Terms and conditions shop

Hereinafter referred to as GTC.

1. General information

For the business relations between the ArtWork Store owners indicated in the imprint

Falko Burghausen Marina Kraus Chemin de la Plâtrière 3 1981 Vex

hereinafter referred to as beAnywhere – and you as the customer, the following General Terms and Conditions (GTC) apply exclusively in the version available on the website at the time of the order.

2. Contract content

As the purchaser, you place an order with us from beAnywhere for the delivery of murals. The rights to the original work remain completely with beAnywhere. The contract is concluded when your placed order is accepted by beAnywhere by a separate email or by sending the goods. The information on the website is only an invitation for you as the customer to submit an offer. beAnywhere is entitled to correct incorrectly stated prices on the website. If a correction leads to a price increase, you as the purchaser may withdraw from your submitted offer.

3. Prices

All prices are in CHF (Swiss Francs) and no VAT will be charged. Shipping costs are shown separately. For shipping to countries outside the European Union, additional customs fees may apply. These are not included in the price and have to be paid by you as the customer.

4. Right of withdrawal, right of return

For orders, the right of withdrawal and return is excluded, because the murals are made according to the specifications of the customer and tailored to his personal needs. For this reason, all murals produced by beAnywhere are excluded from the right of return.

5. Liability

beAnywhere shall be liable for damages in accordance with the following provision:

(1) beAnywhere is liable for damages caused by ourselves or by one of our partners or legal representatives intentionally or by gross negligence.

(2) The same applies to damages based on the absence of a guaranteed quality.

(3) In the event of a breach of cardinal contractual obligations, beAnywhere’s liability shall be limited to the amount of the foreseeable damage typical for this type of contract, unless unlimited liability already exists in accordance with paragraphs 2 to 4. Cardinal obligations are such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely.

(4) Any liability beyond this is excluded, in particular also liability without fault.

6. Warranty for defects

Once you receive the goods, it is your duty to immediately check them for completeness and defects. If you discover any defects, they must be reported to us within 24 hours after delivery. Later complaints because of incomplete or insufficient delivery or performance we can not consider.

If the goods are defective, you have the option of subsequent performance in the form of rectification of defects or delivery of a new defect-free item. beAnywhere decides at its own discretion whether to rectify the defect or to deliver a new item.

The withdrawal from the contract as well as a reduction of the purchase price is generally excluded.

The designations and specifications determined upon conclusion of the contract correspond to the technical status at that time. Minor technical deviations, especially in the trimming of the picture and the colorfulness of the printout, of the delivered wall pictures from the advertised pictures are permissible and do not constitute defects, as long as they are within the customary range and the contractual purpose is not significantly restricted. Images that are cropped may deviate slightly, but not significantly, from the specified sizes within the customary scope. Minor, customary, color differences in the printout may occur if the purchaser’s monitor has different color settings (especially with regard to color fastness). Black and white printouts may contain a slight, customary color cast due to color printing. Complaints, credit notes, as well as replacement prints in this regard are excluded, unless the deviations are outside the customary range.

beAnywhere assumes no guarantee of quality or durability.

7. Delivery, delivery times

beAnywhere delivers according to customary terms and conditions. Transport route and means of transport are determined by beAnywhere or our partners, unless expressly agreed otherwise. beAnywhere is entitled to make partial deliveries.

In the case of large products, delivery shall be made “free curbside”, i.e. to the nearest public curbside to the delivery address, unless otherwise agreed.

The costs will be calculated according to the prices on the store page.

Any delay in delivery does not entitle you as the customer to claim damages, unless otherwise provided in paragraph 5 of these Terms and Conditions. Delays in delivery do not entitle the customer to refuse acceptance. Non-arriving deliveries are to be reported within 14 working days after the order. If you, as the customer, fail to notify beA, the goods shall be deemed to have been successfully delivered.

In case of delivery disruptions which are not caused by beAnywhere and which cannot be influenced by beAnywhere, beAnywhere reserves the right to withdraw from the contract if the reason of the delivery disruption is not temporary, without being liable for damages. This applies especially in case of force majeure. For the period of the impediment beAnywhere shall not be in default of delivery. Already paid services will be refunded to you as the purchaser in case of a withdrawal.

8. Payment, set-off, retention of title

Orders are to be paid by the customer in advance. Payments shall be deemed made on the day they are received by beAnywhere. If you as the purchaser are in default of payment by receiving a reminder after the due date, beAnywhere is entitled to charge default interest at the statutory rate. In case of default, reminder fees will be agreed upon: CHF 10 is due for the first reminder, a second reminder is charged at CHF 20. This does not affect beAnywhere’s right to claim any additional damage caused by default.

The following payment options are available at beAnywhere:

PayPal

At beAnywhere you can pay with PayPal. Choose PayPal as your payment method and you will be automatically redirected to the PayPal page. There you can log in if you already have an account or create a new one. Your payment will be encrypted and sent to beAnywhere within a few minutes and your order will be released.

Credit card

Credit card payments are processed via the payment provider Stripe. The payment is made over an encrypted connection via an embedded widget from Stripe, which is integrated into our store.

Apple Pay

During the order process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After placing the order in the store, we will ask Apple to initiate the payment transaction and thereby accept your offer.

Google Pay

In the order process, you will be redirected to the Google Pay website where you can enter your payment details and confirm the payment instruction to Google.

Until full payment, the products remain the property of beAnywhere.

9. Data protection, data backup

With regard to data protection, beAnywhere’s privacy information applies.

10. Copyright

The information and content published on beAnywhere’s website – in particular photographic and video material – are protected by copyright and are the property of beAnywhere. Reproduction, editing, distribution or any other form of exploitation are not permitted and must be approved in advance in writing by beAnywhere. beAnywhere expressly reserves all rights in this regard.

11. Place of jurisdiction, applicable law

In the event of legal disputes in connection with this business relationship, Swiss law shall apply exclusively. Mandatory provisions of the country in which you as the customer have your habitual residence remain unaffected. All changes and amendments concerning these GTC must be made in writing. beAnywhere reserves the right to change or amend these GTC at any time.

The exclusive place of jurisdiction for all disputes is agreed to be the registered office of beAnywhere.

12. Salvatory clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of all other provisions of this contract shall remain unaffected.

Version 1.0 – Valid from 10 May 2022

All previous GTC shall lose their validity.

General Terms and Conditions (GTC TCT) of beAnywhere for travel, courses and tours

These general terms and conditions (hereinafter referred to as “GTC TCT”) apply to all travel, courses and tours, hereinafter referred to as “offer”, and form an integral part of the contract concluded between the customer and beAnywhere (Simple partnership, Chemin de la Plâtrière 3, 1981 Vex).

The rights and obligations of the customer and beAnywhere arise from the individual written agreement, from these GTC TCT and from the statutory provisions. In addition, the general travel information in beAnywhere's publications must also be observed.

1. Conclusion of contract

1.1 Conclusion of the contract

The customer's booking is made via the beAnywhere website. In exceptional cases, a written booking by email may also be accepted. In this case, beAnywhere will inform the customer about further steps and payment modalities by email.

The contract between the customer and beAnywhere is concluded with the unconditional confirmation of the registration. From this point in time, the rights and obligations arising from the contract together with these GTC TCT shall become effective for the customer and for beAnywhere. This is subject to the customer fulfilling the conditional and technical requirements specified in the detailed program (at www.beanywhere.ch) as well as the other conditions of participation.

1.2 Contractual parties

The contract is concluded between the customer and beAnywhere. As a contractual partner of beAnywhere, the customer is liable for all participants that he registers for an offer. These GTC TCT are binding for all participants.

In the case of mere mediation of third-party services, the contract is concluded between the customer and the third-party company. beAnywhere is not a party to the contract in such cases and these GTC TCT are not applicable.

2. Registration

2.1 Registration form

The registration form must be completed in full and truthfully. The personal details must be given as they appear on the passport/ID card used. An incorrectly completed registration form can lead to problems during the offer. Should unexpected costs arise for the customer or for beAnywhere for this reason, these are to be borne by the customer.

2.2 Correspondence

beAnywhere is entitled to send all correspondence to the email and/or postal address stated in the registration form.

2.3 Final registration

When the customer submits the registration form, this is considered as a binding offer.

If a (partial) payment is made immediately upon registration, beAnywhere will send a confirmation of the registration to the e-mail address specified in the registration form within five working days.

If payment is not due immediately upon registration, beAnywhere will send the payment information to the e-mail address specified in the registration form within five working days. Confirmation of registration will be sent after receipt of the (first partial) payment.

3. Services of beAnywhere

3.1 Scope of services

The services provided by beAnywhere are set out in the detailed program and the confirmation communicated in written form (e.g. by email). Customers expressly acknowledge that beAnyhwhere's offers usually take place in the great outdoors. The programs shown are always subject to the proviso that the weather and terrain conditions, official orders, etc. allow them to be carried out in accordance with the invitation to tender. Further details are set out in sections 7 and 9.

3.2 Transportation services

Some of the services provided by beAnywhere include transportation services. Customers are responsible for arriving at the agreed meeting points on time. For costs incurred due to delays by the customer or due to unforeseen or unavoidable events (accident, road closure, etc.), no claims for damages can be made against beAnywhere.

3.3 Further information on services

In the event of contradictions, the information communicated in written form shall take precedence. Special requests of the customer as well as subsequent collateral agreements require an express written confirmation from beAnywhere in order to be valid.

4. Prices, price increases and terms of payment

4.1 Pricing

The offer price is determined primarily according to the information communicated by beAnywhere in written form (e.g. by e-mail, registration confirmation, invoice) and secondarily according to the prices published on the website.

Unless otherwise stated, prices are per person in the currency indicated (Swiss Francs or Euro). The prices valid at the time of booking shall apply.

The booking office's fees for processing and reservations as well as any additional costs for the trip and on site (e.g. visa fees, tourist taxes) are reserved.

4.2 Price increases

In the event of subsequent increases in the actual costs incurred, beAnywhere reserves the right to increase the offer price accordingly after conclusion of the contract, in particular in the event of

Increase in transportation costs (e.g. fuel surcharges)

Newly introduced or increased taxes and/or duties of any kind (e.g. increase in VAT, entrance or summit fees)

Exchange rate changes

Invoicing and publication errors

Price increases can be claimed up to 21 days before the planned start of the offer at the latest. If the price increase amounts to more than 10% of the offer price, the customer is entitled to withdraw from the contract free of charge within 5 days of notification of the price increase. In this case, the customer is free to book a replacement offer if possible. If the alternative offer is inferior to the contractually agreed offer, the customer may demand compensation for the reduced value. Further claims for damages are excluded.

4.3 Prices for single and double rooms

The offer prices are always quoted per person. For offers with overnight accommodation, the price is shown for half a double room (DR). For single rooms (SR), an SR surcharge is shown. For overnight stays in huts, an overnight stay usually refers to a dormitory.

beAnywhere allocates the available rooms in such a way that only customers of the same sex occupy a double room together, if this is possible. If the second half of a double room cannot be occupied, the double room is released for single use, but the customer must pay 50% of the single room supplement, in which case beAnywhere will pay the remaining 50%. If a customer books half a double room, he undertakes to pay 50% of the single supplement if the second half of the double room is not booked. This subsequent single supplement does not constitute a price increase.

In some offers, the prices for double rooms are indicated per room. In this case, a double room can only ever be booked for two people.

4.4 Terms of payment

The offer price is payable as follows:

If a payment function is available in the registration form, the offer price must be paid at the time of registration. Successful payment will be noted on the confirmation of registration.
If no payment function is available in the registration form, the customer will receive the payment information within five days of registration. Payment is due within 10 days of registration.

If beAnywhere splits the offer price into a down payment and a final payment, the Customer will receive the payment information for the down payment within five days of registration and the payment information for the final payment at least 40 days before the start of the offer. Both payments must be made within 10 days of the email being sent, so that the full offer price is paid up to 30 days before the start of the offer.

For short-term bookings less than 35 days before the start of the offer, the full amount must always be paid either during the registration process on the website or within five days of receiving the payment information.

Different payment terms may apply for day tours or courses if these are shown in the detailed program on the website (e.g. payment on site in cash or by TWINT).
Payment may also be demanded in advance for offers with a cancellation period of more than 40 days.

4.5 Delay in payment

Failure to pay the total amount, the deposit or final payment on time entitles beAnywhere to refuse the booked service after a grace period of a few days has elapsed without success. The offer shall be deemed to have been canceled and the cancellation and processing costs pursuant to Sections 6.2 and 6.5 shall be due for immediate payment.

The travel, course or tour documents will not be sent to the customer until the travel price has been paid in full.

5. Conditions for participation

In principle, the participation of customers may be refused if beAnywhere considers the participation of a customer to be unsuitable.

5.1 Age

Participants under the age of 18 require the consent of their legal representative in order to participate in beAnywhere offers.

5.2 Personal requirements, demands and health

The requirements for the offers are described in the corresponding detailed program. By registering, each participant confirms that they meet the necessary health, mental and physical requirements. Anyone who has health problems or is sick may not take part in the beAnywhere offers. Participants undertake to inform beAnywhere of any health problems of a mental or physical nature. In addition, customers are responsible for fulfilling all other requirements and equipment regulations in accordance with the detailed program.

6. Cancellation, change of booking, trip termination by the customer

6.1 Cancellation prior to departure

6.1.1 The customer can withdraw from the trip at any time before the start of the trip. The declaration of cancellation must be made in written form by email. The cancellation becomes binding as soon as it has been confirmed in written form by beAnywhere. The relevant date for determining the subsequent cancellation fees is the date of receipt of the declaration of cancellation by beAnywhere.

6.1.2  The customer must pay beAnywhere - depending on the time of cancellation - a flat-rate cancellation fee and a processing fee (Sections 6.3 and 6.5). The compensation amounts cover the estimated costs incurred by beAnywhere and are reasonable against this background.

The right to assert claims for damages in excess of the flat-rate cancellation fee remains reserved.

6.1.3   The customer must pay a flat-rate cancellation and processing fee in accordance with sections 6.3 and 6.5 if the necessary health formalities of the destination country (e.g. vaccination, Covid-19 vaccination, PCR test, etc.) are generally known at the time of booking or the start of the offer, but the customer does not comply with the health formalities for personal reasons and therefore withdraws from the trip.

The customer shall pay a flat-rate cancellation and processing fee in accordance with sections 6.3 and 6.5 if, at the time of booking or the start of the offer, there is a mandatory quarantine obligation imposed by the Swiss Federal Office of Public Health for non-vaccinated and non-recovered persons (Covid-19 virus) after returning from certain destinations and the customer does not comply with the health formalities for personal reasons and therefore withdraws from the trip.

6.1.4 The customer must pay a flat-rate cancellation and processing fee in accordance with Sections 6.3 and 6.5 if the FDFA and/or the FOPH expressly advised against travel to the planned travel region at the time of booking and the customer books the trip despite being informed by beAnywhere and withdraws before the start of the offer. In this case, any warranty on the part of beAnywhere is excluded.

The Customer acknowledges that the conclusion of the contract in this case lies in his sole sphere of risk.

6.1.5 The following cases remain subject to section 6.3:

If the FDFA and/or the FOPH expressly advise against a trip to the planned region, the Customer shall only have to pay the processing fees (Clause 6.5), any insurance premiums and visa fees as well as the expenses demonstrably incurred by beAnywhere.

If a substitute person proposed by the Customer agrees to enter into the contract in place of the Customer with all rights and obligations and to take the trip under the agreed conditions, only the processing fees (Clause 6.5) and any additional costs shall be owed in addition to the offer price. The replacement person must fulfill all offer requirements (e.g. legal or official requirements, visa requirements, physical requirements, age) and the change must be accepted by beAnywhere. The customer is jointly and severally liable with the replacement person for the payment of the price and any additional costs.

In the event of subsequent price increases, the Customer has the right to withdraw from the contract in accordance with the provisions of Clause 4.2.

6.2 Cancellation charges

The following cancellation costs apply unless other deadlines are stated on the offer page. All other provisions (e.g. regulation for no-shows etc.) remain unaffected.

Up to 90 days before the start of the offer, beAnywhere will only charge the processing fee set out in Section 6.5. In the event of cancellation at short notice, beAnywhere will charge the processing fee (Section 6.5) and the following cancellation fees per person:

Offers outside Switzerland and/or more than 5 days:

90 to 61 days before the start of the offer: 30% of the offer price
60 to 31 days before the start of the offer: 50% of the offer price
30 to 11 days before the start of the offer: 80% of the offer price
10 to 0 days before the start of the offer: 100% of the offer price

Multi-day offers (2 to 5 days):

50 to 41 days before the start of the offer: 30% of the offer price
40 to 31 days before the start of the offer: 50% of the offer price
30 to 11 days before the start of the offer: 80% of the offer price
10 to 0 days before the start of the offer: 100% of the offer price

One-day offers:

14 to 6 days before the start of the offer: 50% of the offer price
5 to 0 days before the start of the offer: 100% of the offer price

The day of the arrival of the written cancellation is decisive for the calculation of the cancellation charges. On Saturdays, Sundays and public holidays, the next working day is decisive.

6.3 Delay and no-show

If the customer arrives late or does not show up at all, or does not have the necessary documents to travel, the entire offer price is due in any case.

6.4 Termination during the execution of the offer

If the customer cancels the contract in whole or in part during the term of the offer, there is no entitlement to a refund of the offer price.

6.5 Processing fees

In the event of cancellation or termination by the customer, the following processing fees will be charged per person:

Multi-day trips, courses and tours up to 90 days before the start of the offer: CHF 50.-
Multi-day trips, courses and tours less than 90 days before the start of the offer: CHF 100.-
One-day tours paid for before the start of the offer less than 48 hours before the start of the offer: CHF 5.-

7. Cancellation, termination or changes by beAnywhere

7.1 Significant error

In the event of a significant error in the conclusion of the contract, in particular in the event of calculation and/or publication errors in the offer price, beAnywhere shall be entitled to withdraw from the contract. The customer shall be entitled to reimbursement of the payments made.

7.2 Changes before the start of the offer

beAnywhere reserves the right to change services before the start of the offer (subject to change). beAnywhere is in particular entitled to unilaterally change services (e.g. hotel, tours, prices) mentioned in the detailed program at any time. beAnywhere shall inform the customer of this change immediately in writing and inform the customer of any effects on price and services.

If the service changes have become necessary due to prevailing weather, danger or local conditions, force majeure, official orders, etc., the customer has no right of withdrawal.

In the event of a significant change to an essential point of the contract, the customer is entitled to withdraw from the contract free of charge within 5 days of notification of the change. The notification must be made in writing by email to beAnywhere. Without written notification within the deadline, the change shall be deemed approved.

If the withdrawal from the contract occurs before the start of the offer, the customer shall be reimbursed the full price, whereby the expenses demonstrably incurred by beAnywhere shall be deducted from the reimbursement amount. Compensation for damages is excluded. Alternatively, the customer is free to book a replacement offer if possible. If the replacement is inferior to the contractually agreed service, the customer may demand compensation for the reduced value.

7.3 Unacceptability and exclusion from the offer

beAnywhere is entitled to exclude customers from an offer or to withdraw from or terminate the contract if the customer gives justified cause to do so, e.g. failure to meet the physical or health requirements, the required fitness or technical requirements or other conditions of participation. Persistent disruption of the group and inappropriate behavior are also grounds for exclusion. Exclusion from an offer can take place both before and during an offer. In all cases, the cancellation and processing costs as set out in sections 6.2 and 6.5 shall be due for payment. Further claims for damages on the part of beAnywhere are reserved. Customer claims for damages are excluded.

7.4 Not reaching the minimum number of participants

If the minimum number of participants envisaged for an offer is not reached, beAnywhere shall be entitled to withdraw from the contract up to 14 days before the planned start of multi-day offers and, in the case of one-day offers, up to 48 hours before the agreed start time.

The customer is entitled to a refund of the payments made.

Alternatively, the customer is free to book a replacement offer if possible. If the substitute service is inferior to the contractually agreed service, the customer may demand compensation for the reduced value. Further claims for damages are excluded.

7.5 Unforeseeable or unavoidable circumstances

If unforeseeable or unavoidable circumstances (e.g. war, strike, natural disasters, weather conditions, terrain conditions, withdrawal of landing rights, epidemics, pandemics and related official measures) prevent the scheduled execution of the offer, beAnywhere is entitled to withdraw from the contract at any time or to cancel it or change services.

If the contract is cancelled before the start of the offer, the customer will be refunded the full price, whereby the expenses demonstrably incurred by beAnywhere will be deducted from the refund amount. Compensation for damages is excluded. Alternatively, the customer is free to book a replacement offer if possible. If the replacement is inferior to the contractually agreed service, the Customer may demand compensation for the reduced value.

In the event of cancellation after the start of the trip due to unforeseeable or unavoidable circumstances (e.g. war, strike, natural disasters, weather conditions, terrain, withdrawal of landing rights, epidemics, pandemics and associated official measures) that prevent the offer from being carried out as planned, claims for damages by the customer are excluded, in particular compensation for additional costs (e.g. flight or hotel costs). Any additional costs shall be borne by the customer. Any resulting changes to the course or scope of the offer do not constitute a defect in the offer.

8. Obligation of the customer to co-operate

8.1 Duty to co-operate

In addition to the payment of the travel price, the customer shall in particular have the following obligations to co-operate:

The customer must immediately check the documents sent to him (e.g. invoice, offer confirmation, travel, course or tour documents) for correctness and completeness, in particular for conformity with the booking, and inform beAnywhere immediately in writing of any discrepancies.

The customer is responsible for compliance with the relevant entry regulations (in particular regarding the validity of passports, obtaining visas, vaccinations).

The customer is responsible for complying with the check-in times (e.g. at the airport) and luggage regulations specified by the service providers. If the customer does not depart or departs too late (no-show), the tour price will not be refunded. The obligation to provide transport does not apply. If the customer misses the return flight, he must book another return flight at his own expense. This also applies in particular to flight schedule changes.

In the event of pregnancy, the customer must inform themselves in advance about the transport conditions and comply with them. In addition, the customer is obliged to inform beAnywhere in writing of the pregnancy.

With regard to the requirements of the planned offer, the customer must assess his own state of health and fitness and, if necessary, refrain from participating.

Instructions from beAnywhere, the manager or a service provider must be followed. Customers undertake to contribute to the group and to behave loyally towards other participants.

8.2 Violation of the duty to co-operate

If the customer violates his obligations to co-operate, beAnywhere assumes no liability and may exclude the customer from the offer. Claims for compensation by the customer due to defects shall lapse.

9. Complaints

9.1 Immediate obligation to lodge a complaint

In the event of complaints during the execution of the offer, the customer must immediately notify the service provider and the local beAnywhere representative or, in their absence, the booking office.

beAnywhere shall endeavour to find suitable solutions within a reasonable period of time.

If no suitable solution can be found on site, the customer must obtain written confirmation from the service provider or the local representative (facts, list of defects). However, the service provider and the local representative are not authorised to recognise claims by the customer.

9.2 Compensation claims of the customer

The customer must notify beAnywhere in writing of his complaint together with the confirmation in accordance with clause 9.1 within 15 days of the end of the contract. In the absence of notification and/or confirmation in accordance with Clause 9.1, the customer shall not be entitled to any claims for compensation. After expiry of the period of 15 days, all claims such as reduction of the offer price, compensation etc. shall be forfeited.

10. Liability and risk

10.1 Extent of liability

beAnywhere shall be liable if contractually agreed services are not provided or are poorly provided, or if the customer has suffered damage as a result of a breach of duty by beAnywhere. Subject to the provisions under Section 9.2, the customer shall be entitled to compensation for the corresponding reduction in value or damages if and insofar as it was not possible for the offer management, service providers or beAnywhere to remedy the situation on the spot.

10.2 Limitations and exclusions of liability

If international agreements or national laws and restrictions based on international agreements exist which regulate compensation for damages arising from non-performance or improper performance of the contract or exclusions of liability, beAnywhere shall in any case only be liable within the scope of the corresponding applicable agreements and laws.

Any liability of beAnywhere is excluded if the non-performance or improper performance of the contract is due to:

failure on the part of the customer, in particular in the event of non-compliance with the instructions of beAnywhere, the offer management or service providers, lack of equipment, inadequate health, non-compliance with the conditions of participation, etc.

unforeseeable or unavoidable failures of third parties who are not involved in the provision of the contractually agreed services.

force majeure or an event which beAnywhere, the offer management, intermediaries or service providers could not foresee or avert despite all due care.

beAnywhere is authorised to engage auxiliary persons and/or third parties for the provision of services. If beAnywhere legitimately transfers the execution of the offer to a third party, beAnywhere shall not be liable for its actions or omissions, insofar as legally permissible.

The offers of beAnywhere take place in nature. Despite expert guidance, a residual risk cannot be excluded. By concluding a contract, participants recognise this risk.

11. Image files and social media

beAnywhere reserves the right to create image and film files during an offer, which are used for analytical evaluations in a professional context (e.g. video analyses for running courses). In addition, image and film files may be used for advertising and information purposes. These can be used in printed form, on your own website or on social media. Publications are made without personal details of the persons depicted and in some cases recognisable. The rights to these files belong to beAnywhere. Participants who do not wish to be filmed or photographed must inform us in advance so that their wishes can be respected.

12. Miscellaneous

12.1 Authoritative language

In the event of differences in interpretation due to different wording in the various language versions, the German version shall prevail.

12.2 Salvatory clause

Should one of these provisions be ineffective, this shall not result in the ineffectiveness of the entire GTC TCT, unless it can be assumed that it would not have been concluded at all without the ineffective part.

12.3 Ombudsperson

The parties are free to appeal to the Swiss Travel Industry Ombudsman (www.ombudsmann-touristik.ch) to reach an out-of-court settlement before any legal dispute regarding booked package holidays.

12.4 Insurances

beAnywhere expressly recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness. Not all cancellation insurance policies also cover course costs. This must be considered separately. Insurance is the responsibility of the customer.

12.5 Changes to the GTC TCT

beAnywhere may unilaterally amend the GTC TCT at any time. beAnywhere publishes the current status of the GTC TCT electronically on the website.

13. Jurisdiction

The contractual relationship between the customer and beAnywhere is subject to Swiss law. The place of jurisdiction is Vex.

Vex, 18th August 2024