By signing, the tour operator or the tour guide as an agent of the tour operator must confirm in a declaration for the supplier (seller) that
- None of the members of the group is domiciled in Switzerland;
- All of the tour members entered the country together and will leave together within 90 days after receiving the goods bought from the supplier.
The tour guide does not necessarily have to be present when the tourist group enters and leaves Switzerland. It is possible for the tour guide to meet the tourist group directly after arrival in Switzerland and to leave the group again directly before departure (e.g. at the airport).
The tourist group does not necessarily have to shop as a group in the supplier's retail outlet. It can happen that a separate programme is proposed and that a tourist group is split up. It is irrelevant whether the tour members opt for a programme component when booking the trip or shortly beforehand. In such cases, however, it absolutely must be obvious for the supplier and also evident in the list of tour members which tour members from which tourist group are buying in the shop.
Example
A tourist group starts their tour at Zurich airport. The tour guide and tour members travelled individually to the meeting point at Zurich airport. Even if the tour members all took the same plane, the tour operator or tour guide cannot confirm that all of the tour members entered the country together, as the inbound and outbound trips were not organised for the tourist group as such. If a declaration does not contain confirmation from the tour operator or tour guide that all members entered the country together and will leave together, the group is not deemed a tourist group in accordance with the ordinance.