AGBS GONDELBAN KANDERSTEG-OESCHINENSEE AG

1. general

The General Terms and Conditions (GTC) apply to all services and products, chargeable or free of charge, of Gondelbahn Kandersteg-Oeschinensee AG (GKO AG). GKO AG is entitled to use the services of third parties for the optimal provision of services. This is done with the automatic consent of the customer. For tickets and services of third parties for which GKO AG acts as seller or intermediary, the GTC of the respective company and their products - such as combined offers with partner companies, rental of sports equipment (sledges), etc. - apply.

1.1 Contract

With the order or purchase of a ticket or a service or with the use thereof, the contract with GKO AG is concluded. These GTC are deemed to be accepted without reservation by means of each order/purchase/utilisation.

1.2 Duty of identification

At the request of the ticket office/railway/inspection staff, the customer must identify him/herself with an officially valid form of identification (ID, passport, ticket). Barcode cards, KeyCard, SwissPass, local pass, Half-Fare Card/GA must also be presented.

1.3 Data carrier

The KeyCard and similar data carriers such as the Swisspass allow contactless access to all GKO AG cableways and lifts. It can be programmed with new validity data at any time and can therefore be used for several years. The KeyCard is available at all points of sale for a deposit. The deposit is refunded when the KeyCard is returned. Visibly defective KeyCards will not be replaced free of charge, nor will the deposit be returned. Barcode and one-way KeyCards are deposit-free day/individual ride cards and are used for pedestrians, tour riders and groups. Children under 6 (birthday cut-off date) ski free when accompanied by an adult. The carrying of a KeyCard is obligatory, except for entries to the Kinderland. In this case, the corresponding published tariff applies.

1.4 Data protection

The details on data protection are regulated in the DGE of GKO AG. Customer data will only be used to maximise operational security or in the interest of sales promotion, product design, crime prevention, abuse tracking, collection of key economic data and statistics and invoicing. The customer acknowledges and agrees that in cases of joint provision of services in cooperation with third parties, GKO AG is entitled to make customer data available to the third parties concerned to the extent that this is necessary in the interest of providing the services. The disclosure of customer data is permissible within the framework of the legal regulations

1.5 Services

The services of GKO AG result from the service description in the mountain railway brochure or the electronic media as well as further written offers. Special rates, special requests or additional agreements are only part of the contract if they have been confirmed in writing.

2. prices and terms of payment

2.1 Prices

The prices for the tickets are published at the valley station of the GKO AG and on the internet. Unless otherwise stated, the prices for the mountain railway tickets are per person and include VAT. All multi-day tickets are linear and cannot be selected individually. Exceptions to this are points tickets. These must be redeemed by the end of the current season. Unused days expire and are neither refunded nor carried over to the next season. In the event of different tariff information in the individual brochures and electronic media, the provisions according to the current publication on the Internet at www.oeschinensee.ch shall apply. In addition to the ticket prices, GKO AG charges a KeyCard deposit of CHF 5.00. It can be used repeatedly, with several offers at the same time and in some cases also with other companies within the industry. The deposit will be refunded after the card is returned.

2.2 Payment

Payment shall be made immediately upon conclusion of the contract. Tickets cannot be purchased on credit or invoice. Business customers, groups and tour operators have the option of purchasing tickets in advance via the online shop. Exceptions to this rule must be agreed in advance and are only valid if confirmed in writing by GKO AG. In the case of payment by invoice, the customer undertakes to pay the invoiced amount within 30 days. Objections to the invoice must be made in writing and substantiated within 7 days. If the customer does not meet his payment obligation within the payment period, he shall be in default upon expiry of this period without further reminder and shall pay default interest of 5%. If payment is not made even after a further reminder, GKO AG reserves all rights, including the right to discontinue all services to the customer without further notice.

GKO AG reserve the right to demand advance payment for services in whole or in part. Agreements to the contrary between the customer and GKO AG remain reserved. Bank transfer and cheque fees are at the expense of the sender.

2.3 Currency

Prices are always quoted in Swiss francs (CHF). The Euro conversion is done according to the guidelines of the ski region Adelboden-Lenk AG. Change is always paid out in Swiss francs.

2.4 Price and service change

GKO AG expressly reserve the right to change service descriptions and price information on the internet as well as in brochures and price lists until the conclusion of the contract.

3. tickets and season tickets

3.1 Validity

All tickets and season tickets are personal and non-transferable. Exceptions are specified in writing in special "sponsoring contracts". Season and annual tickets are for control purposes

provided with a photo. For evening rides, night offers and events outside the regular operating hours, only specially designated season tickets are valid. All other tickets and discounts are not valid. Separate tariff regulations apply for public night offers.

3.2 Age groups

Children under 6 years free of charge. Entrance to the toboggan run or other side activities are excluded. Here again the corresponding tariff applies. Reduced children's rates under 16 years. Adult rates apply in winter and summer from the age of 16.

3.3 Groups

A group is deemed to exist if at least 10 tickets are obtained and paid for at the same time. Associations, clubs, companies or officially recognised schools are considered as a group. The group leader must purchase and pay for all tickets together. It is not possible for GKO AG to issue individual group tickets. The tickets must have the same area of validity and the same period of validity. Detailed information on attractive group discounts is available at the point of sale. Free tickets for groups are already included in the group prices

3.4 Definition locals

Residents of the municipality of Kandersteg who are entitled to pay taxes are considered to be local residents. They receive reduced conditions on the gondola lift, day pass and season pass.

3.5 Travellers with a disability

For uphill and downhill journeys for persons with reduced mobility, the normal fare must be paid. Companions receive a free ticket, provided the person with a disability has the SBB companion card.

3.6 Loss or theft

In the event of loss or theft of a multi-day ticket or season ticket, direct replacement will be provided on presentation of the purchase receipt. Replacements will only be made after appropriate clarification if the ticket has not already been used. A processing fee of CHF 50 may be charged for issuing the replacement ticket.

3.7 Refunds

In the event of an accident or illness of the cardholder, the season ticket with medical certificate must be deposited at an issuing office as soon as possible, but no later than 14 days after the accident/illness (also possible by third parties). If the season ticket can no longer be used, the unused days will be refunded on presentation of a medical certificate, which must be issued by a practising doctor or a hospital. The day of the accident is relevant for the calculation of the reimbursement. There is no entitlement to reimbursement for: Single trips, half-day, one-day, promotional and special tickets. The percentage of refunds for season and annual tickets is calculated as follows:

  • until 15 December 75 % of the purchase price
  • until 31 December 60 % of the purchase price
  • until 15 January 50 % of the purchase price
  • until 31 January 35 % of the purchase price
  • until 28/29 February 20 % of the purchase price
  • No refund as of 1 March

Refunds are made in cash or as a value voucher. Refunds are only possible until the end of the current season. The percentage of the
refund for summer season tickets is calculated as follows:

  • 70 % of the purchase price by the end of June
  • 50% of the purchase price by the end of July
  • until the end of August 30 % of the purchase price
  • no more refunds from the beginning of September.

Refunds are only possible until the end of the current season. No refunds for personal reasons, early departure, unfavourable weather and snow conditions. Reduced railway operations (especially early and late season) are reserved and do not entitle to refunds.

3.8 Abuse / Forgery

The ticket office, railway or authorised control personnel are entitled to carry out ticket checks at any time. The customer must identify himself with an officially valid ID (ID, passport, ticket). Any misuse of tickets, in particular the transfer of lift tickets or alteration of the information contained therein, will result in immediate withdrawal without compensation. In addition to the fare for the unauthorised or invalid ticket, a surcharge of CHF 150.00 will be levied in accordance with Article 16 of the Federal Transport Act of 4 October 1985. In addition, a valid ticket must be purchased. GKO AG also reserves the right to issue a police citation or to prosecute the offender. The ticket holder is responsible for ensuring that his ticket does not enable abuse by third parties.

4. facilities and slopes

4.1 Disruptions in service provision/cessation of operations

Operational restrictions or suspensions as a result of force majeure such as wind and weather influences, strikes or official orders, operational disruptions (e.g. föhn wind or as a result of technical defects such as power cuts) do not entitle the customer to either a refund or compensation.

4.2 Reckless behaviour/misconduct of the ticket purchaser

In the event of reckless behaviour, breach of these regulations or disregard of the orders of the railway, ticket office or control personnel, in particular in the event of non-observance of the FIS rules, disregard of signals, instructions and barriers as well as when skiing on closed pistes or game rest and forest protection zones etc., GKO AG may withdraw the ticket holder's ticket. Outside the official operating hours, the slopes/pistes are closed and skiing on the piste is prohibited. The last piste check is always carried out after the mountain railways have closed. Anyone who endangers safety and order in the winter sports area as a result of drunkenness or drug abuse may be temporarily or permanently excluded from using the cableways and winter sports pistes. There will be no refund of the ticket price. Anyone who damages or contaminates GKO AG facilities and equipment must pay the repair and cleaning costs. In the event of deliberate damage/contamination, the right is reserved to press charges.

4.3 Avalanche barriers

Crossing avalanche barriers is prohibited and will be punished with immediate ticket withdrawal and criminal charges.

4.3 Fun sports equipment

For safety reasons and in accordance with the applicable SKUS rules, fun sports equipment (e.g. airboards) of all kinds will not be carried. The exception is sledges. In individual cases, the GKO operating staff decides on the transport of all equipment and objects to the GKO facilities.

4.4 Slope markings

The slopes are marked with markings on both sides.

4.5 FIS rules

The 10 FIS rules of conduct for all snow sports guests apply(www.fis-ski.com).

4.6 Piggyback skiing with toddlers

It is forbidden to ski with small children in piggyback packs on all GKO AG slopes and lifts.

5. accident in the winter sports area

If a ticket purchaser suffers an accident in the winter sports area, the rescue service of GKO AG can be called upon. The rescue costs will be invoiced directly by GKO AG according to expenditure. In addition, third party costs such as ambulance transport, taxi, air ambulance etc. may be incurred. It is the patient's responsibility to assert any claims for reimbursement against his or her insurance company.

6. rental objects

The rental of skates and other equipment is regulated by means of individualised rental contracts and the provisions contained therein. The GTC are always an integral part of such rental contracts concluded with GKO AG. The renter is liable for damages to the rental objects. In the event of theft, an official police report is essential.

7. complaints

Any complaints by the ticket purchaser concerning the services provided by GKO AG must be addressed to GKO AG immediately. If no immediate notification is made, the ticket purchaser loses all claims against GKO AG.

8. internet / internet pages

All information published on the Internet is without guarantee. GKO AG accepts no liability for Internet errors, damage caused by third parties, imported data of any kind, in particular viruses, worms, Trojan horses, etc. The internet pages may contain technical inaccuracies or typographical errors. The GKO AG is in no case liable for any direct, indirect, special or other consequential damages resulting from the use of the internet pages of the GKO AG or any internet page linked therein. Also excluded is any liability for loss of profit, business interruption, loss of programmes or other data in information systems.

9. liability

The liability of GKO AG for personal injury and damage to property is limited to those cases which are mandatory under Swiss law
. Liability for accidents outside the secured and marked
winter sports slopes as well as accidents on hiking and sledging trails is completely excluded.
Liability on the part of GKO AG is excluded for accidents as a result of:

  • Disregarding markings and signs
  • Leaving the secured and controlled slopes
  • Disregarding instructions and warnings from the
  • Railway staff or the piste and rescue services
  • Disregard of further warnings
  • negligent or intentional conduct on facilities and ski slopes
  • of the runway condition

10. insurance

GKO AG recommend that all ticket purchasers arrange for supplementary insurance cover, such as liability insurance, cancellation costs insurance, travel accident and travel health insurance, extra return travel costs insurance, etc.

11. amendments to the General Terms and Conditions (GTC) and the other contractual provisions

GKO AG reserves the right to amend these GTC at any time. Should the customer be considerably disadvantaged by the amendment of the GTC, he is entitled to terminate the contract as of the entry into force of the amended GTC. The right of termination expires with the entry into force of the amendment.

12. final provisions

Notifications by e-mail shall be deemed to have been made in writing. Swiss law is exclusively applicable for all contracts concluded with GKO AG under these GTC. The exclusive place of jurisdiction for any disputes arising from such contracts is 3718 Kandersteg.

Gondola Kandersteg Oeschinensee AG
Kandersteg, 17 December 2019