GmbH proposes a different arrangement and the Client accepts it, the new proposal is considered to be contractual in the sense of Article 4 of these General Terms and Conditions.

 

9. Obligations of the customer

For any activity involving minors, the following applies :

  • The Client who books an activity for minors is deemed to have the agreement of the legal representative(s) of the minors concerned and is considered responsible for these minors by DoYou Family / Crossing Minds Sàrl.
  • The Client who has booked an activity is obliged to prepare the minors for the activity in accordance with the instructions given by DoYou Family / Crossing Minds Sàrl and specified in the quotation/offer, both in terms of the necessary equipment and the behaviour to be adopted.
  • For activities requiring the presence of an adult (at least), the Client who has booked an activity is solely responsible for the choice of the person(s) who will accompany the activity and for ensuring that the person(s)’ ability to carry out the activity is appropriate for the task in hand, as well as for the agreement of the legal representative(s) of the minors concerned.
  • The Client who books an activity for minors is deemed to have checked that the minor(s) concerned is/are insured in accordance with the following provisions.
  • The customer who books an activity for minors must provide the employee of DoYou Family / Crossing Minds GmbH who carries out the activity with a contact person who can be reached at all times during the activity. This contact must have the authority to make any urgent decision regarding the safety of the minors concerned or any situation requiring an urgent decision, or have the agreement of the legal representative(s) of the minors concerned.

The Client is responsible for presenting him/herself in an appropriate manner for the organised activities (clothing / equipment / behaviour), in accordance with the recommendations specified in the offer. Participation in outdoor activities cannot be guaranteed if the Client does not comply with the specified conditions (e.g. clothing suitable for the weather and equipment required for the activity itself).

  • The Client is obliged to inform himself/herself and prepare accordingly. If access is denied for reasons for which the Client is responsible, no refund or reduction in the purchase price will be possible.
  • Any additional services consumed on site and not included in the package must be paid for by the Client.
  • The Client is also responsible for taking out insurance policies such as repatriation, rescue, liability, accident, illness, cancellation, etc.

 

10. Security

The Client is aware that there is no such thing as zero risk and of the dangers inherent in certain activities. He/she therefore undertakes to comply fully with the advice and instructions given by the service providers.

The Client agrees not to take any personal initiative in the context of the activities that could jeopardise his/her safety, that of other participants or that of the accompanying professionals.

It is the responsibility of the supervising professional to decide on any modification of the activity for reasons of safety, weather conditions and the environment, the fitness of the participants or their technical skills. An alternative activity may be offered. In the event of additional costs, these will be communicated to the client, even orally, before the start of the activity and, if the new programme is accepted, these will have to be paid by the client.

Failure to comply with the safety regulations will result in a modification of the programme or its cancellation. DoYou Family / Crossing Minds Sàrl will not be held responsible in any way.

 

11. Exclusion of liability

The Client must inform DoYou Family / Crossing Minds GmbH without delay of any non-conformity found during the performance of a service included in the contract, failing which no refund or compensation may be offered.

  • If it is determined that the Client has not received the service in accordance with the contract, DoYou Family / Crossing Minds GmbH undertakes to reimburse the Client for the service not provided, in accordance with the amount provided for this service. The Client waives all claims of any kind for direct or indirect damages, as well as claims for moral prejudice against DoYou Family / Crossing Minds GmbH.
  • DoYou Family / Crossing Minds Sàrl assumes no responsibility for bad weather, road closures, natural phenomena, flights, problems with connections, social or political events or problems arising from them, personal, health or other problems, or any other event beyond the company’s control that may prevent the arrival or access to the activities promoted by DoYou Family / Crossing Minds Sàrl.
  • DoYou Family / Crossing Minds Sàrl is not responsible for documents or personal items lost during the activities.

 

12. Data protection and confidentiality

All data on the DoYou Family / Crossing Minds Ltd. website is processed in accordance with the Federal Data Protection Act, is protected and may not be copied, changed or forwarded without the consent of DoYou Family / Crossing Minds Ltd.

The personal data of customers is treated as strictly confidential, but may be used to ensure the proper functioning of business transactions with the service providers of the selected and reserved offer.

 

13. Privacy and cookies

DoYou Family / Crossing Minds Sàrl respects your privacy. See our privacy and cookie policies for more information.

 

14. Modification of the above General Terms and Conditions (GTC)

DoYou Family / Crossing Minds Sàrl reserves the right to modify these terms and conditions at any time, for example to adapt legal requirements or to take into account functional changes.

 

15. Severability and contradiction

If one of the points of these GTC or a contract with a partner is invalidated, this invalidation will not affect the rest of the GTC or the contract with a particular partner. The invalidated provisions shall be interpreted or replaced, within the limits of the law, in such a way as to correspond as closely as possible to the intended economic purpose.

 

16. Applicable law and place of jurisdiction

Each contract is subject exclusively to Swiss law. Swiss law, in particular the law of contract (Art. 394 et seq. of the Swiss Code of Obligations), supplements the integral parts mentioned in Art. 1.1 of these conditions.

These Terms of Use of the Sites are governed by Swiss law and any dispute shall be submitted to the exclusive jurisdiction of the Courts of the Canton of Valais.

Doyou Family