General terms and conditions of sale

These General Terms and Conditions of Sale (“GTC”) govern the services provided by Sunshine Adventures Inc., a company incorporated in the State of Delaware under file number 5599435, operating the Sunshine Adventures brand.

They apply to the design, booking and follow-up of tailor-made trips, whether these constitute package travel within the meaning of the Swiss Federal Act of 18 June 1993 on Package Travel (LFVF; SR 944.3) or relate to individual travel services. Mandatory provisions applicable to the traveler remain reserved.

Sunshine Adventures may act as the organizer of package travel, as an intermediary for an identified service or as a travel design consultant. Its precise role is specified in the offer or in the booking confirmation.

The contract is formed by the following documents, in order of precedence:

• the booking confirmation or the signed travel contract;
• the personalized offer and its detailed program;
• the specific terms and pricing conditions set out in the offer;
• these GTC;
• the terms of the service providers notified before booking.

In the event of a conflict, the document ranked higher in this list prevails. The essential information on the package travel, including the services, the price, the payments and any special requirements accepted, is provided on a durable medium.

Submitting a form, holding a consultation or receiving a preliminary proposal constitutes neither a booking nor a firm commitment. Availability and prices remain subject to change until they are effectively confirmed by the service providers.

Unless the offer states otherwise, the contract is concluded when the client accepts the final proposal in writing and Sunshine Adventures receives the deposit or the payment requested. A confirmation is then sent to the client by e-mail. The client must immediately check the names, dates and services and report any error.

The person making the booking confirms that they are of legal age, have the capacity to contract and are authorized to act on behalf of all registered travelers. That person is responsible for passing on the contractual information and for payment of the booking file, without prejudice to the individual rights of each traveler.

A design fee may be requested before the detailed itinerary is drawn up. Its amount, its scope and any rounds of adjustment are communicated before any commitment is entered into. Where the trip is confirmed with Sunshine Adventures, this fee is deducted from the final price in accordance with the terms set out in the offer.

From the moment the research and design work begins, the fee remunerates a service that has actually been provided. It is therefore non-refundable if the client abandons the project, unless a mandatory provision or a written undertaking provides otherwise. The itinerary and the roadbook remain reserved for the personal use of the travelers concerned.

The price, the currency, the taxes included, the services included and the exclusions are set out in detail in the offer. Unless stated otherwise, the following in particular are not included: personal expenses, gratuities, insurance, formalities, visas, vaccinations and services booked directly by the traveler.

Before the contract is concluded, prices depend on availability, exchange rates, taxes and supplier rates. Once package travel has been contracted, an increase is possible only if the contract provides for it and if it results from a change in the cost of transport, in taxes or charges, or in the applicable exchange rates. It must be calculated on a justifiable basis and communicated no later than three weeks before departure, in accordance with the LFVF.

A material change to the price or to a main travel service gives rise to the options provided for by law and described in section 9. Cost reductions arising under the same conditions are taken into account where mandatory law so requires.

The payment schedule, the means of payment and the amount of the deposit are set out in the offer or in the invoice. Bank and exchange fees charged to the payer remain payable by the payer. A payment is deemed received only once the funds have actually been credited to the account indicated.

If a payment deadline is not met, Sunshine Adventures may, after a reminder and a reasonable period where the circumstances allow, suspend the bookings or terminate the contract. The service providers’ cancellation charges and the services already performed remain due. The client’s mandatory rights remain reserved.

Any request for a change must be made in writing. Sunshine Adventures endeavors to accept it, subject to availability, to the pricing rules and to the deadlines of the service providers. Price differences, penalties, administrative charges and costs incurred are communicated to the client and remain payable by the client.

Where the LFVF so permits, the traveler may transfer their booking to a person who meets the conditions of the trip, by informing Sunshine Adventures sufficiently far in advance. The transferor and the transferee are jointly and severally liable for the balance and for any costs incurred. Certain tickets or name-specific services may nevertheless be non-transferable under the supplier’s rules.

The cancellation must be notified in writing by the person who made the booking. It takes effect on the date on which it is received by Sunshine Adventures. The scale of charges set out in the offer or in the contract applies; it takes into account the services already provided, the non-refundable costs of the service providers and how close the departure date is.

Services not used after departure for reasons attributable to the traveler give rise to no refund, unless the service provider agrees otherwise or a mandatory provision provides otherwise. Swiss law provides for no general 14-day right of withdrawal for this type of booking. Cancellation insurance covering, in particular, illness, accident and family events is strongly recommended.

Before departure, Sunshine Adventures may make a minor change that does not substantially alter the trip, and informs the client accordingly. In the event of a material change to a main travel service or of a substantial price increase permitted by law, the client may, within the period communicated, accept the change, opt for an alternative arrangement offered or terminate the contract free of charge in accordance with the statutory conditions.

If Sunshine Adventures cancels the trip before departure for a reason not attributable to the client, the amounts corresponding to the services not provided are refunded, subject to any alternative arrangement accepted and to the applicable mandatory rules. Entitlement to compensation may be excluded where a clearly announced minimum number of participants is not reached or where unavoidable and extraordinary circumstances arise.

Where package travel falls within the scope of the LFVF, the information relating to insolvency protection, including the refund of payments made and repatriation where required, is set out in the confirmation or in the travel contract.

Each traveler must, in particular:

• provide accurate information and names strictly identical to those on the travel documents;
• check, before departure, the passport, visa, transit, customs, driver’s license, vaccination and health requirements that apply to them personally;
• report, before booking, any mobility constraint, allergy, medical condition or other need that is essential to the proper performance of the trip;
• comply with local laws, schedules, safety instructions and the instructions of the service providers;
• remain reachable at the contact details provided and notify Sunshine Adventures immediately of any incident or lack of conformity, so that a solution can be sought.

The general information provided by Sunshine Adventures does not replace the official advice of the authorities or medical advice. Denied boarding, the inability to enter a country and any costs caused by insufficient documents remain payable by the traveler, unless they are attributable to a fault of Sunshine Adventures.

For package travel, Sunshine Adventures is responsible, in accordance with the LFVF, for the proper performance of the services promised, even where they are performed by third parties. The client must report any failure to perform without delay. Sunshine Adventures provides reasonable assistance and seeks an appropriate solution wherever this is possible.

Liability may be excluded or reduced where the failure to perform is attributable to the traveler, to a third party unconnected with the provision of the services and unforeseeable or insurmountable in nature, or to unavoidable and extraordinary circumstances. Any additional costs imposed by such circumstances are allocated in accordance with the contract, the rules of the service providers and mandatory law.

Where international conventions or special laws limit the compensation owed by a carrier or a service provider, the same limits may apply to Sunshine Adventures. No clause limits liability in the event of personal injury, willful misconduct, gross negligence or where a limitation is prohibited by law.

Sunshine Adventures is not liable for services that the traveler books independently and that do not form part of the contract, even where they were mentioned by way of inspiration.

In the event of a difficulty during the trip, the client must immediately contact Sunshine Adventures at +41 76 241 60 66 and the service provider concerned, so that the matter can be remedied on the spot. The concierge service announced as available 24/7 is an assistance channel; it does not replace the local emergency services.

A claim must then be sent as soon as possible to contact@sunshine-adventures.net, ideally within 30 days of the return date, stating the booking file number, a precise description and any relevant supporting documents. This indicative period does not deprive the traveler of any mandatory right.

It is for the traveler to take out insurance appropriate to their situation: cancellation, trip interruption, illness and accident abroad, assistance, repatriation, baggage and personal liability. The insurer’s cover, exclusions and procedures apply independently of these GTC.

Personal data is processed in accordance with the privacy policy. The itineraries, roadbooks and creative documents provided to the client are intended for the client’s private use and may not be resold, published or used commercially without authorization.

If a provision of the GTC is invalid or unenforceable, the remaining provisions remain in force. Sunshine Adventures may update the GTC for future contracts; the version applicable to a contract remains the one accepted when that contract was concluded, unless a mandatory change in the law applies.

The contract is governed by Swiss law, in particular by the LFVF where it applies. The courts of the Canton of Geneva have jurisdiction, subject to the mandatory places of jurisdiction protecting consumers. The parties endeavor to seek an amicable solution before bringing any proceedings. In the event of translation, the French version prevails to the extent permitted by applicable law.