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GENERAL TERMS AND CONDITIONS OF JAUN-GASTLOSEN BERGBAHNEN AG (JGB)

1 General

The general terms and conditions (GTC) apply to all services and products of Jaun-Gastlosen Bergbahnen AG. With the purchase of a ticket or a subscription, the customer accepts these GTC.

2. Tickets and subscriptions

  2.1. validity and control

All tickets and subscriptions are personal and non-transferrable. They are valid only during the published operating hours and the booked period.

Reduced tickets and season tickets are only valid with the corresponding ID, which must be shown during inspections.

  2.2. loss or theft

In the event of loss or theft of a ticket or season ticket, a one-time replacement will be provided upon presentation of the purchase receipt. If the purchase cannot be justified, the customer must purchase a new ticket or season ticket.

  2.3. Abuse/Counterfeiting

Misused or forged tickets and passes will be confiscated and blocked immediately. Tickets and season tickets in use that are not suitable for use may be withdrawn and blocked in accordance with the same provision. The user must immediately pay the following handling fee:
 

Misuse: CHF 100.00
Forgery: CHF 200.00
Civil or criminal measures remain reserved.

 

Actions by a customer with the intention of unlawfully defrauding himself or another person and/or damaging the transport company's assets or other rights are deemed to be misuse. In particular, a ticket or a subscription is considered to have been forged if it has been created, altered, duplicated, supplemented or otherwise manipulated without authorization, or if it contains additions. Attempts at misuse or forgery shall have the same consequences.

  2.4. Exchange / Refund / Tariffs

As a general rule, purchased tickets and season tickets cannot be subsequently exchanged for other tickets or season tickets, or changed or refunded.


Non-use of JGB facilities does not entitle the holder to exchange, change, transfer, refund in whole or in part, or take back purchased tickets or season tickets.


In case of illness or accident, a refund can only be made upon presentation of a medical certificate. The medical certificate is decisive for the calculation of the refund amount.


If the operation is completely or partially stopped due to bad weather or force majeure (e.g. avalanche danger), the customer is not entitled to a refund of what he has already paid.


If JGB does not provide its contractual services, or does not provide them in part, permanently or only temporarily, the customer has no claims (especially no refund claims or claims for damages) against JGB. This applies in particular to interruptions or suspensions of operations or slope and path closures in the following cases:


- Accident and force majeure such as wind and weather influences, avalanche danger, strikes
- official orders or restrictions (among others due to power shortages)
- voluntary restrictions due to special circumstances (among other things, as a result of the authorities' appeals for savings due to power shortages)
- pandemic or epidemic.


If a certificate obligation is imposed by the authorities, the customer has no right to exchange, change, transfer, refund or take back purchased tickets or subscriptions if he cannot use the facilities due to non-compliance with the official requirements.

  2.5. Operating hours

The published operating times of the JGB transport facilities are for information purposes only. Their observance requires appropriate weather, snow and slope conditions.

 

3. exclusion from transport


  3.1 General
Persons may be excluded from transport if they:
- Are drunk or under the influence of narcotics;
- behave in an improper manner;
- do not comply with the rules of use and behavior or the instructions of the staff based on them.


  3.2 Transportation for the practice of a sport
If the weather conditions are unsuitable for the practice of a sport, especially in case of avalanche danger, persons can be excluded from the transport for the practice of a sport.


Furthermore, persons can be excluded from transport for the practice of a sport if they endanger third parties immediately before the intended transport and there is reason to believe that they will continue to endanger third parties. In the event of a repeat offence or in serious cases, the ticket or season ticket may be withdrawn.


A third party is endangered in particular if the person in question:
- has behaved in a reckless manner;
- has skied on an avalanche-prone slope;
- has disregarded instruction and prohibition signs that serve to ensure safety;
- has disobeyed the safety instructions of the supervisory and rescue services.

 

4 Liability


  4.1 Safety on the slope
The FIS rules of conduct and SKUS guidelines must be observed at all times. Outside the operating hours as well as after the final check, pistes and slopes are closed and therefore off-limits. For safety reasons, it is forbidden to ski on or walk on the slopes after the slopes have closed.


The instructions of the personnel, in particular those of the piste and rescue service, must be followed unconditionally. Failure to follow the instructions of the staff may result in the immediate withdrawal of the ticket or season ticket without compensation.


The customer must always behave in such a way that neither his safety nor the safety of other customers or the facility or the environment is endangered.


  4.2 Complaints
Any complaints by the customer concerning the provision of services by JGB must be addressed immediately to JGB or its personnel. If the customer fails to notify JGB immediately, any claims against JGB are forfeited to the extent permitted by law.

 4.3 Scope and exclusion of liability
JGB shall be liable for personal injury and property damage caused by it or its personnel in accordance with the following provisions. Subsidiarily, the relevant provisions of the Swiss Code of Obligations shall apply.


The liability of JGB is, as far as legally permissible, limited to gross negligence and wilful misconduct.


A liability of JGB for property damage and personal injury is, as far as legally permissible, fully excluded in case of misconduct of the customer, namely in consequence of:


- Failure to follow instructions, i.e. disregarding markings, barriers and information boards, leaving the secured and controlled slopes;
- disregard of instructions and warnings of the personnel or of the piste and rescue service;
- disregarding warnings of avalanche danger;
- Negligent or intentional behavior on the facilities and ski slopes in breach of duty;
- Practice of high-risk sports such as freeriding, freeskiing, downhill biking, paragliding, etc.;
- Practicing mountain biking on all hiking and biking trails as well as driveways and roads;
- Inadequate preparation of ski slopes.


The liability of the JGB is, as far as legally permissible, also excluded in the following cases:


- Accidents outside the secured and marked slopes;
- Accidents on hiking and sledging trails;
- Thefts in the ski area or damage to persons or property by third parties.


5. rescue service
If the customer has an accident on the territory of the JGB and therefore the rescue service has to be called, the costs will be charged to the customer. Third party costs (e.g. Rega, doctor) will be paid directly by the customer. Any claims for reimbursement must be made by the customer to his insurance company.

The rate for rescue costs is defined on the basis of the degree of injury.
(Rescue flat rate & possible material costs).


6. data protection
With the purchase of a ticket or a subscription, the customer actively agrees that JGB may store the personal, sales and usage data and use them for statistical and advertising purposes. Upon request, the customer has the right to view the data stored on his profile, to have it corrected and - if it is not mandatory by law or in accordance with the above provisions - to have it deleted.


7. Applicable Law / Place of Jurisdiction
The contract between the customer and Jaun-Gastlosen Bergbahnen AG is exclusively subject to Swiss law, excluding the "Vienna Sales Convention" (CISG).
The exclusive place of jurisdiction is Bulle, unless mandatory legal provisions stipulate a different place of jurisdiction.

Data protection

Responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

 

Jaun-Gastlosen Bergbahnen AG
Main street 381
1656 Jaun

Phone: 026 929 81 32
Email: info@jaun-bergbahnen.ch
Website: https://www.jaun-bergbahnen.ch/

 

General remark

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the federal government (Data Protection Act, DSG), everyone has the right to the protection of their privacy and protection against misuse of their personal data. The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

In cooperation with our hosting providers, we strive to protect the databases as well as possible from unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data as described below. In principle, this website can be visited without registration. In doing so, data such as pages accessed or the name of the file accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or email address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.

 

Processing of personal data

Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process - to the extent and insofar as the EU GDPR is applicable - personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR:

  • lit. a) Processing of personal data with the consent of the data subject.

  • lit.b) Processing of personal data to fulfill a contract with the data subject and to carry out corresponding pre-contractual measures.

  • lit. c) Processing of personal data to fulfill a legal obligation to which we are subject in accordance with any applicable EU law or in accordance with any applicable law of a country in which the GDPR is fully or partially applicable.

  • lit.d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.

  • lit.f) Processing of personal data in order to safeguard the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the person concerned do not prevail. Legitimate interests are in particular our business interests in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

 

We process personal data for the duration that is necessary for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.

 

Privacy policy for contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

 

Data protection declaration for newsletter data

If you would like to receive the newsletter offered on this website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter . Further data is not collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter.

 

Privacy policy for Facebook

This website uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In doing so, data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our page. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy .

 

Data protection declaration for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram.

You can find more information on this in Instagram's privacy policy: http://instagram.com/about/legal/privacy/

 

Newsletter - Mailchimp

The newsletter is sent via the mailing service provider 'MailChimp', a newsletter delivery platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here. The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection ( PrivacyShield ). The shipping service provider is used on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR and an order processing contract in accordance with Article 28 (3) sentence 1 GDPR.

The shipping service provider can use the recipient's data in pseudonymous form, ie without being assigned to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

 

Data protection declaration for YouTube

Functions of the "YouTube" service are integrated into this website. "YouTube" belongs to Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

Your legal agreement with "YouTube" consists of the terms and conditions that can be found under the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de . These provisions form a legally binding agreement between you and «YouTube» regarding the use of the services. Google's privacy policy explains how “YouTube” handles your personal data and protects your data when you use the service.

 

Copyrights

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.

Whoever commits a copyright infringement without the consent of the respective rights holder can make himself liable to prosecution and possibly liable for damages.

 

General disclaimer

All information on this website has been carefully checked. We endeavor to keep our information offering up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including journalistic and editorial information. Liability claims for material or immaterial damage caused by the use of the information provided are excluded, unless it can be proven that there was willful intent or gross negligence.

The publisher can change or delete texts at his own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damage such as direct, indirect, accidental, specifically to be determined in advance or consequential damage that allegedly resulted from visiting this website and consequently assume no liability for this.

The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to common decency.

 

Changes

We can adapt this data protection declaration at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change in the event of an update by e-mail or in another suitable manner.

 

Questions to the data protection officer

If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.

 

Jaun, 07/07/2020

Source:SwissAnwalt

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