General Terms and Conditions for the Use of the Webshop and the Purchase of E-tickets
1.1 Scope of application
These General Terms and Conditions apply to all orders placed at Gornergrat Bahn, a company limited by shares (AG) with registered office in Brig (hereinafter "GGB"), via its website, and you as the customer (hereinafter the "Customer").
By using the website, the Customer acknowledges the validity of these General Terms and Conditions.
1.2 Mechanism of concluding the contract
The presentation of the products or offers in the webshop at www.gornergratbahn.ch does not represent a legally binding offer but rather an invitation to the Customer to place an order that shall be binding for the Customer (an offer to conclude a contract). By clicking on the button "Place order", the Customer issues a binding order for the products or offers listed on the ordering page. The Customer shall be bound by his order for seven days.
Immediately after receiving the order, GGB shall confirm the receipt of the order, by e-mail. A contract shall only come into force when GGB declares that it accepts the contract. This shall be done by sending a confirmation of the order or shipment, or at the latest when the goods are shipped.
Excepted are e-tickets, where the contract shall come into force upon clicking the button "Buy now" (see also Section 2).
1.3 Delivery of goods
Goods shall only be sent to delivery addresses within Switzerland and the Principality of Liechtenstein.
The transportation risk shall be borne by the Customer. If some of the ordered products are not in stock, GGB shall be entitled to send partial deliveries. No additional costs shall be charged to the Customer for partial deliveries.
1.4 Data protection
In its handling of personal and customer data, GGB complies with the data protection and telecommunication laws, and also expressly refers to Section 09 / Data Protection of the General Passenger Tariff T600 of the Swiss Public Transport Enterprises. For a description of how GGB processes personal data, please refer to our LINK Data Protection policy. The person who buys an "electronic" ticket or discount travel card pursuant to Section 4 of Tariff T600 acknowledges that personal and customer data (anonymised exchange of data) will be disclosed to transport companies or commissioned third-party companies, in Switzerland and within the region of the European Union, which have been instructed to check the electronically issued tickets and travel cards and produce the revenue allocation schemes.
1.5 Liability for using the webshop and Internet site
No responsibility shall be taken for the correctness of any of the details published on the Internet (prices, online calculations, reservations, etc.). GGB shall not accept any liability for Internet malfunctions, damages caused by third parties, or imported data of any kind, in particular viruses, worms, trojans, etc. No guarantee can be provided for the fault-free functioning of hardware and software. GGB shall not be liable for any direct, indirect, special or other types of consequential damages that result from the use of the Internet pages of GGB or Internet pages that they link to, in any case. All liability shall also be excluded for loss of profit, business interruption, and loss of programs or other data on the Customer's information systems. This also applies if the possibility of such damages was expressly mentioned to GGB.
1.6 Liability for third-party offers
The Customer has the option to order or book offers by third-parties on the GGB website. For such offers, GGB acts merely as an agent with a collection authorisation. The contractual party is the obliged supplier or service provider in each case. This will only be GGB itself in the cases that are expressly stated below.
The offers can be grouped together as individual modules (hotel, mountain railway ticket, equipment, etc.) to form a complete holiday that is tailored to the Customer's individual requirements. GGB shall not accept liability for the grouping in the shopping basket, or the compatible matching up of the individual items (as to time, place etc.). Nor shall GGB accept liability for the correct execution of the individual service or delivery, unless it is itself the provider of the service. For this the Customer can only refer to the contract that was arranged with the immediate provider (hotel business, rental company, event organiser, etc.) and the terms of business therein. The Customer shall be responsible for informing himself about this in an appropriate manner.
2. Special provisions related to e-tickets
2.1 Definition & preliminary remarks
E-tickets are either issued over the Internet and printed out on paper by the Customer (hereinafter "Online Tickets"), or ordered via the Internet or mobile phone and stored on the mobile phone or similar devices (hereinafter "Mobile Tickets")
For passengers with e-tickets, the tariffs of the Swiss Public Transport Enterprises shall apply, specifically the "General Passengers Tariff T600" of the Swiss Public Transport Enterprises (hereinafter called "Tariff T600"), which can be found at the sales points that are manned by staff, and online at www.voev.ch. For ski passes and peak passes, the tariff and transport provisions of Zermatt Bergbahnen AG shall apply. Those provisions are supplemented by the following statements describing how the relations between the holder of an e-ticket and GGB are regulated.
2.2 General provisions about e-tickets
All e-tickets are made out in the person's name and are not transferable or exchangeable. They shall be valid only with a valid official ID document in the name of the traveller (e.g. passport, ID card, driving licence) and/or together with the valid half-fare card or general travel card issued in the respective person's name. For discounted tickets, the corresponding discount card (e.g. half-fare travel card) must be shown in every case.
An e-ticket must also be purchased for children, dogs and bicycles. This shall bear the name and date of birth of the person who is accompanying the child/dog/bicycle. The holder must show ID in accordance with T600 Section 41.00. All e-tickets are centrally stored in an electronic register, and a copy can be obtained (e.g. mobile phone or printout at home in accordance with T600 Section 41.06).
The e-mail confirmation issued by GGB does not count as a ticket. If you are unable to show the inspector a valid e-ticket, you will have to purchase a ticket/seat reservation on the spot. In such a case, a surcharge is usually levied.
2.2.1 Online Tickets and online reservations
All Online Tickets and reservations must be printed out at 100% size (not scaled down) on white, previously blank normal paper in A4 format and in portrait format at a resolution of at least 600 dpi. The Online Ticket reference number (consisting of 12 digits) on the top right of the Online Ticket must be fully legible. The Online Ticket must be kept ready for presentation to the inspector, complete and in A4 format. The advertising in the lower third of the Online Ticket may be detached/cut off. Online Tickets which are not clearly legible are not valid for the journey, and the traveller will then be classed as a traveller without a valid ticket as indicated in Tariff T600, Section 6.
2.2.2 Mobile Tickets
For the purchase of Mobile Tickets, the following preconditions must be fulfilled:
• The Customer must have a valid credit card (except for B2B customers)
• The Customer must have bought the ticket via the online portal of a licensed transport company (KTU) participating in the tariff scheme
• The Customer must have a mobile phone with an activated SIM card
• The mobile phone must be capable of at least MIDP 2.0
• The mobile phone must have a screen resolution of at least 160 x 200 pixels.
All three display levels of the Mobile Ticket must be fully visible and legible, and ready for viewing by the inspector. Otherwise the Mobile Ticket will not be valid for the journey.
2.3 Validity of e-tickets
For all e-tickets, the Customer shall specify the date of the journey when purchasing the ticket on the Internet or via mobile phone. For tickets that are valid for more than one day, the return journey must be made on the day specified at the time of booking.
The ticket medium (such as a mobile phone or a similar device) shall be handed to the inspector – if requested – so the e-ticket and in particular the three display levels of the Mobile Ticket can be checked. The inspector shall be entitled to operate the ticket medium in order to carry out a proper check. The customers must be in possession of the e-ticket before starting the journey (actual departure of the train). The purchasing or ordering procedure must be fully completed before the actual departure of the train, and the e-ticket must be available as a printout or via the application on the end device. Otherwise the traveller will have to pay the surcharge indicated in T600.5, Section 30.00 (plus the fare). E-tickets with the normal tariff are issued in 1st and 2nd class for one-way and return journeys. The period for which the e-ticket with the normal tariff is valid is set as follows:
|Ticket||One-way journey All distances||Return journey up to 115 km||Return journey of 116 km or more|
|Online Ticket||1 day||1 day||One day each for the journey to and from the destination within 10 days|
|Mobile Ticket||1 day||1 day||One day each for the journey to and from the destination within 10 days|
3. Methods of payment
The offer made by GGB is stated in Swiss francs (CHF). The right to make changes to the prices and assortment is expressly reserved. Statutory taxes and levies shall be charged separately, and may likewise result in an adjustment to the prices at any time.
3.1 Payment by credit card
When paying by credit card (VISA, MasterCard etc.), the credit card number, expiry date and security number (CVC) must be provided. GGB shall not accept any liability for faulty operation of the Internet, damages by third-parties, interruptions to business, loss of the transmitted data, etc.
3.2 Credit vouchers
Credit vouchers are not restricted to a single person and are freely transferable. They may be redeemed for as long and as many times until the credit is fully used up. The maximum amount for a credit voucher is CHF 3,000.00.
If customers of GGB purchase credit vouchers for their offer, this offer must be used by not later than the expiry date printed on the credit voucher. Credit vouchers will not be paid out in cash, and may not be exchanged or refunded.
3.3 Discounted shopping basket
A discount may also be provided for a combination of various predefined services of third-party providers. GGB never acts as the organiser for such collective packages. Liability lies with each individual travel service provider, i.e. third-party provider. The discount will be separately indicated in each case in the shopping basket.
3.4 Shipping costs
Any shipping costs that are due shall be separately charged and listed as such in the shop.
4. Refunds and cancellation
If the Customer has booked a service, but does not appear at the agreed time, or in some other way fails to use a product or service, he shall not have any claim to a refund or replacement service.
Nor will there be a claim to a refund or extension in the event of sickness, accident or interruptions to business, with the exception of 3.2 below. For the rest, the provisions of Tariff T600.9 shall apply.
4.1.1 Cancellation by the Customer
For the cancellation of services for individual passengers, the terms of the respective product shall apply. The services obtained via the Internet (tickets, reservations, menu, etc.) may not be cancelled, exchanged or refunded. If the Customer is prevented from starting the journey because of sickness or accident, and he can present a valid medical certificate, the entire costs shall be reimbursed to him.
4.1.2 Cancellation of third-party services booked via GGB
For the cancellation of services provided by third-parties (hotel, event, holiday flat, etc.), the cancellation terms of these third-party providers shall apply. The Customer himself must obtain information about the terms of business that apply there. It is recommended that the passenger take out a cancellation-cost insurance policy.
4.1.3 Cancellation by GGB
If the booked service has to be cancelled by Gornergrat Bahn due to an event not attributed to force majeure, the Customer shall be able to choose either a comparable alternative (if available) or a refund. In the case of force majeure, there shall be no obligation to pay damages.
5. Final provisions
5.1 Time of coming into effect
These General Terms and Conditions shall come into effect on 1 December 2015.
5.2 Changes to the tariffs and the GTCs
GGB may amend these GTCs at any time without prior announcement. The version valid at the time of making the booking shall apply.
5.3 Applicable law and place of jurisdiction
This contract is subject to Swiss law, unless other mandatory provisions of the law decree otherwise. Disputes arising from the contract shall be subject exclusively to the ordinary jurisdiction at the place of the registered office of Gornergrat Bahn in Brig, Switzerland. Application of the Vienna Sales Convention is expressly excluded. In the event of uncertainty of interpretation in a foreign language version of this contract, the present German version shall be decisive.
Matterhorn Gotthard Bahn, Bahnhofplatz 7, CH-3900 Brig