Terms and Conditions
General Terms and Conditions of the Tarifverbund Gstaad GmbH
General Terms and Conditions of the Tarifverbund Gstaad, represented by the Tarifverbund Gstaad GmbH
These General Terms and Conditions (GTC) apply to all services and products throughout the Gstaad ski region, as well as in particular those provided by companies that are part of the Tarifverbund Gstaad; see Applicable Law and Jurisdiction. By purchasing a ticket, the customer is aware of and acknowledges the following conditions.
If tickets are issued as keycards, a deposit fee of CHF 5.00 will be charged. Exceptions are possible - especially in connection with offers linked to other tariff associations and companies. The deposit will be refunded upon return of the keycard. These data carriers can be used multiple times. In the case of a damaged keycard no deposit will be refunded. No deposit fees will be reimbursed for data carriers from other service providers/ski regions.
For certain tickets a photo of the ticket holder is obligatory. This is taken directly at the ticket counter, digitised and loaded into the access system, and checked when used at mountain railways checkpoints.
2. Customer Data
The participating companies undertake to observe the applicable data protection legislation when handling and processing all customer data as well as customer usage data.
Customer data are only used to maintain and improve customer relations, quality and service standards, to maximise operational security, for ticket inspections to facilitate product design, crime prevention, commercial key data, statistics and invoicing. The customer hereby acknowledges and agrees that, in cases of joint provision of services in cooperation with third parties, the companies affiliated with the Tarifverbund Gstaad are entitled to make customer data available to such third parties to the extent necessary for the provision of the services. Furthermore, the transfer of customer data to third parties is only permitted with the explicit consent of the customer. An exception applies only if the affiliated companies are legally obliged to pass personal data on to third parties.
3. Tariffs: General Information
Issued tickets cannot be retrospectively exchanged for other types of tickets or similar.
Customers who claim services at discounted rates are obliged to prove that they are entitled to such discounts. The agreement/purchase transaction includes the obligation to be able to produce identification and to carry the corresponding documents in paper form while using such services. Customers using group tariffs cannot claim an individual purchase or payment. Groups are defined according to separate criteria.
Certain tickets are personal and non-transferable (especially season and annual tickets). Each ticket holder has to present the ticket and must carry official personal identification (ID, driving license, passport). Discounts are noncumulative. A breach of the applicable ticket regulations and misuse of tickets may result in their immediate withdrawal without compensation and a processing fee of up to CHF 500.00.
4. Mountain Railways Parking Areas
There are parking lots at various locations, and the correct parking fee is payable for the duration of your stay. Infringements will result in additional parking charges or fines, and detailed information is provided on the signs at the parking lots. If applicable, the parking rules of the respective company apply. These can be accessed at the valley stations operated by these companies.
5. Security Personnel
Users of transport facilities and ski slopes who disobey the instructions given by security personnel and who disregard signals may have their tickets withdrawn without reimbursement/compensation.
Users who seriously endanger one or more other persons by reckless and uncontrolled use of the facilities may be reported to the police or to an examining magistrate due to disruption of public transport in terms of Article 237 of the Swiss Penal Code. Reckless behaviour includes instances where off-piste riders or freeriders disregard avalanche warning boards no. 8 (avalanche risks in uncontrolled areas) andavalanche warning lights no. 8a as well as barriers, and use slopes that are at risk from an avalanche, and thus significantly endanger the life or health of persons who are using slopes, downhill runs, special facilities or trails. The instructions given by piste and rescue service personnel must be obeyed. In addition, actions endangering mountain railways and lift installations are defined in Articles 238 and 239 of the Swiss Penal code. (SKUS 2012: Guidelines for the establishment, operation and maintenance of snow sport runs. Article XIII.)
Children below 1.25 m in height may only use the chairlifts if accompanied by an adult.
6. Complaints / Liability
Any complaints made by ticket purchasers regarding the services provided by the companies shall be sent to the transport company concerned without delay and in writing. If immediate notification is not given, the ticket purchaser will forego the right to make any claims. The transport companies involved are liable for personal injury and property damage caused by them, or their employees, pursuant to the following provisions. Secondarily, the relevant provisions of the Swiss Code of Obligations shall apply. Liability is, to the extent permitted by law, limited to gross negligence and intentional conduct. Cableway systems are technical facilities and lubricants are used to facilitate their proper operation. Liability for soiled clothing and equipment or the like is excluded. Liability of the relevant transport companies for damage to property and personal injury is, in particular, excluded in the case of accidents as a result of:
- Non-observance of instructions, i.e. disregarding markings and information boards, not remaining on secured and monitored slopes;
- Non-observance of instructions and warnings by the mountain railways personnel or by piste and rescue service personnel;
- Non-observance of avalanche warnings;
- Negligence or willful misconduct on lifts and ski slopes;
- Pursuance of high-risk sports such as freeriding, downhill biking, paragliding etc.;
- Insufficient slope preparation
Furthermore, the liability of the transport companies concerned is essentially based on the Guidelines on the Obligation to Maintain Safety on Snow Sport Runs. There is no liability for accidents that occur outside the secured and marked ski slopes, unless the transport companies concerned are at fault for serious negligence or willful violation of their safety obligations. In addition, any liability for accidents on hiking and biking trails and on tobogganing and downhill runs is excluded. In the case of personal injury or damage to property resulting from the failure to fulfill a contract, the participating mountain railways shall be liable under these terms and conditions as well as under the relevant Swiss laws. Any liability for theft in the ski resort or for damage to property by third parties is excluded.
Children up to 6 years travel free of charge (date of birth at the time of the purchase of the ticket applies, the child has to be accompanied by an adult, and evidence of age/identification is required).
8. Validity of Tickets & Definition and Establishment of Operating Times
Until the end of mountain railways operations in terms of the 2018/19 Winter Brochure, no later than 6.00 pm. The winter season is generally considered to run from 1 November to 30 April of the following year. The summer season runs from 1 May to 31 October.
An adjustment of the operating times or a redefinition regarding the opening/closure of a transport system - in particular those deviating from those known at the time of the purchase of the ticket - is expressly reserved to the companies affiliated with the Tarifverbund. There is no right to claim for partial or total refund of the ticket price.
Ski passes are valid for the public transport from 15 December 2018 until 7 April 2019 in the trains from Matten/St. Stephan until Rossinière in the 2nd Class and in the Post Bus between Saanenmöser until Col du Pillon, Lauenen and Turbach.
Excluded from the public transport are single and round trip tickets, 2 and 4 hour ski passes and day passes with the possibility for refund(see Winter leaflet 2018/19).
Groups of 10 or more paying guests receive group rates (one order and invoice, no individual payments).
10. Companion Cards
Those who are accompanying disabled persons who need assistance when undertaking winter sports will receive cost-free companion cards provided that the person requiring assistance presents his/her disability card at the ticket counter. The companion card is valid only on shared tours. (No multi-day tickets, only 1-day tickets are available)
11. Non-Provision of Services
Bad weather, interruption of operations, premature closure and blocking of ski runs do not constitute reasons for any claims on the part of ticket holders, and in particular, any claims for reimbursement or free extension of the tickets are expressly excluded. The same applies in the case of the early departure of the customer.
If, as a result of circumstances which cannot be averted, the companies temporarily or permanently fail to fulfill their obligations arising from the transport contract, the purchaser of a mountain railways ticket shall not be entitled to make any claims against the latter (the beneficiary). This is especially true in the following cases:
- Adjustments in terms of GTC, section 8
- Shutdowns and piste closures due to force majeure such as wind and/or (bad) weather effects, avalanche danger, strikes or official orders, safetyrelevant closures;
- Overloading of transport facilities;
- Operational malfunctions, e.g. due to technical defects or electric power outages;
- Non-provision of third-party services (such as insurance, indoor swimming pool, etc.)
12. Accident / Illness
is expressly pointed out that in the case of an accident or illness no whole or partial reimbursements will be made by the Tarifverbund or its affiliated companies.
The customer has the option of additionally insuring him/herself against this risk through a third-party provider. Please refer to the General Terms and Conditions of the third-party provider. Neither the affiliated companies nor the Tarifverbund Gstaad GmbH can be held liable for any non-provision of insurance services.
If the customer has an accident in the area of the Gstaad region and the rescue services of the mountain railways companies are required, the customer will be charged a maximum amount of CHF 260.00 plus material costs for due rescue on the ski slope. Costs of third parties (e.g. helicopter transport, Rega, doctor, Alpine Rescue etc.) are to be paid directly by the customer. Any claims for reimbursement must be made by the customer against their insurance.
13. Lost Tickets
There is no right to claim for transport or replacement. Lost or forgotten season tickets can be replaced against the presentation of justification for the lost ticket being blocked for use and payment of a processing fee of up to CHF 20.00. In addition, a new deposit card is to be purchased.
14. Cardiac Pacemakers
An information sheet is available at the ticket counter for bearers of pacemakers.
In the ski area, photos are taken at the access control/scanners and are stored internally for checking purposes. These photos are not published and only serve to verify the legal use of the ski passes.
If a ticket is misused, such as being used by/for third parties, for falsification/transference of identity, this will result in the immediate withdrawal of the ticket and an administrative charge of up to CHF 500.00 or to the value of the ski pass. Further civil or criminal measures are reserved.
16. Internet / Internet Pages and Web Shop (legal information)
We advise that when you access www.gstaad.ch you are declaring your agreement with the following conditions.
The entire content of the Gstaad.ch website is protected by copyright. All rights are owned by Gstaad Saanenland Tourismus or the participating mountain railways in the Gstaad region or by third parties. The elements on the Gstaad.ch website are freely accessible for browsing purposes only. Duplication of the material or sharing the material in any written or electronic form is only permitted with express permission. The reproduction, transmission, modification, linking or use of the Gstaad.ch website for public or commercial purposes is prohibited without prior written consent. The various names and logos on the Gstaad.ch website are registered and protected trademarks. No part of the Gstaad.ch website has been designed in such a way that a licence or a right to the use of a picture, a registered trademark or a logo can be inferred. No rights of any kind with regard to the software or elements on the Gstaad.ch website are transferred by the downloading or copying of the Gstaad.ch website or of parts of it. Gstaad Saanenland Tourismus reserves all rights with regard to all elements on the Gstaad.ch website, with the exception of third party rights.
No guarantee is provided for the correctness of the information provided (in particular, prices, reservations, online calculations). We cannot guarantee that the details are always up-to-date at all times. Gstaad Saanenland Tourismus does not accept any liability for internet errors, damage caused by third parties, imported data of any kind (viruses, worms, trojans), as well as for links to and from other websites. We have no control over the content and form of external websites.
We cannot guarantee the faultless functioning of hardware and software. Where booking processes are not fully completed, there is no obligation to have paid for the service mistakenly thought to have been purchased via the web shop. There is no obligation to provide services on the part of the transport companies. When making a purchase via a web shop, the customer is always obliged to print out the booking document and to carry this with him/her each time transport services or other services are redeemed/demanded. We should like to draw your attention to the possibility that this website may contain technical inaccuracies or typographical errors. We reserve the right to change or update the information on this website at any time without giving prior notice. This also applies to improvements and/or changes to the products and/or programmes described on this website.
In no instance shall the Gstaad region be liable to you or third parties for any direct, indirect, special or other consequential damages that result from the use of this website, or any websites linked to it. Also excluded is any liability with regard to a loss of profits, operational interruptions, loss of programmes or other data in your information system. This also applies to any instances when our attention is expressly drawn to the possibility of such damages.
17. Applicable Law and Place of Jurisdiction
Several service providers have formed a tariff alliance under the Gstaad brand, which is wholly or partly represented by the Tarifverbund Gstaad GmbH. These include Bergbahnen Destination Gstaad AG, Wasserngrat 2000 AG, Gstaad 3000 AG, Skilift Rohrbrücke-Brüchli AG in Lauenen and the Skilift Heiti cooperative. These General Terms and Conditions have been drawn up by the Tarifverbund Gstaad GmbH and apply to all member companies and their transport contracts with their customers. Further provisions may become legally applicable in certain transactions. All companies are independently responsible for the operation of lifts, cable cars and slopes. The transportation contract is concluded directly between the customer and the respective operator of the lift/cable car. The latter is responsible for the proper provision of the respective services. The operator is also responsible for undertaking the necessary technical maintenance on lifts and ensuring public safety on the slopes (piste and avalanche service). Any issues of liability, especially also in connection with skiing accidents, will be dealt with by the respective company on whose territory or on whose lift the incident occurred. Swiss law exclusively is applicable to the contractual relationships between the Gstaad region and its customers, including disputes relating to the conclusion and the validity of the contract. The head office of the respective sales outlet shall be definitive for determining the place of jurisdiction. For sports pass purchases over the internet, the head office of the Tarifverbund Gstaad GmbH, Promenade 41, 3780 Gstaad, is the sales outlet.
The application of the "Vienna Convention" (CISG) is expressly excluded for all transactions.
Outside operating hours of cable cars and lifts, all slopes are closed and no safety precautions are in place against risks associated with avalanche triggering or piste machines with cable winches. Danger to life!
Subject to errors, modifications and omissions. Version August 2018.
TARIFVERBUND GSTAAD GMBH
Haus des Gastes, Promenade 41, CH-3780 Gstaad, Tel. +41 33 748 87 37
Infoline +41 33 748 82 82, firstname.lastname@example.org www.gstaad.ch