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Terms and Conditions (Transportation Services)

5. Terms and Conditions (Transportation Services)

Please read these terms and conditions carefully, as they contain important information for the contractual relationship between you and the agent of individual tourist services (such as flights, hotels, rental cars, transfers or day trips).

The following General Terms and Conditions (also referred to as General Terms and Conditions or Agency Terms and Conditions) govern the contractual relationship between you, the customer (hereinafter also referred to as customer/s), and the agent of individual tourist services, the company Heller CM Services (hereinafter referred to as lucernetransfers.com, Company, we), Zihlmattweg 44, 6005 Lucerne, Switzerland.

Lucernetransfers.com is a travel agent for individual tourist services such as flights, hotels, rental cars, transfers or day trips. If you book specific travel services through lucernetransfers.com, a separate legal agreement between the customer and the respective service providers such as airlines, hotels, rental cars, cabs, transfers or day trips (hereinafter also referred to as service providers or travel service provider) will be concluded, which is subject to the respective terms and conditions of the service providers, which are not displayed herein.

Please note that pre-formulated terms and conditions by the customer that differ from the following agency terms and conditions, even if known, do not become part of the contract, unless lucernetransfers.com agrees to a change or modify the agency terms and conditions in writing.

5.1 Scope of services

Lucernetransfers.com provides the user with data and with availabilities of the respective travel service provider. You have the option to appoint lucernetransfers.com as an agent for a reservation of a travel service provided by the respective (travel) service provider. Between you, the customer, and lucernetransfers.com, an agency service agreement (contract) is concluded upon booking.

Under these Terms and Conditions, lucernetransfers.com provides its (reservation) services as an agent only.

A separate contractual relationship will be concluded between you, the customer, and the service provider (e.g. airline) upon booking. The respective service provider (such as airlines, hotel operators, insurance companies, car rental companies or tour operators) is solely responsible for the fulfillment of the contract of the travel services, selected by the customer. Lucernetransfers.com is not involved in the contractual relationship between the customer and the service provider and therefore is not liable for the fulfillment of the contract between you, the customer, and the service provider.

In addition, the customer has no legal claim against lucernetransfers.com for the acceptance of an order to provide a requested service. Furthermore, lucernetransfers.com has no influence on whether the requested service provider (e.g. airline) accepts the reservation to conclude a contract.

The acceptance of your reservation by lucernetransfers.com occurs upon availability of the selected service by providing the booking number or invoice. The agency contract ends with the delivery of the travel documents (e.g. booking number or invoice).

The services of lucernetransfers.com are limited to the reservation/booking of the selected travel services and will end with the delivery of the travel confirmation, tickets, booking number and any other necessary documents for the successful reservation/booking of the services.

Any other confirmation documents shall be understood to be the delivery of the e-tickets or the booking number of the airline when booking a flight, the travel documents when booking a package tour, and the booking confirmation and linked vouchers of the confirmation email when booking a rental car.

Service fees (e.g. booking fees, administrative costs) may be incurred for a reservation (purchase) of a travel service. The final price displayed (sales price) includes all costs incurred in connection with the purchase of the requested service or product. Any price information provided by the service provider may not include costs and/or service fees in connection with the reservation (purchase) of a travel service or product. You will find a detailed list of the service fees during the booking process under the corresponding price information. We would like to inform you that service fees are generally not refundable in the event of a rebooking or cancellation of a service or product, even if the service was cancelled by the (travel) service provider.

Information on any changes regarding departure and arrival times, locations of stopovers, connections to be reached and health or entry regulations at the destination are not part of the service agreement between the customer and the agency lucernetransfers.com. Please contact your (travel) service provider (e.g. airline) directly for more information.

5.2 Service provider

The agency terms and conditions of lucernetransfers.com regulate the agency services of different individual tourist services and reservations. The agency terms and conditions apply independently and in addition to the terms and conditions and guidelines of the selected (travel) service provider. Lucernetransfers.com has no influence on the conditions (GTC) and binding guidelines that are part of the contract between you, the customer, and the (travel) service provider. Lucernetransfers.com is not liable for the conditions (GTC) and the binding guidelines, which the customer has agreed with the (travel) service provider upon booking.

Some service providers provide their terms and conditions as well as binding guidelines in a language other than the customer’s native language. If you do not understand the contractual language of the selected service provider, you, the customer, are obliged to seek assistance from someone (a person or institution) who knows the contractual language of the service provider. Your selected assistance may inform you about the content of the contract between you, the customer, and the service provider or translates the content in your native language. Lucernetransfers.com is not obligated to translate the terms and policies into the customer’s native language. It is solely the responsibility of the customer to understand the contents of the contract.

Upon booking of a travel service, you confirm that you have read, understood and accepted the terms and conditions of the (travel) service provider.

The current conditions (GTC), the binding guidelines as well as the contact details of the service provider, can be found on the respective web addresses of the service provider.

Some service providers, especially airlines, are blacklisted by a country or an association. It is the customer’s own responsibility to check whether a service provider (especially an airline) is on a blacklist.

The blacklist of the European Union can be found at the following link: https://ec.europa.eu/transport/modes/air/safety/air-ban_en.

5.3 Conclusion of a contract

The customer must have full legal capacity to use our service as well as those of the respective service providers.

The presentation of all tourist services do not constitute a binding contract with lucernetransfers.com or the service provider.

By offering a product or service, lucernetransfers.com does not guarantee its availability at any time.

The customer has the option to book a tourist or travel service. Upon completion a binding booking that is subject to payment, you, the customer, rather make a binding offer to purchase or make use of the described products or services. You, the customer, are bound to this offer for 72 hours.

By completing the booking form and paying for the individual travel service, you are bindingly authorizing lucernetransfers.com to acquire the selected service on your behalf.

The acceptance of a booking by lucernetransfers.com and the conclusion of an agency contract is subject to the availability of the requested service by notification of the booking number, the invoice or a booking confirmation. This notification can be made in an informal manner. Furthermore, after the booking number, the invoice or a booking confirmation has been received, the contract between you, the customer, and the selected service provider (e.g. airline) will come into effect.

The agency contract ends with the acceptance of the purchase by lucernetransfers.com and the respective service provider.

The agency contract does not include:

– the communication of any changes or cancellations regarding the purchased (travel) service by the (travel) service provider

– the validation of entry requirements and the organization of valid travel documents

– To verify the carriage conditions and registration of passengers requiring special care (e.g. disabled, sick or other persons requiring special care or children who are unaccompanied by an adult).

Please refer to the section Customer Due Diligence as well.

5.3.1 Booking procedure transportation services

When making a booking with us, you are required to provide all necessary information, such as passenger name, dates, pick-up details and payment details, and to ensure their reliability. It is your responsibility to contact us if there are any changes to the transfer details previously provided. All communications from us will require acknowledgement of receipt: you should check the voucher on receipt and notify us of any discrepancies. As soon as we have received your request for a transfer, we will confirm it in writing and get in touch with you regarding the payment.

5.3.2 Cost of transportation

Unless you have any additional requirements (extra drop off, waiting time, last minute updates, etc.), we offer an all-inclusive price with no hidden costs. Prices are based on current rates and tariffs agreed between the company and the client. The prices quoted to the client at the time of reservation may be subject to change only if certain price determinants such as the Swiss franc/euro exchange rate, fuel costs, taxes or other government levies change.

5.3.3 Estimation of the transfer time & Responsibility

The distance and time indicated on the voucher are for planning purposes only. Depending on traffic, weather, road conditions or other events, the distance and time of the transfer may change.

It is your responsibility to plan ahead in terms of time. You are responsible for allowing enough time to reach your destination. If you have an onward journey by another means of transport, such as a flight, train or bus journey, you are responsible for the planning in terms of time. You cannot hold us responsible if we are unable to get you to your destination on time. We cannot be held responsible if you do not reach your onward travel arrangements.

We cannot be held responsible if you have not calculated your travel time carefully or if we arrive late at your destination due to road works, weather, traffic jams or other circumstances. No compensation will be paid.

Again, please note that we are not responsible for road traffic, traffic congestion or road works. We do not breach the traffic law. It is your responsibility to allow enough time, e.g. between arrival at the airport and your departure flight. In case you do not reach your departure flight, we cannot be

held responsible. We do not pay any compensation in this matter.

5.3.4 Children & Child seats

When making a reservation, all children and infants should be included in the total number of passengers, regardless of age. It is your responsibility to advise us of the age of the child(ren) so that the appropriate child seat can be provided. If you wish to use your own child safety seat, we will need to be informed of this so that we can ensure that the vehicle provided will be able to accommodate the seat. If you are traveling by coach, child seats cannot be provided. These vehicles do not have compatible seats.

Please make sure that you are aware of the local laws in force if you are traveling with children. In some destinations, children must travel in child safety seats. You are responsible for correctly providing all passenger information at the time of booking and, if traveling with children, selecting the necessary extras to comply with legislation in the country where you have booked the service. Child seat may be an extra and are not offered for free and must be paid for by you at the time of booking.

5.3.5 Disabled passengers

We are unfortunately not a specialist provider of disabled transportation, but we will do our best to meet your requirements. If you or a member of your party has an illness or disability, please contact us prior to your booking so that we can ensure that the most suitable vehicle can be arranged to meet your requirements as well as being available. If you do not inform us that there are special requirements to be met for an illness or disability and if it is not possible to provide you with transport at the time of pick-up due to not providing us with important information, we may not be able to provide you with transport. If we have not been informed and we are unable to transport you to your destination as a result, we regret that we will not be able to refund the amount paid.

5.3.6 Luggage allowance

All vehicles used for your private transfer have a capacity for at least 1 medium sized suitcase per passenger seat, not exceeding 63cm x 40 cm x 21 cm. At the time of booking, you must inform us of all luggage to be transported. Smaller bags such as for cameras, handbags or small backpacks do not need to be declared. The passenger is responsible for any costs incurred if additional vehicles are required to transport undeclared luggage. Please note: Hand-luggage or smaller bags should not exceed 40cm x 20cm x 15 cm. In case your hand luggage exceeds 40cm x 20cm x 15 cm, you must declare it.

If you are traveling with excess baggage, please notify us up to three days prior to departure/pick-up. If the excess baggage is registered and confirmed by us in writing, we are able prepare the vehicle for your excess baggage and/or inform you about the possibility to carry more baggage. If the excess baggage has not been registered in advance, any additional baggage (excluding handbags, laptop bags) that that can be carried in the vehicle will be charged at CHF 15 (for each additional unregistered excess baggage. In addition, carriage of unregistered excess baggage cannot be guaranteed.

If a passenger requires carriage of special items or sports equipment – e.g. skis, golf clubs, bicycles, snowboards, wheelchairs/scooters etc. – those special items are considered additional excess luggage and those items not included in the rate nor is the carriage of those items confirmed. You may add those special items at the time of booking. If sports equipment or special items are not listed as additional bookable luggage you must inform us before or immediately after the booking (within 30 Minutes after you have made your reservation) by email. The transportation of those special items or sports equipment needs to be confirmed in writing to you. If you have not received a confirmation of transportation of you special items in writing you cannot assume that the carriage of your special items is confirmed.

If we are unable to carry non-registered excess baggage, we reserve the right to cancel the reservation. In this case, no refund of the paid amount will be made and the transportation service will be forfeited without any replacement for the service.

Luggage and other personal items are transported at your own risk and we are not responsible for any damage or loss.

5.4 File saving

The personal data provided by the customer, the relevant data for the booking as well as the contract wording will be stored for the processing of the booking and will be passed on to the (travel) service provider. We recommend that the customer himself ensure that the booking data and the contract text are stored permanently on its own, as they are no longer available online after processing the payment / booking.

All personal data will be permanently deleted by us no later than 18 months after receipt of the service provided by the service provider. Any data that is subject to the statutory retention obligation will only be deleted after the expiry of the statutory retention obligation.

5.5 Non receipt of confirmation documents, electronic tickets or emails

If you do not receive any confirmation documents (e.g. electronic tickets, booking numbers or confirmation emails) within one hour after booking or payment for a service or product, you are obliged to check your email inbox including your spam folder and to contact our customer service. Confirmation documents may be a booking confirmation or an electronic ticket from the selected (travel) service provider.

If you do not contact us within an hour after booking and payment, the confirmation documents (e.g. electronic ticket, booking confirmation or invoice) will be considered as delivered and received into your inbox.

5.6 Discrepancies or incorrect data

Any discrepancies in the confirmation documents provided to you following a booking must be reported to lucernetransfers.com immediately upon receipt of the confirmation documents by telephone, fax or email.

Please note that the delivery of the confirmation documents, invoice or electronic ticket(s) is considered as delivered and received if you do not inform us within one hour after booking / payment that you have not received the confirmation documents, invoice or an electronic ticket – (see non receipt of confirmation documents, electronic tickets or emails).

Lucernetransfers.com shall be given the opportunity to resolve or correct any discrepancies. If a notification of any discrepancies in the confirmation documents is not made by the customer and within the mentioned time frame above, all claims against the agency lucernetransfers.com shall be forfeited.

In addition, we would like to remind you that all discrepancies, complaints or non-fulfillment concerning the contractual relationship between you, the customer, and the (travel) service provider must be reported directly to the (travel) service provider.

Lucernetransfers.com shall only be liable for the orderly reservation of the selected service.

5.7 Payment overview / Invoices

After a successful booking, we recommend that you save or print the booking confirmation including the payment overview. In addition, you can request an invoice at any time by filling out our contact form.

5.8 Invoicing of various individual services with different service providers

If the customer requests lucernetransfers.com to purchase individual tourist services from different service providers, the individual tourist services can be listed on a single invoice for reasons of clarity and environmental protection. If the individual tourist services of different service providers are listed on the same invoice, it does not count as a package tour and no holiday package contract is concluded between lucernetransfers.com and the customer. In each case, there is a contract with the selected (travel) service provider. Lucernetransfers.com is not responsible for the orderly fulfillment of the listed services. Please contact the respective service provider directly if problems occur.

5.9 Linked travel arrangement (EU Directive)

When booking additional travel services for your trip through our company following the selection and payment of a travel service, you will NOT be able to exercise the rights applicable to package travel under Directive (EU) 2015/2302.

When booking additional travel services for your trip through a provided link or links, you may also NOT exercise the rights applicable to package travel under Directive (EU) 2015/2302.

Lucernetransfers.com is not responsible for the orderly fulfillment of such additional travel services. Please contact the respective service provider in case of any problems.

5.10 Right of withdrawal

A right of withdrawal is excluded for the arrangement of tourist services (such as flight, bus and train tickets, hotel bookings, excursions, transfers). You do not have a right of withdrawal.

5.11 Payments

The total amount of the booked tourist service or product is due upon the conclusion of the agency contract. The total amount may be settled by one of the listed payment methods at the time of booking.

A partial or down payment is not permitted unless the customer is offered a partial or down payment during the booking process.

The displayed prices and fees are shown in CHF, EUR or another currency. The actual amount invoiced by the service provider may differ due to different conversion rates if this is done in a currency other than the currency of the customer’s (payer’s) residence or the currency of his credit card statement / banking institution. In addition, the statement may include a fee from the credit card provider for processing a payment in another currency. Lucernetransfers.com is not responsible for such costs (foreign transaction fees) and also has no influence on any fees charged to the customer by his banking bank or credit card provider. Lucernetransfers.com shall not be liable for any costs resulting from exchange rates and fees for foreign currency transactions.

Payments can be accepted either by the service provider or by lucernetransfers.com. If the payment is accepted by lucernetransfers.com, this is done on behalf of the service provider. In this case, lucernetransfers.com will accept payment of the total amount including any service charges and will immediately forward the payment for the service or product to the (travel) service provider. lucernetransfers.com, after it has forwarded the final amount of the service or product to the (travel) service provider, is no longer holding the amount paid for the booked service to be provided by the (travel) service provider.

5.12 Amendments

If you would like to modify the booked service the general terms and conditions, guidelines or tariff conditions of the respective service provider, which have been accepted by the customer with the conclusion of the agency contract, shall apply.

Lucernetransfers.com has no control or influence over the terms and conditions, policies and tariff conditions of the service provider.

You have the right to contact the (travel) service provider at any time for a modification of your booking. If the terms and conditions, policies and tariff conditions of the (travel) service provider allow a modification of the booked service, you have the right to modify your booking directly with the (travel) service provider. Please note that the service provider may incur additional charges, which are regulated in the terms, guidelines and tariff conditions. Please also note that any change is subject to the availability provided by the service provider.

All additional costs, which may be incurred in the event of a change in the service, are to be borne by the customer. Lucernetransfers.com will not be responsible for any costs of modification. Lucernetransfers.com is only liable for the orderly reservation of the selected (travel) service.

You have the option to authorize lucernetransfers.com to modify the booked service. On behalf of the customer, lucernetransfers.com will contact the (travel) service provider to request the change of the booked service for the customer.

If you authorize lucernetransfers.com to request a modification of the booked service, additional costs for our service will be charged under consideration of the conditions, guidelines and tariff conditions of the service provider. Please note that our service fee is in addition to the fees charged by the (travel) service provider. The service fee for our service is 20 CHF.

You may amend your booking up to 7 days prior your your scheduled pick-up free of charge. if you need to amend your booking within 7 days to 24 hours before your scheduled pick-up time a service fee of 20 CHF applies. All amendments are subject to availability,

Amendments (changes) must be made by email, phone or messenger services and will be reviewed by the Company and confirmed by email. You will be responsible for any increased transfer service costs incurred as a result of the requested amendment. Below are a few examples of where revised prices may be applied:

– Additional charge for last minute changes (changes within 24 hours of pick-up time, if the service will be available and the amendment has been accepted): 40 CHF

– Additional drop off/pick up on the way: 20 CHF will be applied for 1-8 passengers; 100 CHF will be applied for 9 and more passengers

– Changes in the actual number of passengers not previously notified to the transfer operator

No changes can be made to a destination other than the one which is the subject of your booking. The only changes that can be made are extras and pick up and drop off dates or times.

Special rates will be applicable for any request for services not mentioned above.

There is no charge for the first 2 changes to a confirmed booking (up to 7 days prior your scheduled pick-up time). A handling charge of 20 CHF applies from the third change onwards and for each change.

All changes are subject to availability. Requests for changes or cancellations should not be made to the drivers: only the Transfer Operator has the right to confirm your changes or cancellations.

We do not charge for amending or changing your booking up to 7 days before the pick-up time, although we reserve the right to do so if the amendment increases the price of your original booking. If there is a price increase due to a change to your reservation to the services you booked, you will be required to pay the difference in price between the services you originally booked and the price of the new services you requested.

If you request a change to your booking that involves services to a destination other than the one specified in your booking, you will be required to cancel your original booking and make a new booking. Cancellation charges may apply.

5.12.1 Waiting Time, Obligation to contact the Company & No Show

Airport: The free waiting time is 60 minutes from the time of departure. The free waiting time includes the loading of luggage. Each additional minute of waiting time will be charged with 1.00 CHF / min or your booking will be treated as a no-show (with no refund) in case of any further delays.

Other pick-up points: Your driver will arrive at least 5 minutes before the departure time. The free waiting time is 15 minutes from the time of departure. The free waiting time includes the loading of luggage. Each additional minute of waiting time will be charged with 1.00 CHF / min or your booking will be treated as a no-show (with no refund) in case of any further delays.

We strongly recommend that you contact us immediately if your flight is delayed or cancelled.

It is your responsibility to contact us if you are unable to find the driver at the agreed pick-up point or if you are delayed at immigration, customs, lost baggage or baggage claim.

If you fail to contact us within the free waiting period, the booked service may be considered as a “no-show” after the free waiting period mentioned above (1 hour at the airport and 15 minutes outside the airport). In the event of a “no-show”, you agreed to pay the full cost of the booked service without being entitled to any transportation.

5.12.2 Delayed or cancelled flights

The Company will monitor your flight and if your flight is delayed, the pick-up time will automatically be adjusted to the flight arrival time. The Company reserves the right to treat your reservation as a no-show without refund if your flight is delayed by more than one hour. If you have contacted us in advance and at least within the free waiting period we may agree to hold your reservation for the next available transfer at the earliest possible time, subject to availability. The Company has the right to treat your reservation as no-show and demand payment from the Client if the flight is/was cancelled. In order to claim reimbursement from the airline or travel insurance company, we will provide you with an invoice.

5.13 Cancellations (Agency Services)

If you would like to cancel the booked service the general terms and conditions, guidelines or tariff conditions of the (travel) service provider, which have been accepted by the customer upon booking the service(s), apply.

Lucernetransfers.com has no control or influence over the terms and conditions, policies and tariff conditions of the service provider.

You have the right to contact the (travel) service provider at any time to cancel the service(s) you have booked. If the terms and conditions, policies and tariff conditions of the (travel) service provider allows you to cancel the purchased service, you may cancel the service directly with the (travel) service provider. Please note that the (travel) service provider may charge additional fees, which are regulated in the terms and conditions, guidelines and tariff conditions of the (travel) service provider.

All additional fees, which may be charged in case of cancellation of the purchased or booked service, are to be borne by the customer. Lucernetransfers.com shall not be liable for any cancellation costs. Lucernetransfers.com shall only be liable for the orderly reservation of the selected service.

You have the option to authorize lucernetransfers.com to cancel the booked service. On behalf of the customer, lucernetransfers.com will contact the (travel) service provider to cancel the reservation or the service for the customer.

If you request or authorize lucernetransfers.com to cancel your reservation or service with the (travel) service provider, additional costs for our service will be charged, subject to the conditions, guidelines and tariff conditions of the (travel) service provider. Our service fee for cancellation is 20 CHF.

A refund will be made of the amount paid less our service and administrative fees upon booking, cancellation fees charged by the service provider, and our service charge for cancellations.

Lucernetransfers.com reserves the right to cancel the purchased service if full or timely payment has not been made by the customer. For cancellations due to non-payment, the customer still has to pay lucernetransfers.com the selling price or at least the costs incurred in connection with a cancellation for the reasons mentioned above plus the non-refundable service and administrative costs.

5.13.1 Cancellation (Transportation Services)

Economy, Midsize SUV and Economy Van vehicles: You may cancel your reservation up to 24 hours prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation. The cancellation is almost free of charge. A processing fee of 20 CHF maybe charged for a cancellation up to 24 hours to the confirmed pick up time and/or the first booked service on one itinerary/confirmation. The processing charge covers bank administration as well as any additional costs.

No refunds will be made for no-shows, delays resulting in a cancellation beyond the free waiting time and/or cancellation within 24 hours prior the confirmed pick-up time.

Premium vehicles: You may cancel your reservation up to 72 hours prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation. The cancellation is free of charge. A processing fee of 20 CHF maybe charged for a cancellation up to 72 hours to the confirmed pick up time and/or the first booked service on one itinerary/confirmation. The processing charge covers bank administration as well as any additional costs.

No refunds will be made for no-shows, delays resulting in a cancellation beyond the free waiting time and/or cancellation within 72 hours prior the confirmed pick-up time.

Other vehicles: You may cancel your reservation up to 65 days prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation. A processing fee of 20 CHF will be charged. If you cancel your reservation between 64 and 33 days prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation a processing fee of 290 CHF will be applied to your cancellation. If you cancel your reservation between 64 and 33 days prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation a processing fee of 290 CHF will be applied to your cancellation.If you cancel your reservation between 32 and 10 days prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation a cancellation fee 60% of the value of the reservation will be applied to your cancellation. If you cancel your reservation between 9 and 3 days prior to the confirmed pick up time and/or the first booked service on one itinerary/confirmation a cancellation fee 90% of the value of the reservation will be applied to your cancellation. No refunds will be made for no-shows, delays resulting in a cancellation beyond the free waiting time.

The cancellation policy does not apply to ‘No Free Cancellation’ or ‘No Refund’ reservations.

5.13.2 Amendments and cancellation by the Company

The Company reserves the right to cancel or amend the transportation arrangements in the event of force majeure. This includes war, pandemics, epidemics, natural disasters, military operations etc., as well as delays and deviations caused by weather conditions (heavy rain, thunderstorms, fires etc.) or public services. In case of a cancellation through our Company, the Company will notify the customer immediately and will refund the paid amount to the original form of payment within 30 days after the cancellation without any processing fees.

Furthermore, no reimbursements will be made if we need to cancel our service in the event of pandemics, epidemics, civil wars, wars or warlike events.

5.14 Refunds (Agency Services)

Please note: Lucernetransfers.com is only an agent within the framework of these General Terms and Conditions. Between you, the customer, and lucernetransfers.com, an agency agreement is concluded upon booking of a service, whose subject is the arrangement of the selected service.

A separate legal agreement is concluded between you, the customer, and the (travel) service provider upon a booking. The relevant service provider (such as airlines, hotel operators, insurance companies, car rental companies or tour operators) is responsible for the fulfillment of the contract for the purchased services (tourist products and services) you have selected. Lucernetransfers.com, the agency, is not involved in the contractual relationship between the customer and the (travel) service provider and is therefore not liable for the fulfillment of the contract between you, the customer, and the (travel) service provider.

The terms and conditions of the (travel) service provider apply. Lucernetransfers.com is only liable for the orderly arrangement (reservation) of the (travel) service.

All booking fees and administrative costs that have been charged for the purchase or booking of a (travel) service are non-refundable.

The total amount of the service or product will be refunded to the customer less the agency service charges (booking fees and administrative costs) and any cancellation fees within 30 days of receipt of the amount to be refunded by the (travel) service provider. A refund will only be made to the person who made the payment when the service was booked.

Refunds will only be made if the (travel) service provider has instructed lucernetransfers.com to refund the amount and if we, lucernetransfers.com, have received the refundable amount from the (travel) service provider.

If we, lucernetransfers.com, have not received a refund from the (travel) service provider, the customer is not entitled to claim a refund from lucernetransfers.com. Any claim for reimbursement based on the contractual relationship between the (travel) service provider and the customer may not be claimed from the agent lucernetransfers.com.

A claim for reimbursement must be resolved by the customer directly with the (travel) service provider, since a separate contractual relationship between the customer and the service provider has been agreed. Lucernetransfers.com is not part of this contractual relationship.

You have the option to authorize lucernetransfers.com to verify the claim against the (travel) service provider. The authorization for the verification of the claim as well as the communication with the (travel) service provider, on behalf of the customer, is an additional service. In case of a successful reimbursement by the service provider (also partial reimbursements), a processing fee will be charged. The processing fee for this additional service is 25 CHF per person and only applies if lucernetransfers.com has been able to successfully obtain a refund (including partial refund) from the (travel) service provider on behalf of the customer. A refund will only be made upon receipt of the same by the (travel) service provider.

Refunds shall be made in form of a travel voucher / credit note. If refunds have been made by the (travel) service provider to lucernetransfers.com, these will be reimbursed to the customer as a travel voucher / credit note, unless another form of reimbursement has been agreed in writing between the customer and lucernetransfers.com, unless the (travel) service provider declares in writing that lucernetransfers.com has to refund the refundable amount to the customer (payer) in an other way.

If a refund is given in form of a travel voucher, the validity of the voucher depends on the (travel) service provider. The conditions of the (travel) service provider apply. If a travel voucher is not limited in its validity by the service provider, a travel voucher is valid for a maximum of 360 days after cancellation or non-fulfilment of the purchased (travel) service. The travel voucher must be redeemed within the validity by telephone, in exceptional cases also by e-mail, as well as through the agency lucernetransfers.com. If a travel voucher has been issued by the service provider, it can also be redeemed through the (travel) service provider. If the travel voucher has not been redeemed by the customer, it will expire without replacement or refund to the customer. A payout of a travel voucher is excluded, unless lucernetransfers.com agrees to a payout in writing and/or the (travel) service provider allows a payout of the voucher. A processing fee applies for the conversion of a travel voucher into a payout. The processing fee is a one-time fee of CHF 50.

A reimbursement amount in CHF, EUR or another currency may differ slightly due to exchange rate differences if the actual amount reimbursed by the (travel) service provider is in a different currency than the billing currency of the credit card provider or the customer’s banking institution. The relevant exchange rates at the time of booking as well as at the time of reimbursement apply.

Refunds issued by the (travel) service provider may take up to 12 months to process. Lucernetransfers.com will process refunds after we have received the refundable amount from the (travel) service provider.

Your claim for a reimbursement is generally made against the (travel) service provider and not against the agent.

5.14.1 Refunds (Transportation Services)

  1. Refunds will be issued only for eligible products and services as determined by our company.
  2. Refunds will only be issued to the original payment method used for the purchase.
  3. Refunds will be processed within 7 business days from the date of the refund request.
  4. The company reserves the right to refuse a refund if the product or service is deemed ineligible or if there is evidence of abuse of our policies.
  5. The company is not responsible for any bank fees or charges that may be incurred as a result of the refund.
  6. If a refund is issued, a processing fee of 20 CHF will be deducted from the refund amount.
  7. If the deposit paid is less than 20 CHF, no refund will be issued for the deposit.
  8. The corresponding service will be cancelled upon the issuance of a refund.
  9. If a product or service is cancelled or terminated by the company, a refund will be issued to the original payment method minus the processing fee of 20 CHF.
  10. This refund policy is subject to change without notice and it is the responsibility of the customer to review this policy periodically.

5.15 Force Majeure

Force Majeure are unusual and unforeseeable circumstances (e.g. natural disasters of any kind, in particular earthquakes, floods, severe weather, volcanic eruptions, pandemics, epidemics, riots, blockades, boycotts, fire, civil war, embargo, hostage-taking, war, revolution, sabotage, strike), which are not subject to the influence or control of the agent or the service provider and which are unavoidable even with the exercise of all due care.

The regulations of the respective (travel) service provider and the country in which the (travel) service provider is registered apply. If a (travel) service provider is registered outside the EU or the customer’s country of residence, no legislations of the EU or the customer’s country of residence can be applied. The legislation of the country in which the (travel) service provider is registered shall apply.

Furthermore, no reimbursements will be made in the event of pandemics, epidemics, civil wars, wars or warlike events.

5.15.1 Vehicle & Liability

We make every effort to respect the customer’s wishes regarding the vehicle chosen. However, the vehicle may be replaced by a vehicle of a higher capacity or by several vehicles, depending on availability. The price difference will be refunded if the change is a reduction in the category or size of the vehicle for which we have a cheaper rate.

As required by swiss law, all vehicles provided are fully insured for third party liability and are licensed.

For the actual provision of the Services, we have no liability to you. In no event shall the Company be liable to any person for any special, indirect or consequential loss or damage whatsoever (including, without limitation, any loss of revenue, profit, goodwill, data, business or contracts, or any loss or damage whatsoever resulting from or in any way connected with business interruption, loss of opportunity, loss of anticipated savings, wasted management or staff time, whether in contract, tort, or otherwise, whether or not such loss or damage could have been foreseen) arising out of or in any way connected with your booking, the Services, and/or your use of the Website or the Application. To the fullest extent permitted by law, we exclude all representations and warranties in relation to transport services booked through us.

We will not be liable for any accident during the provision of the service such as illness, injury or death unless it is the result of our negligence. The Company shall not be liable for missed flights or missed connections due to adverse weather conditions, traffic congestion, road traffic accidents, road works, acts of terrorism or vandalism or if the Customer has failed to allow sufficient time between the point of pick-up and the point of drop-off. In the event that the Company is unable to deliver its passengers to their confirmed destination for any reason within its control, we will not provide suitable alternative means of transport such as another coach, train, private car, taxi etc.

The Company reserves the right to consider alternative means of transport for the Customer if severe weather conditions are likely to disrupt the transport service. This right may be exercised at any time before and during the transport service. This decision is at the sole discretion of the Company’s management.

Any reimbursement by the Company of the cost of alternative transport for the Passenger to reach the final destination will not exceed the actual cost of the booking. Our liability to any Passenger is limited to the cost of the booking of the Services.

The accuracy of the transfer details provided is the sole responsibility of the customer. This includes the exact pick-up/drop-off address, a contact telephone number available during the journey, the age of any traveling children, the number of items of luggage and their dimensions. You must inform us if they do not correspond to the dimensions specified in the Baggage section of these Terms and Conditions. Parents or guardians (over the age of 18) of children and adolescents under the age of 18 are responsible for the conduct of the minors while in the Company’s vehicles and will be liable for any damage caused by the aforementioned minors. Seat belts must be fastened by all passengers in all vehicles. The Company’s liability is limited to the terms of its insurance policy in the event of an accident. Smoking and the consumption of alcohol / spirits are strictly forbidden in the vehicles of the Company.

Customers are responsible for providing complete and accurate information at the time of booking and for notifying us of any changes to this information. You hereby authorize the Company to charge your card for any damage caused by you during the transfer.

5.16 Charge backs

The customer may, in compliance with the applicable terms and conditions, authorize its banking institution, credit card provider or other payment processor to initiate a charge back process.

The customer is required to contact lucernetransfers.com prior to initiating a charge back process to clarify any queries prior to initiating a charge back process or to resolve any misunderstandings.

Furthermore, we would like to draw your attention that the you, the customer, has agreed on an agency contract with lucernetransfers.com and therefore lucernetransfers.com is not responsible for the fulfillment of the service provided by the service provider. A legal agreement for the fulfillment of the service provided was concluded between the customer and the (travel) service provider, even if  lucernetransfers.com collected the payment for the purchased service or product on behalf of the (travel) service provider. Your claim has to be directed towards the (travel) service provider, unless lucernetransfers.com has been proven to be in violation of the agency agreement. Lucernetransfers.com shall only be liable for the orderly reservation of the selected services.

Furthermore, we hereby inform the customer that additional costs will be incurred in the event of an unjustified charge back.

If the customer initiates a charge back (reversal procedure) against lucernetransfers.com, although a claim may be against the (travel) service provider (e.g. due to non-fulfillment of the contract) and the customer has not contacted lucernetransfers.com in advance, the customer shall bear all expenses for the charge back procedure (expenses charged to lucernetransfers.com by third parties), plus a processing fee of 120 CHF or EUR. In addition, after a charge back has been made, the customer is still required to pay for the non-refundable service fees and administrative costs charged upon booking of the selected (travel) service or product, as well as for the price of the booked service or product, unless lucernetransfers.com receives a refund from the (travel) service provider within 30 days from the date of the charge back.

If the customer initiates a charge back process for a partial amount and the initiation of the charge back process is not justified and the customer has not given lucernetransfers.com the opportunity to resolve any questions or misunderstandings prior to initiating the charge back process, the customer is liable for the disputed or charge backed amount, the expenses incurred for the charge back process and a processing fee of CHF or EUR 50. Lucernetransfers.com shall be entitled to the disputed or charge backed amount, the costs incurred for the charge back process as well as a processing fee of 50 CHF or EUR.

Furthermore, costs may be incurred for payment reminders, debt collection or court orders to pay.

5.17 Customer due diligence

The following duties of care are mandatory.

Please make sure to fill out the booking form carefully. Check the booking information you have provided and the corresponding booking details before booking and paying.

Incorrect information may lead to delays in processing your booking. Furthermore, incorrect data or information may lead to additional costs, payable by the customer.

The customer is obliged to provide a valid e-mail address for the communication between the customer and lucernetransfers.com or the (travel) service provider. The customer is responsible for the correct submission of a contactable e-mail address.

Please note that emails (especially from providers offering free services such as Yahoo, Google, AOL, GMX) may be considered spam according to the provider’s policies. It is possible that your email provider will move our messages to your spam folder or you may not receive our email.

Lucernetransfers.com and the (travel) service provider are not responsible for the policies of these mail service providers and are also not liable for non-deliveries to your electronic mailbox (email).

We recommend that you regularly check your email inbox (including spam folders) and make sure that electronic tickets, booking confirmations and other information that can be sent to your electronic mailbox are accessible to you (e.g. by adding our email address as a contact in your electronic address book).

If you are unable to receive emails from lucernetransfers.com or the (travel) service provider for any reason, please contact us immediately and provide us with an alternative option to receive our emails or messages (e.g. a different email address, mobile phone number or your WhatsApp contact).

You are obliged to check the accuracy and completeness of the tickets, confirmations, messages or documents provided. The customer shall be responsible for the verification.

If you notice an error or discrepancies in the documents or tickets provided, you are obliged to contact and notify us immediately. The same applies to the non-delivery of any documents.

Lucernetransfers.com is liable solely for the orderly reservation of the tourist service. The client is obliged to immediately notify lucernetransfers.com of any kind of discrepancy related to the fulfillment of the agency contract. Lucernetransfers.com shall be given the opportunity to rectify the deficiency to the extent reasonable. If the customer has not notified us of a deficiency relating to the agency contract, all claims against lucernetransfers.com shall be forfeited insofar as we could have reasonably remedied the deficiency.

Claims related to contracts between the customer and the (travel) service provider are to be made directly to the (travel) service provider.

The (travel) service provider’s general terms and conditions (including the airlines’ conditions of carriage) shall apply in addition to the agent’s terms and conditions.

The general terms and conditions of the (travel) service provider may regulate payment terms, regulations on due dates, liability, cancellation, rebooking and refund (if provided for), as well as other booking and tariff conditions. Please note the hyperlinks on our website, which refer to the corresponding terms and conditions of the (travel) service providers. Furthermore, the respective terms and conditions of the (travel) service provider can also be viewed online at any time by visiting the website of the (travel) service provider. Please read the terms and conditions and policies of the (travel) service provider carefully. We recommend to contact the (travel) service provider if you have any questions about the terms and conditions of the (travel) service provider before you make a booking.

Please note that all airfares published on our website on behalf of the airlines are subject to special regulations. For example, airline fare conditions often do not allow airline tickets to be transferred to other people (name change) or the ticket price may not be refunded if the ticket will be cancelled by the customer. Flight bookings may include several legs, for which tickets will be issued accordingly. According to the conditions of most airlines, they must be used sequentially.If this is not the case, the airline can deny further transportation on the booked flights. You may also be responsible under the relevant (travel) service provider terms and conditions to comply with the airline’s or other (travel) service provider’s requirements regarding check-in times, reconfirmation of return flights, and other matters. Check-in for international flights should be at least 120 minutes prior to departure, for domestic flights 90 minutes prior to departure. Some airlines require a reconfirmation of your flight booking at least 72 hours before departure. If you don’t reconfirm your booking with the airline by that time, your booking may be canceled.

If you notice a loss or damage of luggage, it is necessary to inform the (travel) service provider (the airline) immediately, otherwise you could lose a claim for compensation.

The customer is obliged to check the data of the (travel) service provider on his own responsibility before using the booked service (e.g. schedule changes, flight changes, changes in departure or departure times). This applies in particular to (travel) service providers operating on a fixed flight schedule or timetable. In the event of any changes, you are obliged to contact the (travel) service provider immediately.

The customer is obliged to inform lucernetransfers.com about any refund claims against the (travel) service provider immediately or no later than 30 days after awareness of the refund claim. If the customer does not inform lucernetransfers.com of any claims for reimbursement against the (travel) service provider, there may be a significant delay in processing the claim for reimbursement. In addition, the refund may be refused if there has been no information about a refund request from the customer, nor a refund has been made by the (travel) service provider to lucernetransfers.com.

The customer is obliged to contact lucernetransfers.com in writing, including email, before initiating a chargeback process. The customer must inform lucernetransfers.com of the reason for the chargeback. This obligation ensures that any queries or misunderstandings can be clarified in advance without incurring any costs. Chargeback processes always incur additional costs which have to be paid by the customer, if the chargeback is unjustified. If the agent lucernetransfers.com has not been contacted in writing prior initiating a chargeback process, additional costs may be incurred (processing fee between 50 EUR and 120 EUR, plus any costs charged by third parties). These costs are to be borne by the customer.

If there are any changes in your contact information, you are required to notify us immediately.

5.18 Liability / Disclaimer

Lucernetransfers.com guarantees that the reservation, processing of the booking, the collection of payments, the forwarding of contract documents and the required documents (e.g. booking confirmation or e-ticket) are carried out with the diligence of a prudent businessman. Lucernetransfers.com does not have any control over the (travel) service providers (e.g. airline), therefore lucernetransfers.com is not liable if the (travel) service provider has not accepted your reservation. The (travel) service provider, not lucernetransfers.com, is liable for the sending of documents (e.g. booking confirmation or e-ticket) or the fulfilment of the booked services.

Lucernetransfers.com does not provide any guarantees for the accuracy or quality of the tourism products and services provided by the (travel) service provider.

Lucernetransfers.com is committed to ensure that all available information, especially in terms of prices, restrictions and dates, are up to date, complete and accurate at the time of publication. All services or products presented are limited in availability.

Lucernetransfers.com shall only be liable in cases of intent or gross negligence regarding the orderly reservation of a selected service or product. In case of a minor breach of contractual obligations, the liability of lucernetransfers.com is limited to contractually and foreseeable damages. Any compensation for damages shall be limited to the purchase price of the service or product that has been purchased.

Lucernetransfers.com is not liable for indirect damages, consequential damages, lost profits or missed savings. Furthermore, lucernetransfers.com shall not be liable for the fulfilment of the (travel) services provided by the (travel) service provider. Liability is excluded in all cases except those relating to the agency contract.

5.19 Statute of limitations

Claims as well as reimbursement requests against lucernetransfers.com are subject to a limitation period of one year. The limitation period begins on the day on which the booked tourist product or service should end according to the contract (for example, the agency contract ends with the receipt of the booking confirmation or e-ticket).

5.20 Data processing

When a (travel) service or product is purchased, the customer’s personal information and data are processed by lucernetransfers.com, the company providing the (travel) service or product, and the payment service provider selected by the customer.

This information and data includes, but is not limited to, names, dates of birth, addresses, telephone numbers, email addresses, credit card information, invoices and payment methods. This information and data is used only to arrange or purchase as well as to pay for the selected (travel) service or product, for administrative purposes and for internal company analyses. As the information may also relate to third parties, you are advised to ensure that any information relating to other persons (third parties) is provided with their consent.

Customers from EU / EFTA countries

If we have to share your data with third parties (e.g. airline, payment service provider) to fulfill the agency contract or if we are required to do so by law, your data may be processed in countries outside the European Union / EFTA states. These countries may not have comparable data protection regulations.

For further information on how data is processed, please refer to our privacy policy. In addition, we would like to inform you that our privacy policy is part of the contractual relationship between you, the customer, and lucernetransfers.com.

5.21 Other regulations

Changes to the General Terms and Conditions (Agency Agreement)

Lucernetransfers.com reserves the right to change or renew the General Terms and Conditions (Agency Terms) at any time, effective immediately, without any obligation to notify the customer of such changes or renewals. The latest version of the General Terms and Conditions shall be made available at the time of booking or purchase.

Applicable law and place of jurisdiction

The contractual relationship between the customer and lucernetransfers.com shall be governed exclusively by the law of Switzerland.

Subject to mandatory legal requirements, the place of jurisdiction is Lucerne, Switzerland.

Lucernetransfers.com can only be taken to court at its registered office. For lawsuits by lucernetransfers.com, the domicile of the customer who has given us an agency order or who has concluded an agency contract with us, shall be decisive, unless the lawsuit is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is not known at the time the lawsuit is filed. The registered office of the agent shall be decisive in these cases.

Applicable language for different language versions

In case of differences in interpretation due to different formulations in the different language versions, the German version shall prevail.

Invalidity of a provision

If one or more provisions in our general terms and conditions are invalid or become invalid, this shall not affect the validity of the remaining provisions from the agency contract.

Consumer arbitration board

We do not participate in dispute resolution proceedings at any consumer arbitration board.

EU: The European Commission’s online dispute resolution platform is available at http://ec.europa.eu/consumers/odr. We do not participate in the dispute resolution procedure of the European Commission.

Insurances

Lucernetransfers.com strongly recommends that you purchase travel insurance such as trip cancellation insurance, insurance to cover repatriation costs in the event of accident or illness, or foreign travel health insurance.

Travel insurances cover a financial risk in case of an insured event and can be purchased from an appropriate provider of such insurances. Purchasing travel insurance reduces a financial risk that may occur due to cancellation, illness or accident. Please contact your insurer for more information

5.22 Additional conditions

Any person who is or appears to be under the influence of alcohol or illegal drugs and/or whose behaviour is deemed to be a danger to the driver, vehicle or other passengers may be refused carriage by the Company and/or the driver. No refund will be made.

The consumption of alcohol and smoking are not permitted in any of the vehicles provided.

As required by local law, all vehicles are fully insured. Passengers’ luggage is carried at their own risk. The Company cannot accept any responsibility for loss or damage of the luggage or personal items. We will not be responsible for any costs or arrangements for the return of items to the passenger. We will not be held responsible for any lost or forgotten items.

We will do our best to provide the service at the times confirmed in your booking. However, there is no guarantee that the vehicle and driver will arrive on time to start the service or that we will arrive at your destination on time.

If you have booked a transport service from an airport and the flight arrives more than 60 minutes after the time confirmed in your booking, we will wait for you within the free waiting time, but cannot guarantee the availability of the service if you arrive later than the free waiting time. It is your responsibility to be in contact with us in advance of your arrival. You will not be entitled to a refund in this case.

In some destinations, pick-up and drop-off may not be available at your hotel door. You may be dropped off or picked up at a central location within a reasonable walking distance of your final destination.

The pick-up and drop-off times advised to you may be affected by unforeseen circumstances such as road works, infrastructure works, adverse weather and traffic conditions. The vehicle will stop and collect passengers from the nearest accessible point to the arrival/departure point specified in your booking when these restrictions occur.

We do not refund or pay compensation for any delay or cancellation of the services you have booked due to a Force Majeure Event. Force Majeure Events may be but not restricted to accidents causing vehicle delays, unusual or severe weather conditions, complying with police requirements, vandalism and terrorism, unforeseen traffic delays, third party industrial action, problems caused by other customers, other circumstances affecting passenger safety, road closures due to local festivals or other events, properties inaccessible for the type of services booked, acts of God, landslides, road damage, floods, earthquakes, avalanches or other natural disasters, epidemics or pandemics, war, threat of war or similar, fire or explosion, terrorist attacks or riots. We will not be in breach of these Terms, nor will we be liable for any failure or delay in the performance of any of our obligations under these Terms, which is due to a force majeure event.

As of January 2023

 

 

 

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