Conditions générales d'utilisation

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General Terms and Conditions (GTC) of Jungfrau Sports Holding AG

13.07.2020

1 Scope of application

These General Terms and Conditions (hereinafter "GTC") apply to all companies of Jungfrau Sports Holding AG, namely Outdoor Interlaken AG, Grindelwald Sports AG, Alpin Raft GmbH and Jungfrau Sports Management GmbH. They regulate the relationship between the company concerned (hereinafter "Organiser") and each natural person (hereinafter "Participant") who uses the services of the Organiser.

 

2 Registration/conclusion of contract


Registration is possible at any time and can be done in writing, electronically, by phone or in person directly with the Organiser or a salesperson recognised by the Organiser. The availability of places cannot be guaranteed, so early registration is recommended.
By registering for a booked activity or tour, a binding contract is concluded between the Participant and the Organiser. By registering, the Participant also accepts these GTC as an essential part of the contract between themselves and the Organiser. The Participant is responsible for providing the Organiser with the correct personal data and for checking all details provided on the booking form/invoice. Any irregularities must be reported to the Organiser immediately. Any consequential costs arising from failure to report such irregularities shall be borne by the Participant.

 

3 Subject of the contract

 

The subject of the contract is the activity or tour as announced by the Organiser. The Organiser undertakes to provide the activity or tour booked by the Participant and as described by the Organiser. The Participant undertakes to pay the contractually agreed price to the Organiser. Additional services may be provided in agreement with the Organiser. Any additional costs incurred as a result shall be borne by the Participant.

 

4 Prices

 

All prices are per person and gross in Swiss Francs (CHF) including VAT. Prices are expressly subject to change. Prices quoted in foreign currencies are for information purposes only and are not binding.

 

5 Terms of payment

 

5.1 General terms of payment
The total amount as specified in the booking confirmation/invoice is due on conclusion of the contract and must be paid before the start of the activity or tour. If payment is not made on time, the Organiser reserves the right to withhold its services or to withdraw from the contract.

 

5.2 Special terms of payment for mountain sports activities
The total amount according to the booking confirmation/invoice is to be paid in accordance with the following special payment conditions:
• at least 30 days before the start of the activity or tour: a deposit of 50% of the total amount must be paid when the contract is concluded. The total amount must be paid at least 30 days before the start of the activity.
• within the 29 days prior to the start of the activity or tour: the total amount is to be paid on conclusion of the contract.

 

6 Cancellation or change of booking by the Participant

Group reservations must be confirmed with the Organiser at least 14 days before the start of the activity.
Any changes or cancellations of the booked activity or tour can be reported to the Organiser in writing or verbally up to 48 hours before the start of the activity or tour with a corresponding refund of costs and without additional cost. All documents already received (confirmations, tickets, vouchers, etc.) must be submitted. The decisive time point is time of receipt of the notification by the Organiser or one of its recognised sales agents.

 

6.1 Special provisions in the event of total cancellation of mountain sports offers

In the event of a total cancellation of the booked activity or tour, the Participant will be charged the following proportion of the total costs as per the booking confirmation/invoice:

 

For group bookings (more than ten Participants):
• 30 to 15 days before the start of the activity or tour: 50%.
• 14 to 10 days prior to the start of the activity or tour: 75%
• 9 days or less before the start of the activity or tour, or no-show: 100%.

 

For individuals (up to ten Participants):
• 30 to 15 days before the start of the activity or tour: 50%.
• 14 to 10 days prior to the start of the activity or tour: 75%
• 9 days or less before the start of the activity or tour, or no-show: 100%.

 

In the case of third-party services, the cancellation conditions of the service providers concerned shall apply. Any costs incurred in this respect may be charged to the Participant additionally.

 

6.2 Special provisions for partial cancellation of mountain sports offers
Partial cancellations of group bookings (reduction of the number of Participants) can be made up to 30 days before the start of the activity or tour, with reimbursement of costs and without additional cost consequences, in writing or verbally to the Organiser, subject to submission all documents already received (confirmations, tickets, vouchers etc.). The relevant date is the date of receipt of the notification by the Organiser or one of its recognised sales agents. A partial cancellation can only be made if the minimum number of participants of the booked group tour (from 2 people) is still satisfied.

 

Otherwise, in the event of partial cancellation of the booked activity or tour, the Participant shall pay the following proportions of the total costs as per the booking confirmation/invoice:
• 30 to 15 days prior to the start of the activity or tour: 50%
• 14 to 10 days prior to the start of the activity or tour: 75%
• 9 days or less before the start of the activity or tour, or no-show: 100%

 

6.3 Cancellation insurance

The Participant is responsible for taking out cancellation insurance, which is recommended. In the event of cancellation of the contract by the participant, cancellation insurance generally covers the above-mentioned costs.

 

6.4 Programme changes by the Participant
In the event of late arrival or early departure by the Participant, no refund shall be issued. Additional costs incurred due to late arrival, early departure or postponement of the activity shall be borne by the Participant. If the Participant postpones the activity, he shall be charged costs as per the above cancellation conditions.

 

7 Cancellation or change of programme by the Organiser

 

7.1 Minimum number of participants
For various activities or tours there is a minimum number of participants. If the minimum number of participants is not reached, the Organiser reserves the right to combine groups or to withdraw from the contract at short notice or to cancel the activity/tour. In this case the Organiser will try to find suitable substitutes. If it is not possible to fulfil the contract at another time or if the Participant cannot accept the substitute service offered, payments already made will be refunded, less payment for services used. Further claims for compensation are excluded.

 

7.2 Non-compliance with instructions and lack of ability to Participate
The activity or tour can be cancelled at short notice by the Organiser if Participants give cause to believe, through their behaviour or omissions before or during the activity, that the fulfilment of the contract is endangered or made impossible or if the activity has to be cancelled or changed due to illness or lack of fitness of the Participant. The Participant is not entitled to a refund.

 

7.3 Force majeure
If an activity or parts of an activity cannot be carried out due to force majeure, safety concerns on the part of the organiser, official measures, strike, non-operation of the mountain railways or uncertain weather or natural conditions, the Organiser is entitled to cancel or interrupt the activity, even at short notice, without any obligation to pay compensation. Cancellations will be communicated to the Participant immediately. The organizer is also entitled to move the course location or to modify the booked program with an alternative tour.

 

7.4 Substantial change of contract
If there is a significant change to a major point of the contract before the start of the activity or tour, or if a change to the programme leads to a price increase of more than 10%, the Participant can withdraw from the contract. Payments already made in accordance with the booking confirmation or invoice will be refunded to the Participant.

 

8 Conditions of participation and Participant's obligation to cooperate

 

8.1 Health
Good health is required for all the Organiser's activities and tours. The Participant is obliged to inform the Organiser about any health problems. In particular the following health conditions exclude participation in the activity or tour: eye surgery, high blood pressure, chronic ear diseases with balance problems, heart problems, epilepsy, increased risk in the cardiovascular system, neurological problems, whiplash and pregnancy. Under no circumstances may the Participant be under the influence of drugs, alcohol or psychotropic drugs or similar.

 

8.2 Organiser's instructions
The Participant shall meet the conditions of participation and strictly follow the Organiser's instructions. If the conditions of participation are not fulfilled or the instructions are not followed, the Organiser can exclude the Participant from the activity or tour. In the event of exclusion before the start of the activity or tour, the cancellation provisions in accordance with Clause 6 shall apply; after the start of the activity or tour no refund will be made.

 

8.3 Age
Participants under 18 years of age need the consent of their legal guardian to participate in the activity or tour. A minimum age is required for certain activities and tours.
 

8.4 Special conditions for jumping activities
The Organiser alone shall decide whether a jump can be performed. If the Participant does not complete the jump within ten minutes of the Organiser approving it, he shall lose the right to execute the jump and will not receive a refund of the jump fee. The minimum age for participation is 16 years.

 

9 Insurance

 

The Participant is not insured by the Organiser. Each participant is independently responsible for taking out all necessary insurances (especially health, accident, property and cancellation insurance and insurance for sports accidents).

 

10 Complaints

 

Should the Participant have reason for complaint or suffer damage, he must immediately inform the activity or tour leader. However, the activity or tour leader is not entitled to acknowledge claims and any such confirmation shall not constitute acknowledgement of fault. The activity or tour leader will try to find a remedy within the framework of the activity or tour.

 

11 Liability

 

Claims for damages are excluded unless resulting from intent or gross negligence. The Organiser is entitled to call in auxiliary persons and/or third parties for the provision of services. If the Organiser justifiably assigns the execution of the activity or tour to a third party, the Organiser shall, to the extent permitted by law, not be liable for the latter's actions or omissions.
In particular, the Organiser shall not be liable for damages caused by actions or omissions by the activity or tour leader that are not related to the provision of contractually agreed services or that are due to the actions of third parties, other participants, the Participant, force majeure such as natural events, official orders etc. or late return. If a participant does not follow the instructions of the Organiser, activity or tour leader etc., the Organiser shall not be liable.

 

12 Data protection

 

The separate privacy policy on the Organiser's website shall apply.

 

13 Applicable law and place of jurisdiction

 

The contractual relationship is subject to Swiss law exclusively. The parties agree that the exclusive place of jurisdiction shall be the organiser's registered office.

 

14 Severability clause

 

Should one of these provisions be invalid, this shall not result in the invalidity of the entire GTC, unless it is to be assumed that, without the invalid part, the GTC would not have been concluded.

 

15 Amendments

 

The Organiser reserves the right to change these GTC at any time. The GTC valid at the time of conclusion of the contract shall apply.