General Terms and Conditions
1. Scope of Application
These General Terms and Conditions ("GTC") apply to the entire business operations of CAPE+coop e.G. (hereinafter referred to as "Cooperative").
2. Conclusion of Contract
The conclusion of the contract occurs through the acceptance of the offer from the Cooperative regarding the provision of services by the customer. The contract is concluded in any case when the customer avails themselves of the services offered by the Cooperative.
3. Prices
Unless otherwise stated, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value-added tax (VAT) and any other applicable taxes. The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract apply.
4. Payment
The Cooperative offers the customer the following payment options: invoice (also with online payment), advance payment.
The customer is obliged to pay the invoiced amount within 10 (ten) days from the invoice date. If the invoice is not settled within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, they will automatically be in default and collection proceedings will be initiated. From the moment of default, the customer owes default interest at a rate of 5% (five percent) and service interruptions may occur.
A set-off of the invoiced amount against any claim the customer may have against the cooperative is not permitted. The cooperative has the right to refuse delivery or the provision of services in the event of payment default.
5. Duties of the Cooperative
5.1. Provision of Services
Unless otherwise agreed, the cooperative fulfils its obligation by providing the agreed service. If no further provisions are agreed, the place of performance is the registered office of the cooperative.
5.2. Auxiliary Persons
The parties have the explicit right to involve auxiliary persons to fulfil their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory legal provisions and any applicable collective agreements.
6. Duties of the Customer
The customer is obliged to take all necessary measures for the provision of the service by the company without delay. The customer must take the measures at the agreed location, at the agreed time, and to the agreed extent. Depending on the circumstances, this includes providing suitable information and documents for the cooperative.
7. Appointment Cancellation
For agreed appointments for the provision of the contractual service, cancellation is free of charge up to 48 (forty-eight) hours before the appointment. In the case of a missing or late cancellation, the following costs will be incurred:
Up to 1 (one) working day before the agreed appointment, 50% (fifty percent) of the agreed price will be due. In the case of a later cancellation, the full costs of the service will be charged.
8. Warranty
The company guarantees that the agreed services will be performed in industry-standard quality.
9. Liability
Liability for any indirect damages and consequential damages is fully excluded. Liability for direct damages is limited to the price of the service. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damages to the company without delay.
Any liability for auxiliary persons is fully excluded.
10. Intellectual Property Rights
All rights to the products, services, and any trademarks belong to the cooperative or it is authorised by the owner to use them. Neither these terms and conditions nor any associated individual agreements involve the transfer of any intellectual property rights unless explicitly stated. Furthermore, any further use, publication, and making available of information, images, texts, or anything else that the customer receives in connection with these provisions is prohibited unless explicitly approved by the cooperative.
If the customer uses content, texts, or visual material in connection with the company that is protected by third parties, the customer must ensure that no third-party rights are violated.
11. Data Protection
The cooperative may process and use the data collected in the course of the contract conclusion to fulfil its obligations under the contract. The cooperative takes the measures necessary to secure the data in accordance with legal requirements. The customer fully agrees to the storage and contractual use of their data by the cooperative and is aware that the cooperative is obliged and entitled to disclose information from the customer to courts or authorities upon request. If the customer has not expressly prohibited it, the cooperative may use the data for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.
Personal data is processed in accordance with the applicable data protection regulations of Switzerland.
12. Amendments
These terms and conditions may be changed by the company at any time.
The new version comes into effect 30 (thirty) days after it is published on the website by the cooperative. For customers, the version of the terms and conditions that is in effect at the time of the conclusion of the contract applies. Unless the customer has agreed to a newer version of the terms and conditions.
13. Priority
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that further specify the provisions of these terms and conditions take precedence over these terms and conditions.
14. Severability Clause
Should any provision of this contract or any annex to this contract be or become invalid, the validity of the remaining provisions of the contract shall not be affected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.
15. Confidentiality
Both parties, as well as their assistants, undertake to treat all information provided or acquired in connection with the services confidentially. This obligation shall remain in effect even after the termination of the contract.
16. Force Majeure
If the timely fulfilment by the company, its suppliers or third parties involved is impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the company is exempt from fulfilling the affected obligations during the duration of the force majeure and for a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company may withdraw from the contract. The company must fully refund any payments already made by the customer.
Any further claims, particularly claims for damages due to force majeure, are excluded.
17. Applicable Law / Jurisdiction
These terms and conditions are governed by Liechtenstein law. Unless there are mandatory legal provisions to the contrary, the court at the company's registered office shall have jurisdiction. The company is free to file a lawsuit at the defendant's registered office.
Travel Costs
Travel costs include expenses for distance travelled and total travel time as well as expenses, flight costs, and overnight stays. Travel costs are calculated by the respective project manager. Expenses are usually calculated from Vaduz, Liechtenstein. With written confirmation from the customer, costs from the respective deployment location of our employee to the customer’s deployment location can also be charged.
a) Kilometres
Round trip to the customer's deployment locationCHF 0.75/km
b) Time
Total travel time, based on the round trip to the place of service.
- 1/10h steps calculation of travel time.CHF 75.00 / hour.
- Travel on Saturdays, Sundays and public holidays is subject to a surcharge of:50 %
c) Overnight stays, expenses
For overnight costs, meals and minor incidental expenses on multi-day trips, we charge: Per Diem rates of the European Commission. Transport (flight, train, taxi, car) will be billed according to actual expenses.
Per Diem as of 2024 (examples):
- Germany CHF 207.00/(Days-1)
- Switzerland CHF 237.00/(Days-1)
- Austria CHF 215.00/(Days-1)
- France CHF 259.00/(Days-1)
- Spain CHF 198.00/(Days-1)
- Croatia CHF 170.00/(Days-1)
- Greece CHF 178.00/(Days-1)
- Morocco CHF 188.00/day (including 1st day)
- USA (except N.Y) CHF 258.00/day (including 1st day)
d) Flight costs
Flights will be billed according to actual expenses, travel time as per b):.
Y, B-Class for flights with a travel time under 2 hours.
C, J, D-Class for flights over 2 hours travel time or for work-related necessity.
e) Flat rate for local zones
Clients whose company headquarters are within a radius of 50 km from our company headquarters:CHF 80.00/assignment.
No further travel costs will be incurred.
h) Remote Services
No travel costs are charged for remote services.
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