Federal Act on Package Travel
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 12 Complaints
1 The consumer must communicate any failure in the performance of the contract which he or she perceives on the spot to the supplier of the services concerned and to the organiser or the retailer in writing or any other appropriate form at the earliest opportunity. 2 In cases of complaint, the organiser, the retailer or his local representative must make prompt efforts to find appropriate solutions.
Art. 13 Alternative arrangements
1 Where, after departure, a significant proportion of the services contracted for is not provided or the organiser perceives that it will be unable to procure a significant proportion of the services to be provided, the organiser shall: a. make suitable alternative arrangements for the continuation of the package; b. compensate the consumer for the loss suffered; the quantum of damages corresponds to the difference between the services offered and those supplied. 2 If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the organiser must provide the consumer with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed. In addition, the organiser must compensate the consumer for the loss suffered therefrom. 3 The measures under this Article do not justify any extra charge to the consumer.
Para. 2 — The correction of the federal drafting committee of 20 August 2021 concerns the Italian text only (RU 2021 496).
Art. 14 Liability; Principle
1 The organiser or the retailer party to the contract is liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations must be performed by that organiser or retailer himself or by other suppliers of services. 2 The organiser and the retailer have a right of recourse against other suppliers of services. 3 In the matter of damages arising from the non-performance or improper performance of the contract, the limits of compensation provided for in international conventions remain reserved.
Art. 15 Exceptions
1 The organiser or the retailer are not liable to the consumer where the non-performance or improper performance of the contract is due to: a. failures attributable to the consumer; b. unforeseeable or unavoidable failures attributable to a third party unconnected with the provision of the services contracted for; c. a case of force majeure or an event which the organiser, the retailer or the supplier of services, even with all due care, could not foresee or forestall. 2 In the cases referred to in paragraph 1 letter b, the organiser or the retailer party to the contract is required to give prompt assistance to a consumer in difficulty.
Art. 16 Limitation and exclusion of liability
1 Any limitation of liability by means of a contractual clause for personal injury arising from the non-performance or improper performance of the contract is excluded. 2 In the matter of other damages, liability may be reduced to double the amount of the total price of the package by means of a contractual clause, save for damages caused wilfully or through gross negligence.