Terms and Conditions

General Conditions Governing the Provision of Services, edition 2006

The below described terms and conditions provide the framework for the commercial relationship between the customer and MSPI Power Programs GmbH as provider and organiser of corporate events, incentives and action learning programs. Please read the following paragraphs carefully, it is assumed that the below mentioned terms and conditions are known to the customer and that he fully accepts and complies with them.

1. The Contracting Parties

Within the framework of these general conditions, the company that subscribes to the contract for the provision of services is referred to as "the recipient", this term does not apply to the individual persons designated as being "the participants". MSPI Power Programs GmbH, referred to hereinafter as "the service provider", is the legal entity responsible for the organisation and the implementation of the means necessary for the provision of the services.

2. Field of Application

These general conditions govern the legal relationship between the service provider and the recipient for all the services (concepts, specific proposals, mandates, projects) being a subject of this contract.

3. Price

3.1. The agreed price is the subject of a contract detailing the services and is fixed on the day of the signature by the parties contracting to the previously mentioned contract.

3.2. The service provider has the right to alter the agreed price to reflect any changes in the law, regulations or customs, between the day of the conclusion of the contract and the provision of the service.

3.3. These modifications are tacitly accepted by the recipient subject to a limit of 5% of the agreed price. If these price modifications, communicated to the recipient at least 30 days before the execution of the services, exceed 10% of the agreed price, the recipient has the right to terminate the contract within 7 clear days after receipt of the communication.

4. Deposit Payments

With the signature of the confirmation note resp. the enrolment form the therein mentioned prices for the provision of the defined and communicated services are considered as accepted contractual debts. Deposit payments are to be paid according to the following scale:

Participation fees for public class room coaching, seminars and workshops:

- 100% on enrolment, latest 10 days before execution

For specific projects and company programs:

- at the signature of the contract : 50 % of the total cost of the services (for companies not domiciled in

   Switzerland 80%)

- 30 days before the provision of the services : 40 % of the total cost of the services

- Payment of the final balance: 10 days after receipt of the final invoice

Costs for concepts, specific proposals and detailed pricing quotations: 50% on ordering day and 50% within 10 days after the work has been submitted. The total of this bill can be deducted from the project total bill if the project is awarded to topline events.

The non-observance of these conditions will involve the application of the regulations of paragraph 5.1 governing the expenses of cancellation. If the contract is signed within 30 days of the provision of the services, the totality of the deposits must be paid on the day of signature. The balance is to be paid within 10 days from receipt of the final invoice.

5. Cancellations and Modifications

5.1. File charge: A total cancellation of the services after the signature of the contract will require the payment of a file charge of 5% of the total project costs, min.  CHF 1'000.-, for public class room coaching, seminars, workshops CHF 300.-.

5.2. Cancellation charge: An exact list of the names and the number of participants must be sent to the service provider 30 days before the service. Cancellation charges are invoiced to the recipient after acceptance of this contract excluding application of the provisions of paragraph 3 subparagraph 3. The scale applicable is :

- from the signature to 61 days : 5% of the total project costs, min.  CHF 1'000.-

- 60 - 31 days : 50 % of the price

- 30 - 10 days : 80 % of the price

- 09 - the day of departure: 100 % of the price

6. Modification of the Contracted Services

6.1. The provision of services may have to be modified for reasons independent of the will of the service provider (strike, riot, war, weather conditions, etc). The service provider is the only judge of the necessity to modify his services for reasons related to the safety of the participants. In any event, the service provider will try to provide to the recipient, compensation or equivalent services.

6.2. Interruptions by Acts of God: If due to Acts of God, measures taken by the authorities or strike action, the performance of the services cannot be achieved within the times agreed are have to be reduced, the amounts already paid less the amounts related to the services already carried out will be refunded to the recipient.

7. Liability

The service provider declines all responsibility in case of accidents, of physical or material damage during the execution of the different activities organised. The service provider is exonerated from all responsibility in all cases where a fault, an omission or negligence ascribable to the recipient was likely to seriously disturb or to prevent the good execution of the services. The service provider cannot be held responsible for the damages caused to the recipient by a third party connected to the supply of the services defined by the contract. The service provider accepts responsibility for damages suffered by the recipient in so far that a fault is ascribable to him.

8. Insurance

The activities proposed by the service provider include sports and adventure elements and are partially executed outdoors. The customer and the participants are aware of the risks included in such activities and declare that they participate on their free will and at their own risk.  By signing the confirmation note the customer confirms that all participants are insured against accident and illness, and that all damages for and by the participants, which may arise from the execution of the defined activities, are covered by his insurance.

9. Complaints/Obligation to Co-Operate

In case of eventual interferences in the proper execution of the provided services the customer is required to do everything in his power to assist in the removal of the interferences in order to prevent possible damages or service reductions.

The service provider must be immediately be informed by the customer if there is any reason for complaint during the execution of the defined services. This is a pre-condition for latter damage claims. In most cases eventual interferences can be removed at once. 

If the services provided do not correspond to those agreed contractually the recipient must immediately deposit a written complaint with the service provider, at the latest 10 days after the execution of the contract. In the event of non-observance of this time limit, any claim for damages is inadmissible.

10. Applicable Law

Swiss commercial law is applicable to the legal relationships between the recipient and the service provider. All claims for compensation for damages become time barred one year after provision of the services.